28-11-9
Section 28-11-9 Suspension or revocation of permit; hearing commission; fines. (a) Subject
to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have
full and final authority as to the suspension or revocation for cause of any permit issued
pursuant to this chapter. (1) The board may appoint a hearing commission of at least three
persons which may do all of the following: a. Hear and decide all contested applications for
permits. b. Hear and decide all charges against any permit holder or employee of a permit
holder for violations of this chapter, the law, or the rules of the board. c. Revoke or suspend
permits as provided in this chapter. d. Levy administrative fines upon permit holders or employees
of permit holders. (2) No member of the hearing commission shall participate in the hearing
or disposition of any application for a permit or charge against a permit holder or an employee
of a permit holder if he or she has an interest therein or was involved...
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30-5A-5
Section 30-5A-5 Lack of knowledge by defendant of order. Lack of knowledge by the defendant
of the order which was violated shall be an affirmative defense to conviction for violating
this chapter at trial only, but shall not affect the determination of the arresting officer
in deciding to arrest. Nothing in this section shall change the burden of proof required in
a criminal prosecution. (Acts 1993, No. 93-325, p. 495, §5.)...
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32-6-7.5
Section 32-6-7.5 Disciplinary point system - Determination; hearing. (a) The Alabama Department
of Public Safety shall be the final arbiter as to the date of eligibility of a student based
on accumulated points. (b) If the department refuses to issue a permit or license, the student
shall have a right to an impartial hearing before the Director of Public Safety or his or
her designee. At the hearing, the student shall have the right to be represented by counsel
and to present witnesses. The student may appeal within 14 days from the date of an adverse
decision to the district court of his or her residence for a trial de novo. (c) All records
and decisions of the department pursuant to Act 2009-713 shall be confidential, and no action
taken by the school and the department shall be used for purposes of affecting the insurance
of the student or his or her parent. (d) The requirements of this section are in addition
to the requirements of Sections 32-6-7.2 and 32-6-8. (Act 2009-713, p....
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5-6A-2
Section 5-6A-2 Oath of directors. Every such director shall, within 30 days after his election,
take and subscribe, in duplicate, an oath that he will diligently and honestly perform his
duties as such director, not knowingly violate or permit to be violated any provision of the
banking law of this state and that he is the owner in good faith of the shares of stock of
the bank or company required to qualify him for such office, standing in his own name on its
books. A copy of such oath shall be forthwith filed with the Superintendent of Banks. No director
shall perform the duties of his office until such oath is made, and in case a director fails
to make such oath, his place on the board shall be declared vacant and his successor elected
as prescribed by the bylaws of the bank, such successor being required to have the same qualifications
and take the same oath as provided by this chapter. (Acts 1980, No. 80-658, §5-6-2.)...
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23-1-5
Section 23-1-5 Payment of costs of relocation of utility facilities necessitated by construction
of highways. (a) Whenever the Director of Transportation shall determine and order that the
relocation of any utility facility is necessitated by the construction of any project on the
national system of interstate and defense highways, including the extensions thereof within
urban areas, the utility owning or operating the utility facility shall relocate the facility
in accordance with the order of the Director of Transportation. Notwithstanding the foregoing,
if the cost of the utility facility relocation is eligible and approved for reimbursement
by the federal government, the cost of the relocation of the utility facility shall be paid
by the state as a part of the cost of the construction of the project out of the funds then
or thereafter available for the highway construction after the utility has furnished the Director
of Transportation with all papers, records, or other supporting...
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32-5A-300
Section 32-5A-300 Determinations requiring suspension of driving privileges by director; basis
for, and finality of, determination; relationship to disposition of criminal charges. (a)
The director, or his or her agent, shall suspend the driving privilege of any person upon
a determination that the person drove or was in actual physical control of a motor vehicle
while the amount of alcohol in the blood of the person was above the legal limit. (b) The
director, or his or her agent, shall suspend the driving privilege of any person upon a determination
that the person refused a test to determine the amount of alcohol in the blood of the person
as provided in Section 32-5-192. (c) The director, or his or her agent, shall make a determination
pursuant to subsections (a) and (b) based on the report of a law enforcement officer required
in Section 32-5A-301, and this determination shall be final unless an administrative review
is requested under Section 32-5A-306 or a hearing is held under...
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32-7-28
Section 32-7-28 Owner may give proof for others. Whenever any person required to give proof
of financial responsibility under this chapter is or later becomes an operator in the employ
of any owner, or is or later becomes a member of the immediate family or household of the
owner, the director shall accept proof given by such owner in lieu of proof by such other
person to permit such other person to operate a motor vehicle for which the owner has given
proof as herein provided. The director shall designate the restrictions imposed by this section
on the face of such person's license. (Acts 1951, No. 704, p. 1224, §26.)...
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40-13-80
Section 40-13-80 (Repealed effective August 1, 2019) Legislative findings. The Legislature
makes the following findings: (1) The Legislature understands the need to properly fund state
agencies in order to match federal funds for enforcement programs. (2) The Surface Mining
Commission is the delegated agency in this state authorized to enforce the federal Office
of Surface Mining (OSM) programs, with a 50 percent match required in order to access federal
funds. (3) Due to very limited General Fund monies available, along with numerous mining companies
going out of business over the last eight years which has reduced permit fees and other monies
paid to the Surface Mining Commission, there is a need for increased funding from other sources
in addition to permit fee increases. (Act 2017-369, §1.)...
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9-16-77
Section 9-16-77 Division of Hearings and Appeals. (a) There is created a Division of Hearings
and Appeals within the Alabama Surface Mining Commission to enforce this article. The division
shall have such powers and authority as required by law and as delegated by the director.
(b) The commission may hire or contract with hearing officers to hear and determine appeals
from regulatory, enforcement, or other activities of the commission. A hearing officer shall
be a member of and in good standing with the Alabama State Bar. (c) No person shall serve
as a hearing officer who has any direct or indirect financial interest in an underground or
surface coal mining operation or who has been employed by or represented any coal mine operator
within the previous 24 months. (Acts 1981, No. 81-435, p. 682, §8; Act 2010-498, p. 768,
§1.)...
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19-3B-111
Section 19-3B-111 Nonjudicial settlement agreements. (a) For purposes of this section, "interested
persons" means persons whose consent would be required in order to achieve a binding
settlement were the settlement to be approved by the court. (b) Except as otherwise provided
in subsection (c), interested persons may enter into a binding nonjudicial settlement agreement
with respect to any matter involving a trust. (c) A nonjudicial settlement agreement is valid
only to the extent it does not violate a material purpose of the trust and includes terms
and conditions that could be properly approved by the court under this chapter or other applicable
law. (d) Matters that may be resolved by a nonjudicial settlement agreement include: (1) the
interpretation or construction of the terms of the trust; (2) the approval of a trustee's
report or accounting; (3) direction to a trustee to refrain from performing a particular act
or the grant to a trustee of any necessary or desirable power; (4)...
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