Code of Alabama

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9-16-105
Section 9-16-105 Constitutionality and validity of article. (a) If Public Law 95-87,
or any rule or regulation promulgated thereunder or any part of such Public Law 95-87, is
adjudged unconstitutional or invalid for any reason, then such provisions of this article,
or such rules or regulations as were adopted in order to comply with the provisions of Public
Law 95-87 which correspond to such constitutional or invalid provisions shall become void
and be of no further force and effect, and any regulations adopted by the commission implementing
such provisions, or corresponding to any federal rules or regulations which are declared unconstitutional
or invalid shall become void and be of no further force or effect. In the event Public Law
95-87 or any part thereof or any rule or regulation promulgated thereunder is enjoined, suspended
or the enforcement thereof is stayed pending litigation, then the commission shall immediately
suspend the enforcement of the corresponding section or...
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9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers
conferred on it by law, the commission shall have the power to do all of the following: (1)
Adopt, amend, suspend, repeal, and enforce reasonably necessary rules and regulations, provided
such rules and regulations shall not be more stringent than those promulgated by federal law,
or rule or regulation, to control surface coal mining operations consistent with this article
including the declaration of public policy and legislative intent contained in Section
9-16-71. Such rules and regulations may be for the state as a whole or may vary from area
to area, as may be appropriate to accomplish the policy and intent of this article and in
order to take into account varying local conditions. (2) Hold public hearings as may be specified
by law relating to any aspect or matter in the administration of this article and, in connection
therewith, administer oaths and compel the attendance of witnesses and the...
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9-16-71
Section 9-16-71 Declaration of public policy and legislative intent; all land surface
mined under this article shall be reclaimed. (a) The objective of this article is to provide
for the safe, responsible and reasonable reclamation of lands upon which surface disturbances
will be created by surface mining and the surface effects of underground mining so as to protect
the taxable value of property and preserve natural resources within the state and protect
and promote the health and safety of the people of this state, consistent with the protection
of property and with maximum employment and the economic and industrial well-being of the
state. The Legislature finds and declares that the extraction of coal by surface mining provides
a major present and future source of energy and is an essential and necessary activity which
contributes to the economic and material well-being of the state. (b) The Legislature finds
that the unregulated or irresponsible surface mining of coal may cause...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by
Attorney General in legal actions. In addition to any other powers and functions which may
be conferred upon it by law, the department is authorized beginning October 1, 1982 to: (1)
Administer appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting,
regulatory and enforcement functions; administer and enforce the provisions and execute the
functions of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of
this title; Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this
title; Sections 22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections
22-36-1 through 22-36-10. (2) Acting through the Environmental Management Commission, promulgate
rules, regulations, and standards in order to carry out the provisions and intent of this
chapter; provided, however, that prior to the promulgation of any state primary or...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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22-50-11
Section 22-50-11 Department - Additional and cumulative powers. The Department of Mental
Health is given hereby the following additional and cumulative powers through its commissioner:
(1) It is authorized and directed to set up state plans for the purpose of controlling and
treating any and all forms of mental and emotional illness and any and all forms of mental
retardation and shall divide the state into regions, districts, areas or zones, which need
not be geographic areas, but shall be areas for the purpose of establishing priorities and
programs and for organizational and administrative purposes in accordance with these state
plans. (2) It is designated and authorized to supervise, coordinate, and establish standards
for all operations and activities of the state related to mental health and the providing
of mental health services; and it is authorized to receive and administer any funds available
from any source for the purpose of acquiring building sites for, constructing,...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus
Lines Insurance Multi-State Compliance Compact Act is enacted into law and entered into with
all jurisdictions mutually adopting the compact in the form substantially as follows: PREAMBLE
WHEREAS, with regard to Non-Admitted Insurance policies with risk exposures located in multiple
states, the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted
and Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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11-49B-7
Section 11-49B-7 Powers of authority. The authority shall exercise, subject to this
chapter, the following powers and duties necessary to the discharge of its powers and duties
in corporate form: (1) To have succession by its corporate name for the duration of time,
which may be perpetual, subject to the provisions of Section 11-49B-19 specified in
its certificate of incorporation. (2) To sue and be sued in its own name in civil suits and
actions and to defend suits against it. (3) To adopt and make use of a corporate seal and
to alter the seal at pleasure. (4) To adopt and alter bylaws for the regulation and conduct
of its affairs and business. (5) To acquire, receive, and take, by purchase, gift, lease,
devise, or otherwise, and to hold property of every description, real, personal, or mixed,
whether located in one or more counties or municipalities and whether located within or outside
the authorizing county. (6) To make, enter into, and execute contracts, agreements, leases,
and...
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2-15-196
Section 2-15-196 Penalty for violations of rules and regulations promulgated by state
board. Rules and regulations adopted and promulgated by the State Board of Agriculture and
Industries as authorized under this article for a brucellosis disease program shall have the
force and effect of law, and any person who shall violate any such rule or regulation or who
shall fail or refuse to perform any duty required thereunder shall be guilty of a misdemeanor
and, upon conviction, shall be punished as now prescribed by law for such an offense. (Acts
1961, No. 1036, p. 1621, ยง7.)...
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2-11-38
Section 2-11-38 Proceedings for enforcement of provisions of chapter and rules or regulations
promulgated thereunder generally. (a) It shall be the duty of each district attorney to whom
any violation is reported to cause appropriate proceedings to be instituted and prosecuted
in a court of competent jurisdiction without delay. Before the commissioner reports a violation
for such prosecution, an opportunity shall be given the distributor or other affected person
to present his view to the commissioner. (b) The commissioner is hereby authorized to apply
for and the court to grant a temporary restraining order or permanent injunction restraining
any person from violating or continuing to violate any of the provisions of this article or
any rule or regulation promulgated under this article, notwithstanding the existence of other
remedies at law. Said injunction shall be issued without bond. (c) Nothing in this article
shall be construed as requiring the commissioner to report for...
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