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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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13A-6-161
Section 13A-6-161 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Before the Attorney General
commences any action under this article, the Attorney General 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 article. The 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 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. (Act 2018-506, ยง4.)...
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25-5-226
Section 25-5-226 Solicitation of employment or acceptance of solicited employment by attorneys.
Any attorney who in person solicits employment to collect for a consideration any claim of
any employee for compensation under this chapter, or who solicits for a consideration employment
to defend such claims, or who knowingly accepts such claim after it has been solicited by
some other person, or who employs any other person for the purpose of soliciting or obtaining
such claim or claims shall be guilty of a misdemeanor and, on conviction, may be imprisoned
in the county jail or sentenced to hard labor for the county for not more than 12 months and
must also be fined not more than $500.00. Any attorney convicted under this section must be
removed and disbarred from the practice of law in this state, and the record of his conviction
is conclusive evidence thereof. The commission by any attorney of any of such acts shall also
be a cause for the removal and disbarment of such attorney. (Acts...
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25-8-59
Section 25-8-59 Penalties; notice of violation and opportunity to show cause; hearing. (a)
Any employer who violates this chapter, or who fails or refuses to obey within a reasonable
time any lawful order or direction given by the state officials charged with the enforcement
of this chapter, and any parent, guardian, or custodian who suffers or permits a person under
his or her care or control who is under 19 years of age to work in violation of this chapter,
shall be subject to civil penalties in addition to other penalties provided in this chapter.
(b) The department may impose a civil penalty of three hundred dollars ($300) upon the following
determination: An employer has violated a statutory provision of Section 25-8-35(17), 25-8-36,
25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-41, 25-8-44(a), 25-8-44(b), 25-8-45, 25-8-54, 25-8-57,
25-8-60, or 25-8-61. (c) The department may impose a civil penalty of one thousand dollars
($1,000) to five thousand dollars ($5,000) upon the following...
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27-12-18
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner
believes that any person has been engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice expressly prohibited in this trade
practices law and that a proceeding by him in respect thereto would be to the interest of
the public, he shall issue and serve upon such person a statement of the charges in that respect
and a notice of a hearing thereon to be held at a time and place fixed in the notice, which
shall not be less than 10 days after the date of the service thereof. (b) At the hearing,
such person shall have an opportunity to be heard and to show cause why an order should not
be made by the commissioner requiring such person to cease and desist from the acts, methods,
or practices so complained of. Upon good cause shown, the commissioner shall permit any person
to intervene, appear, and be heard at such hearing by counsel or...
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27-12-21
Section 27-12-21 Proceedings on unfair competition, etc., not defined under chapter - Generally.
(a) Whenever the commissioner has reason to believe that any person engaged in the business
of insurance is engaging in this state in any method of competition, or in any act or practice
in the conduct of such business which is not defined in this trade practices law, that such
method of competition is unfair or that such act or practice is unfair or deceptive and that
a proceeding by him in respect thereto would be to the interest of the public, he may issue
and serve such person a statement of the charges in that respect and a notice of a hearing
thereon to be held at a time and place fixed in the notice, which shall not be less than 10
days after the date of the service thereof. Each such hearing shall be conducted in the same
manner as the hearings provided for in Section 27-12-18. The commissioner shall, after such
hearing, make a report in writing in which he shall state his findings...
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31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
If a civil or criminal action shall be commenced in any court by any person against any member
of the National Guard of this state for any act or omission alleged to have been committed
by such member while on any duty under this chapter, or against any member acting under the
authority or order of any officer or by virtue of any warrant issued pursuant to law, the
Adjutant General shall investigate the allegation, and upon determination by the Adjutant
General that such person acted reasonably or in the line of duty, the Governor shall appoint
counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant.
The cost and expense of any such defense shall be paid out of the regular or special appropriations
for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or...
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34-1-20
Section 34-1-20 Evidence of unlawful practice. The display or uttering by a person of a card,
sign, advertisement, or other printed, engraved, or written instrument or device, bearing
a person's name in conjunction with the words "certified public accountant" or any
abbreviation thereof, or "public accountant" or any abbreviation thereof, shall
be prima facie evidence in any action brought under Section 34-1-18 or 34-1-19 that the person
whose name is so displayed caused or procured the display or uttering of such card, sign,
advertisement, or other printed, engraved, or written instrument or device, and that such
person is holding himself out to be a certified public accountant or a public accountant holding
a permit to practice under Section 34-1-11, or practicing pursuant to Section 34-1-7. In any
such action, evidence of the commission of a single act prohibited by this chapter shall be
sufficient to justify an injunction or a conviction without evidence of a general course of...
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34-24-194
Section 34-24-194 Complaint charging violation of article; hearing; subpoenas; judicial review
of revocation or refusal of license. (a) Any person may file a complaint with the board against
any licensed physical therapist or licensed physical therapist assistant in the state charging
the person with a violation of this article. The complaint shall set forth specifications
of charges in sufficient detail to disclose to the accused fully and completely the alleged
acts of misconduct for which he or she is charged. When a complaint is filed, the executive
director of the board shall mail a copy thereof to the accused by registered mail at his or
her address of record, with a written notice of the time and place of a hearing of the complaint,
advising the accused that he or she may be present in person and by counsel if he or she so
desires to offer testimony and evidence in his or her defense. (b) The board may issue subpoenas
and compel the attendance of any witness or the production of...
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34-25A-5
Section 34-25A-5 Application for licensure or registration. (a) Except as provided in subsection
(h) or (i), no person shall administer prosthetic, orthotic, or pedorthic care in this state
unless licensed or registered to do so in accordance with this chapter. The board shall issue
approved forms for application prior to January 1, 2003. (b) In order to obtain a license
as a prosthetist, orthotist, or prosthetist/orthotist in this state, an applicant shall be
a citizen of the United States or, if not a citizen of the United States, a person who is
legally present in the United States with appropriate documentation from the federal government,
and shall do the following: (1) File a written application on forms to be developed and approved
by the board. The applicant shall meet at least one of the following requirements after a
one-year grandfather period: a. The applicant shall possess a baccalaureate degree in orthotics
and prosthetics from a college or university accredited by a...
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