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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not
exceed $5,000.00 for each violation. Each day of continuing violation may be deemed a separate
violation for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-5.htm - 16K - Match Info - Similar pages
9-16-93
Section 9-16-93 Violations; inspection by authority; remedial actions; hearing; action
by Attorney General. (a) Whenever, on the basis of any information available to it, including
receipt of information from any person, the regulatory authority has reason to believe that
any person is in violation of any requirement of this article or any permit condition required
by this article, the regulatory authority shall immediately order an inspection of the surface
coal mining operation at which the alleged violation is occurring unless the same information
is available to the regulatory authority as a result of a previous inspection. When the inspection
results from information provided to the regulatory authority by any person, the regulatory
authority shall notify such person when the inspection is proposed to be carried out and such
person shall be allowed to accompany the inspector during the inspection. The regulatory authority
shall consult with all state and federal agencies charged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-93.htm - 9K - Match Info - Similar pages
8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a)
Any person who: (1) Sells or offers to sell a security in violation of any provision of this
article or of any rule or order imposed under this article or of any condition imposed under
this article, or (2) Sells or offers to sell a security by means of any untrue statement of
a material fact or any omission to state a material fact necessary in order to make the statements
made, in the light of the circumstances under which they are made, not misleading, the buyer
not knowing of the untruth or omission, and who does not sustain the burden of proof that
he did not know and in the exercise of reasonable care could not have known of the untruth
or omission, is liable to the person buying the security from him who may bring an action
to recover the consideration paid for the security, together with interest at six percent
per year from the date of payment, court costs and reasonable attorneys' fees,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-19.htm - 8K - Match Info - Similar pages
40-12-264
Section 40-12-264 Time limit for purchase of tags or plates; dealer plates; manufacturer
plates. (a) Any person, including a motor vehicle dealer, acquiring a new or used motor vehicle
may be granted a grace period of 20 calendar days from date of acquisition to procure a license
tag or plate. (b) Notwithstanding Section 32-6-65, a new or used motor vehicle dealer
who has a current regulatory license required under this article and a dealer license as required
by Section 40-12-51 or Section 40-12-169 may purchase dealer license plates
from the department upon presentation of the current licenses and payment of the fee for a
private passenger automobile as provided in subdivision (1) of subsection (a) of Section
40-12-242 and subsection (a) of Section 40-12-273 per dealer plate. An additional two
dollar ($2) issuance fee shall also be collected by the department. A new or used motor vehicle
dealer that has a current regulatory license required under this article and a dealer license
as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-264.htm - 10K - Match Info - Similar pages
37-15-10.2
Section 37-15-10.2 Violations; complaints; dispute and hearing; judicial review. (a)
Any person who violates this chapter may be reported to the authority for the alleged violation.
(b) The board shall develop and implement a process for the receipt of a complaint of a violation
of this chapter. The complaint must be made no later than 30 days after the known occurrence
of the violation. A complaint may be filed as information only and designated not to be pursued
under the enforcement provisions. (c) Upon receipt of a complaint of a violation of this chapter,
the administrator, operating on behalf of the authority, shall provide notice to the reported
violator advising that a complaint of violation has been made setting out the time and place
of the alleged violation, the identity of who reported the violation, his or her right to
file a written response within 14 days, and his or her right to appeal from an adverse decision.
(d) The administrator, acting on behalf of the authority,...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-74.htm - 8K - Match Info - Similar pages
25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a)
Generally. The contributions, interest, and penalties required to be paid under this chapter
shall be a first and prior lien upon all property and rights to property, real or personal,
of any employer subject to this chapter. The lien shall arise at the time the contribution
report, or the payment of the contributions, as the case may be, was due to have been filed
with or made to the Department of Labor. The secretary may file in the office of the judge
of probate of any county in this state a certificate which shall show the name of the department
for which it is filed, the amount and nature of the contributions, interest, and penalties
for which a lien is claimed together with any costs that may have accrued, the name of the
employer against whose property a lien for such contributions, interest, and penalties is
claimed and the date thereof. An error in the certificate of the amount shall not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-134.htm - 18K - Match Info - Similar pages
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;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-1.1.htm - 43K - Match Info - Similar pages
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