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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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17-5-19.1
Section 17-5-19.1 Civil penalties. (a) Commencing with the 2018 election cycle, the appropriate
election official, based on the location of filing as required by Section 17-5-9, shall levy
an administrative penalty against any person who fails to timely file a report required by
this chapter and who does not remedy the filing of the report pursuant to subsection (h).
The State Ethics Commission shall have the authority to levy an administrative penalty against
any person who files a materially inaccurate report required by this chapter and who does
not remedy the filing of the report pursuant to subsection (g). (b) The schedule of civil
penalties shall be as follows: (1) The lesser of three hundred dollars ($300) or 10 percent
of the amount of contributions or expenditures not properly reported for a first offense in
an election cycle. (2) The lesser of six hundred dollars ($600) or 15 percent of the amount
of contributions or expenditures not properly reported for a second offense in...
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34-31-32
Section 34-31-32 Violations; penalties. (a) Any person engaged in business as a certified contractor
or performing the functions of a certified contractor in violation of this chapter shall be
guilty of a Class A misdemeanor, as defined by the state criminal code. (b) The board may,
at its discretion, impose late penalties on those certified contractors who fail to renew
certificates by December 31 of each year. The board may also remove certification from any
certified person who fails to renew his or her certificate by the first day of March and require
the person to apply for a new certificate. Furthermore, the board may at its discretion, remove,
revoke, or suspend the certification from any certified contractor who provides substandard
or dangerous service, repair, or installation, or who otherwise violates this chapter, and
may require such person to apply for a new certification. The board may, in its discretion,
also require the successful re-testing of any such person who...
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8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive
relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or
who would suffer injury from any threatened violation, of this chapter may maintain an action
in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened
violation. If in such action a violation or threatened violation of this chapter shall be
established, the court shall enjoin and restrain, or otherwise prohibit, such violation or
threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff
and against the defendant the costs of suit, including reasonable attorney's fees. In such
action it shall not be necessary that actual damages to the plaintiff be alleged or proved,
but where alleged and proved, the plaintiff in said action, in addition to such injunctive
relief and cost of suit, including reasonable attorney's fees, shall...
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24-5-14
Section 24-5-14 Penalties; disposition of funds. (a) Whoever violates this article or any regulation
or order issued under this article shall be liable for a civil penalty of not to exceed one
thousand dollars ($1,000) for each such violation. Each violation of any section of this article
or regulation or order shall constitute a separate violation with respect to each manufactured
home or with respect to each failure or refusal to allow or perform an act required thereby,
except that the maximum civil penalty may not exceed one million dollars ($1,000,000) for
any related series of violations occurring within one year from the date of the first violation.
Before the commission shall impose a civil penalty it shall first advise the violator of its
intention to do so and hold a hearing on the violation no sooner than two weeks after notification
to the person of the commission's intent to impose civil penalties and the indicated violations.
(b) Any individual or a director, officer, or...
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25-4-145
Section 25-4-145 Penalties; limitation of actions; collection of overpayments; waiver of overpayments.
(a) Penalties. (1) Whoever willfully makes a false statement or representation or who willfully
fails to disclose a material fact to obtain or increase any benefit or payment under this
chapter, or under an unemployment insurance law of any other state or government, either for
himself or herself or for any other person, whether such benefit or payment is actually received
or not, shall be guilty of an offense as follows and each such false statement or representation
shall constitute a separate and distinct offense: a. If the aggregate amount involved in the
offense exceeds two thousand five hundred dollars ($2,500) in value, that shall constitute
a Class B felony. b. If the aggregate amount involved in the offense exceeds five hundred
dollars ($500) but does not exceed two thousand five hundred dollars ($2,500), that shall
constitute a Class C felony. c. If the aggregate amount...
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41-9-85.6
Section 41-9-85.6 Failure to provide notice; penalties; costs and expenses of Securities Commission.
(a) If a person knowingly and willfully fails to give notice in violation of Section 41-9-85.2,
the Securities Commission, after notice and hearing pursuant to the Alabama Administrative
Procedure Act, may impose an assessment of up to the amount of the payment or obligation to
pay and a civil penalty of up to one thousand dollars ($1,000) or ten percent of the payment
or obligation to pay, whichever is greater. (b)(1) If a person fails to pay the assessment
and civil penalty imposed by subsection (a), the assessment and civil penalty may be recovered
from the person by an action brought by the Securities Commission in any court of competent
jurisdiction. (2) Notwithstanding any provision of law to the contrary, an alleged failure
by a convicted individual to give notice under Section 41-9-85.2 may not result in proceedings
for an alleged violation of the conditions of probation,...
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5-18-4
Section 5-18-4 License - Required; exemptions; penalties for violation of section. (a) License
required. No person shall engage in the business of lending in amounts of less than one thousand
five hundred dollars ($1,500) and contract for, exact or receive, directly or indirectly,
on or in connection with any such loan, any charges whether for interest, insurance, compensation,
consideration, or expense, which in the aggregate are greater than the interest that the lender
would be permitted by law to charge for a loan of money if he or she were not a licensee under
this chapter, except as provided in and authorized by this chapter and without first having
obtained a license from the supervisor. For the purpose of this section, a loan shall be deemed
to be in the amount of less than one thousand five hundred dollars ($1,500) if the net amount
or value advanced to or on behalf of the borrower, after deducting all payments for interest,
expenses, and charges of any nature taken...
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11-3A-3
Section 11-3A-3 Adoption procedures for ordinances; administrative fees; penalties. (a) Following
the notice requirements set out in subsection (b), the county commission, by majority vote,
may adopt ordinances for the implementation and enforcement of the powers set out in Section
11-3A-2. The county commission, in its discretion, may hold a separate public hearing on the
adoption of the proposed ordinances except the vote on approval of a proposed ordinance shall
be taken only at a regularly scheduled county commission meeting and only following notice
as set out in subsection (b). The style of all ordinances shall be, "Be it ordained by
the ___ County Commission as follows:" inserting the name of the county as the case may
be. All ordinances adopted by the county commission pursuant to this chapter shall be kept
in a separate book maintained in the county commission office and on a county maintained website
if one is available, and shall be available at all times for public...
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27-17A-22
Section 27-17A-22 Violations and penalties. (a)(1) A person who knowingly receives payments
for a preneed contract without having a valid certificate of authority: a. Commits a Class
B felony, punishable as provided by law, as to each contract on which the payments collected
equal or exceed, in the aggregate, two thousand five hundred dollars ($2,500). b. Commits
a Class C felony, punishable as provided by law, as to each contract on which the payments
collected are between, in the aggregate, five hundred dollars ($500) and two thousand five
hundred dollars ($2,500). c. Commits a Class A misdemeanor, punishable as provided by law,
as to each contract on which the payments collected do not exceed, in the aggregate, five
hundred dollars ($500). (2) In addition to the criminal penalty imposed under subdivision
(1), upon conviction of an offense under subdivision (1), a person may not thereafter obtain
a certificate of authority or register as a preneed sales agent. (b)(1) A person who...
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