Code of Alabama

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2-22-22
Section 2-22-22 Violations of chapter or rules or regulations promulgated thereunder deemed
misdemeanors; injunctive proceedings to restrain violations of chapter or rules or regulations
promulgated thereunder. (a) Any person who shall violate any of the provisions of this chapter
or who fails to perform any duty or requirement imposed by the provisions of this chapter
or who violates any rule or regulation duly promulgated thereunder or who shall sell or offer
for sale or distribute for sale any commercial fertilizer in violation of the requirements
of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as
now prescribed by law for such an offense. (b) In addition to the penalty provided in subsection
(a) of this section, the commissioner may apply by petition to a circuit court, and such court
or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining
order or permanent injunction or both restraining and enjoining...
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22-28-13
Section 22-28-13 Variances. (a) The commission may grant individual variances beyond the limitations
prescribed in this chapter whenever it is found, upon presentation of adequate proof, that
compliance with any rule or regulation, requirement or order of the commission would impose
serious hardship without equal or greater benefits to the public and the emissions occurring,
or proposed to occur, do not endanger or tend to endanger human health or safety, human comfort
and aesthetic values. In granting or denying a variance, the commission shall file and publish
a written opinion stating the facts and reasons leading to its decision. (b) In granting a
variance, the commission may impose such conditions as the policies of this chapter may require.
If the hardship complained of consists solely of the need for a reasonable delay in which
to correct a violation of this chapter or of the commission regulations, the commission shall
condition the grant of such variance upon the posting of...
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28-3A-24
Section 28-3A-24 Suspension or revocation of licenses; appointment of hearing commission; notice,
hearing and findings; fines. (a) The board shall have full and final authority as to the suspension
or revocation of any license issued under this chapter and to levy a fine against a licensee
in lieu of such suspension or revocation. The board shall have the full right and authority
to suspend any retail license issued by it for any reason which it may deem sufficient and
proper. Provided, however, the board may appoint a hearing commission of not less than three
members to hear and decide all contested applications of licenses under this chapter, and
hear and decide all charges against any licensee for violation of this chapter, the law or
the regulations of the board and shall have the power and authority to revoke or suspend for
cause licenses and permits, or to fine licensees provided in this chapter. Provided, no member
of the hearing commission shall participate in the hearing or...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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24-8-11
Section 24-8-11 Procedures for investigation; subpoenas. (a) In conducting an investigation,
the office shall have access at all reasonable times to premises, records, documents, individuals,
and other evidence or possible sources of evidence and may examine, record, and copy the materials
and take and record the testimony or statements of persons as are reasonably necessary for
the furtherance of the investigation, provided the office first complies with the constitutional
provisions relating to unreasonable searches and seizures. The office may issue subpoenas
to compel its access to or the production of the materials or the appearance of the persons
and may issue interrogatories to a respondent, to the same extent and subject to the same
limitations as would apply if the subpoenas or interrogatories were issued or served in aid
of a civil action in court. The office may administer oaths. Any examination, recording, copying
of materials, and the taking and recording of testimony or...
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27-17A-20
Section 27-17A-20 Hearing; procedures; penalties. (a) Whenever the commissioner has reason
to believe that any person has engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice as defined in this article, or is
engaging in the sale of preneed contracts without being properly licensed as required by this
article, or is otherwise acting in violation of this chapter, and that a proceeding by the
commissioner in respect thereto would be in the interest of the public, the commissioner shall
institute a proceeding in accordance with this section. (b) A statement of charges, notice,
or order or other process under this chapter may be served by anyone duly authorized by the
commissioner. Service may be made either in the manner provided by law for service of process
in civil actions or by certifying and mailing a copy of the statement to the person affected
by the statement, notice, or order or other process at his or her or its...
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34-11-2
Section 34-11-2 Practice of engineering and land surveying regulated. (a) A person in either
public or private capacity may not practice or offer to practice engineering or land surveying,
unless he or she shall first have submitted evidence that he or she is qualified so to practice
and shall be licensed by the board as hereinafter provided or unless he or she is specifically
exempted from licensure under this chapter. (b) Except as otherwise provided in this chapter,
all engineering design of buildings, structures, products, machines, processes, and systems
that can affect health, life, safety, welfare, and property shall be conducted under the responsible
charge of a licensed professional engineer. (c) In order to safeguard health, life, safety,
welfare, and property, the practice of engineering in this state is a learned profession to
be practiced and regulated as such, and its practitioners in this state shall be held accountable
to the state and members of the public by high...
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36-25-1
Section 36-25-1 Definitions. Whenever used in this chapter, the following words and terms shall
have the following meanings: (1) BUSINESS. Any corporation, partnership, proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual, or any other legal
entity. (2) BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business of which the person
or a member of his or her family is an officer, owner, partner, board of director member,
employee, or holder of more than five percent of the fair market value of the business. (3)
CANDIDATE. This term as used in this chapter shall have the same meaning ascribed to it in
Section 17-5-2. (4) COMMISSION. The State Ethics Commission. (5) COMPLAINT. Written allegation
or allegations that a violation of this chapter has occurred. (6) COMPLAINANT. A person who
alleges a violation or violations of this chapter by filing a complaint against a respondent.
(7) CONFIDENTIAL INFORMATION. A complaint filed pursuant to this...
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45-17A-82.09
Section 45-17A-82.09 Disciplinary action. (a) The mayor or the head of the department may discipline
any employee pursuant to this part and the rules and regulations adopted by the city council
to implement this part. If a disciplinary action involves suspension without pay, demotion,
or dismissal, the mayor shall submit a written notice of the proposed action to the board
for regular status employees and to the city council for department heads and to the employee
giving the reason or reasons for the proposed action. The notice shall state the reasons for
the proposed disciplinary action of suspension without pay, demotion, or dismissal, shall
contain a short and plain statement of the facts showing the reasons for the proposed disciplinary
action, and shall inform the regular status employee that he or she has 10 days to request,
in writing, a pre-disciplinary hearing before the mayor. If the regular status employee fails
to request a pre-disciplinary hearing within 10 days from...
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8-19-9
Section 8-19-9 Discovery of information. Before any action is commenced, the Attorney General
or the district attorneys may issue subpoenas to any person to appear and produce relevant
papers, documents, and physical evidence, and administer an oath or affirmation to any person,
in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas
shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon
failure of a person without lawful excuse to obey such subpoena, the Attorney General or district
attorney may apply to a court of competent jurisdiction for an order compelling compliance.
After an action is commenced, discovery may proceed in accordance with the Alabama Rules of
Civil Procedure. (Acts 1981, No. 81-355, p. 510, ยง9.)...
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