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34-27-62
Section 34-27-62 Enforcement and implementation of article; acts constituting misdemeanors;
voidability of sales of unregistered plans, etc. (a) The Alabama Real Estate Commission shall
be responsible for the enforcement and implementation of this article, and the Attorney General
of the State of Alabama, or the district attorney of any county of the State of Alabama upon
request by the commission, shall assist the commission in the enforcement of this article
and the prosecution of violations hereunder. The provisions of this article shall not be construed
to limit in any manner the right of any party to bring a private action to enforce the provisions
of this article. In addition to the administrative enforcement of this article by the commission,
the following shall be Class A misdemeanors triable in the courts of Alabama: (1) It shall
be a Class A misdemeanor for any person, natural or legal, while within the borders of the
State of Alabama, to participate in the sale or attempted...
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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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22-19-143
Section 22-19-143 Immunity of persons complying with article. Any person who acts in good faith
in accord with the terms of this article or with the anatomical gift laws of this state, or
another state, or a foreign country shall not be liable for damages in any civil action or
subject to prosecution in any criminal proceeding for such act. (Acts 1986, No. 86-226, p.
333, §4.)...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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45-21A-10.01
Section 45-21A-10.01 Definitions. As used in this article, the following terms shall have the
following meanings: (1) CITY. The City of Brantley, Alabama. (2) CIVIL FINE. The monetary
amount assessed by the City of Brantley pursuant to this article for an adjudication of civil
liability for a speeding violation, including municipal court costs associated with the infraction.
(3) CIVIL VIOLATION. There is hereby created a non-criminal category of law called a civil
violation created and existing for the sole purpose of carrying out the terms of this article.
The penalty for violation of a civil violation shall be the payment of a civil fine, the enforceability
of which shall be accomplished through civil action. The prosecution of a civil violation
created hereby shall carry reduced evidentiary requirements and burden of proof as set out
in Section 45-21A-10.04, and in no event shall an adjudication of liability for a civil violation
be punishable by a criminal fine or imprisonment. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.01.htm - 3K - Match Info - Similar pages
13A-6-157.1
Section 13A-6-157.1 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. (a) In addition
to any other remedy under this article, if the Attorney General has reason to believe that
any person, corporation, or any other legal entity is engaging in, has engaged in, or is about
to engage in any act or practice declared to be unlawful by this article, the Attorney General
may bring an action in the name of the state in the appropriate state court against the person,
corporation, or entity to restrain by temporary restraining order, or temporary or permanent
injunction, the acts or practices. (b) In addition to any other remedy under this article,
the Attorney General may bring a civil action on behalf of the state in the appropriate state
court to recover actual damages for victims of acts or practices performed in violation of
this article. (c) Venue for any action brought under this section is...
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41-16-86
Section 41-16-86 Violations. (a) A person who knowingly violates this article shall be subject
to civil penalty in an amount of ten thousand dollars ($10,000), or 10 percent of the amount
of the contract, whichever is less, to be deposited in the State General Fund. The statute
of limitations for the acts covered in this article shall be one year. Any action brought
to enforce the provisions of this article shall be initiated by the Attorney General in the
circuit or district court in the county in which the awarding entity is located. (b) If there
is a finding of a knowing violation of this article, the contract or grant shall be voidable
by the awarding entity. (Act 2001-955, 2001 3rd Sp. Sess., p. 815, §7.)...
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8-19A-18
Section 8-19A-18 Civil penalties; recovery of penalties. (a) Any person who engages in any
act or practices that violate this chapter is liable for a civil penalty of up to ten thousand
dollars ($10,000) for each violation. (b) The civil penalty may be recovered by any of the
following: (1) Civil action against the person engaging in the violative act or practice.
(2) Agreement and settlement of a civil action filed by stipulation of terms by the person
engaging in the violative act or practice and the director of the division by authority of
the Attorney General, and by payment of any agreed upon amount by the person against whom
the claim was filed. (3) The settlement of a claim against a person for violation of this
chapter before civil action is filed by agreement upon terms and by the payment of any settlement
amount agreed upon by the person and the director of the division by authority of the Attorney
General. (c) Upon ceasing the violative act or practice and agreeing to desist...
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8-19A-19
Section 8-19A-19 Attorney's fees and costs. (a) In any civil action or investigation resulting
from a transaction involving a violation of this chapter, except as provided in subsection
(c), the division shall receive reasonable attorney's fees and costs from the nonprevailing
party. The amounts appropriated for those purposes in this chapter are in addition to all
monies heretofore and hereafter appropriated in any special or general appropriation act to
the Attorney General's Special Revenue Account which is a revolving fund in which the Attorney
General is authorized to make deposits and withdrawals from time to time so that the account
operates on a revolving basis for expenditure for administration and future civil and criminal
investigation and prosecution, and all balances of revenue, income, and receipts remaining
at the end of the fiscal year shall carry over to the next fiscal year and shall not revert
to the State General Fund or any other fund under Section 41-4-93. (b) Any...
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2-25-19.1
Section 2-25-19.1 Penalties, temporary restraining orders or injunctions for violations issued
without bond; form of action; approval of Attorney General; assistance of district attorneys
or their deputies. In addition to any other penalties provided hereunder, the commissioner
may apply for, and the circuit court shall grant a temporary restraining order, or temporary,
or permanent injunction or both, restraining any person from violating or from continuing
to violate any provisions of this article or any rules or regulations promulgated under this
article, notwithstanding the existence of other remedies at law. Any such restraining orders
or injunctions shall be issued without bond. Said action shall be brought in the name of the
State of Alabama upon the relation of the Attorney General and with his approval and such
officer shall, upon his request, be assisted by the district attorney or deputy district attorney
of the judicial circuit in which injunctive proceedings are filed....
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