34-19-14
Section 34-19-14 State Board of Midwifery - Powers and duties; scope of licensed practice of midwifery. (a) The board shall do all of the following consistent with this chapter: (1) Approve, renew, suspend, or revoke licenses for the practice of midwifery. (2) Investigate and conduct hearings regarding complaints against a licensed midwife in order to determine if disciplinary action is warranted. (3) Establish reasonable licensure fees, including, but not limited to, initial application, renewal, and reinstatement fees. (4) Develop standardized forms including, but not limited to, a midwife disclosure form, informed consent form, emergency care form, and applications for licensure and renewal. (5) Impose administrative fines, not to exceed one thousand dollars ($1,000) per violation, for violating this chapter, a board rule, or a condition of a license. (6) Establish levels of professional liability insurance that must be maintained by a licensed midwife at a limit of no less than one...
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7-5-116
Section 7-5-116 Choice of law and forum. (a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in Section 7-5-104 or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction. (b) Unless subsection (a) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one address is indicated, the person is considered to be located at the address from which the person's undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of...
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9-13-10.2
Section 9-13-10.2 Rulemaking authority; violations; enforement. (a)(1) The State Forestry Commission may adopt, alter, amend, or repeal rules governing the preservation, protection, and use of state forests and any other lands owned, leased, or otherwise controlled by the commission. (2) Any person who violates a rule adopted pursuant to this section shall be guilty of a Class C misdemeanor and shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each offense, and may be required to pay all costs of the proceedings. (3) When collected, all fines shall be paid to the Office of the State Forester to be delivered to the State Treasurer and placed in the Alabama Forestry Commission Fund. (b) The State Forester and any employee of the State Forestry Commission so designated by the State Forester shall have and is vested with the authority to prefer charges and issue a citation against a person for violating a rule adopted pursuant to this section or...
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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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34-22-8
Section 34-22-8 Disciplinary action; charges; hearing; judicial procedure; appeals; sanctions; immunity of board, etc., from suit. (a) Any person, including a licensed optometrist may initiate a charge of violation of the provisions of this chapter or a charge of misconduct by a licensed optometrist by filing with the secretary of the board a written statement under oath of the charge or charges against the accused. If a member of the board files a charge, the member shall not participate in the hearing or disposition of the charge, except to the extent of giving testimony in connection with the charge. The member filing the charge shall not be present during the hearing or deliberation of the charge except to give testimony. A discreet preliminary investigation into the charge or charges shall be made by the board, after which, if the board is reasonably satisfied that the charge or charges are not frivolous, the board shall hear the charge or charges under rules of procedure to be...
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34-23-132
Section 34-23-132 Revocation or suspension of registration; probation. The board shall revoke or suspend the registration of a pharmacy technician or place on probation a pharmacy technician for any of, but not limited to, the following reasons: (1) Willful violation of any provision of this article or the Alabama Uniform Controlled Substances Act. (2) Willful violation of any rule or regulation promulgated in accordance with this article or the Alabama Uniform Controlled Substances Act. (3) Action which threatens the public health, safety, or welfare. (4) Conviction of a felony or misdemeanor involving moral turpitude. (5) Conviction of a felony or misdemeanor involving a drug related offense of a legend drug or controlled substance. (6) Obtaining the pharmacy technician registration by fraudulent means. (7) Violation of the laws regulating the sale or dispensing of narcotics, exempt narcotics, or drugs bearing the label "caution, federal law prohibits dispensing without...
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34-8A-17
Section 34-8A-17 Injunction, mandamus, etc. When it shall appear to the board that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the board in its discretion and in its own name may bring an action in any court of competent jurisdiction to enjoin such acts or practices, and to enforce compliance with this chapter or any rule or order hereunder, regardless of whether criminal proceedings have been or may be instituted. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. (Acts 1979, No. 79-423, p. 649, ยง17.)...
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45-8A-22.13
Section 45-8A-22.13 Removal, suspension, or discharge; appeal; charges; hearings, investigations, and proceedings. (a) The appointing authority can remove, discharge, or demote any civil service employee or grandfathered employee provided that within five days a report in writing of such action is made to the board, giving the reason for such removal, discharge, or demotion. The civil service employee or grandfathered employee shall have 10 days from the time of notification of his or her discharge, removal, or demotion in which to appeal to the board. The board shall thereupon order the charges or complaint to be filed forthwith in writing and shall hold a hearing de novo on such charges. No permanent civil service employee or grandfathered employee, whose probationary period has been served, shall be removed, discharged, or demoted except for some personal misconduct, or fact, rendering his or her further tenure harmful to the public interest, or for some cause affecting or...
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5-18A-17
Section 5-18A-17 Consent orders; civil or criminal penalties; extraordinary circumstances. (a) The supervisor may enter into consent orders at any time with any person to resolve any matter arising under this chapter. A consent order shall be signed by the person to whom it is issued, or a duly authorized representative, and shall indicate agreement to the terms contained therein. A consent order need not constitute an admission by any person that any provision of this chapter, or any rule, regulation, or order promulgated or issued pursuant to this chapter has been violated, nor need it constitute a finding by the supervisor that such person has violated any provision of this chapter or any rule, regulation, or order promulgated or issued hereunder. (b) Notwithstanding the issuance of a consent order, the supervisor may seek civil or criminal penalties or compromise civil penalties concerning matters encompassed by the consent order. (c) In cases involving extraordinary circumstances...
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6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified or recognized by any court of the State of Alabama unless there shall have been compliance with the procedures for certification of the class set forth in this article. (b) As soon as practicable after the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, or as soon as practicable after such assertions in an amended pleading, but in no event prior to the time allowed by law for each party (including, but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim, the court shall hold a conference among all named parties to the action for the purpose of establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P. 16, for any discovery in which the parties may wish to engage...
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