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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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34-32-8
Section 34-32-8 Powers of board generally. The board shall have the following powers: (1) To
adopt and amend all bylaws, rules, and regulations necessary or convenient to administer and
carry out the provisions of this chapter and for the conduct of its affairs and functions
consistent with the Constitution and laws of this state which may be reasonably necessary
for the performance of its duties and the regulation of its proceedings, meetings, records,
examinations, and the conduct thereof, and to adopt and promulgate a code of ethics which
shall be binding upon all persons registered under or subject to this chapter. (2) To affix
its official seal to each numbered certificate issued. (3) To hold hearings, administer oaths,
take and record testimony, to make findings, orders, and determinations which shall be subject
to review by the courts of this state in the manner provided by law from decisions of other
boards and commissions. Upon the failure or refusal of any person to comply...
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5-25-14
Section 5-25-14 Denial, suspension, or revocation of license. (a) The department may suspend
or revoke a license on any ground on which it might refuse to issue an original license, or
for a violation of any provision of this chapter or any rule or regulation issued under this
chapter or for failure of the licensee to pay, within 30 days after it becomes final and nonappealable,
a judgment recovered in any court within this state by a claimant or creditor in an action
arising out of the licensee's business in this state as a mortgage broker. In these actions,
the hearing and appeal procedures provided for in those sections shall be the only procedures
required under this chapter. (b) Notice of the department's intention to enter an order denying
an application for a license under this chapter or of an order suspending or revoking a license
under this chapter shall be given to the applicant or licensee in writing, sent by registered
or certified mail addressed to the principal place of...
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34-24-293
Section 34-24-293 Powers and duties of board. (a) The Board of Medical Examiners shall have
and exercise all powers and duties previously granted to it. The board may make specific rules
and regulations pertaining to the licensure approval, registration, and regulation of assistants
to physicians. The board may also make specific rules and regulations pertaining to approvals,
disapprovals, and withdrawing approvals from physicians to utilize assistants to physicians.
(b) The board may recognize, approve, and disapprove new categories and specialties of assistants
to physicians as they develop in the delivery of health care. (c) The board shall issue certificates
of approval for programs for the education and training of assistants to physicians which
meet board standards. (d) In developing criteria for program approval, the board shall give
consideration to and encourage the utilization of equivalency and proficiency testing and
other mechanisms whereby full credit is given to trainees...
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34-25B-18
Section 34-25B-18 Suspension, revocation, etc., of license; penalties. (a) The board may suspend,
revoke, or refuse to issue or renew any license issued by it upon finding that the holder
or applicant has committed any of the following acts: (1) A violation of this chapter or any
rule promulgated pursuant to this chapter. (2) Fraud, deceit, or misrepresentation regarding
an application or license. (3) Knowingly and willfully making a material misstatement in connection
with an application for a license or renewal. (4) A conviction by a court of competent jurisdiction
of a felony. (5) A conviction by a court of competent jurisdiction of a Class A misdemeanor,
if the board finds that the conviction reflects unfavorably on the fitness of the person for
the license. (6) The commission of any act which would have been cause for refusal to issue
the license or identification card had it existed and been known to the board at the time
of issuance. (b) In addition to, or in lieu of, any other...
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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,...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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2-16-3
Section 2-16-3 Permit required; refusal or revocation of permit; appeal and review. (a) No
person, firm or corporation shall operate a public hatchery, and no chick dealer or jobber
shall operate within this state without first obtaining an annual permit from the state Commissioner
of Agriculture and Industries to so operate. The fee to be paid for such annual permit shall
be established by the Board of Agriculture and Industries not to exceed sixty dollars ($60),
which shall be due and payable on January 1 of each year; and, unless such permit fee is paid
within 30 days, a 15 percent delinquent penalty shall be added. All permit fees, including
delinquent penalty fees, shall be paid into the Agricultural Fund of the State Treasury. The
permit may be revoked for a violation of this article or the regulations promulgated under
this article. (b) Any person who is refused a permit or whose permit is revoked may appeal
from the decision of such commissioner to the State Board of...
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2-2-18
Section 2-2-18 Civil penalties or fines for violations of Chapters 27 and 28; maximum amount;
notice; failure to pay assessed fine or penalty. (a) Notwithstanding the existence of any
other penalty imposed for violations of the provisions of the Alabama Pesticide Act of 1971
as found in Chapter 27 of Title 2, and the regulations promulgated thereunder, and the provisions
of Chapter 28 of Title 2, and the regulations promulgated thereunder, the Commissioner of
Agriculture and Industries may, after a hearing thereon, impose a civil penalty or fine for
violation of said Chapters 27 and 28, or any regulations promulgated thereunder. (b) The maximum
amount of the above civil penalty or fine shall not exceed $10,000.00 for any one offense,
and all incidents or violations committed by a person, firm, association or corporation, arising
from the same transaction, shall constitute but one offense. The State Board of Agriculture
and Industries shall, by duly adopted regulations, provide maximum...
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2-27-62
Section 2-27-62 Penalty for violations of article; injunctions. (a) General penalty. Any person
who shall violate the provisions or requirements of this article, or rules and regulations
promulgated under this article, or who engages in the custom application of pesticides without
having a license therefor or who shall fail or refuse to perform any duty or requirement imposed
by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court,
may also be imprisoned for a term not to exceed six months. (b) Remedy by injunction. In addition
to the penalty prescribed in subsection (a) of this section and notwithstanding the existence
of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction
and for cause shown and upon a hearing to grant a temporary restraining order or a preliminary
or permanent injunction, or all, restraining and...
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