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40-10-79
Section 40-10-79 Recitation of fact of purchase deemed prima facie evidence. When an action
is brought to recover possession of lands by either the state, its assignee or by purchaser
other than the state, or his assignee as provided by Sections 40-10-73 and 40-10-74, the complainant
shall recite the fact of the tax sale and purchase, and the certificate of purchase, and the
same shall prima facie be sufficient to entitle the complainant to judgment, and the burden
shall be on the respondent to show that the complainant is not entitled to recover. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, ยง292.)...
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5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
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13A-6-143
Section 13A-6-143 Arrest for violation of article. A law enforcement officer may arrest any
person for the violation of this article if the officer has probable cause to believe that
the person has violated any provision of a valid domestic violence protection order, whether
temporary or permanent. The presentation of a domestic violence protection order constitutes
probable cause for an officer to believe that a valid order exists. For purposes of this article,
the domestic violence protection order may be inscribed on a tangible copy or may be stored
in an electronic or other medium if it is retrievable in a detectable form. Presentation of
a certified copy of the domestic violence protection order is not required for enforcement
or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence
protection order is not presented to or otherwise confirmed by a law enforcement officer,
the officer may consider other information in determining whether there is...
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34-23-92
Section 34-23-92 Powers and duties generally. The board shall exercise, subject to this chapter,
the following powers and duties: (1) To adopt rules concerning the records and reports to
be kept and made by a pharmacy relating to the filling of prescriptions and the handling and
preservation of drugs. (2) To fix standards and requirements for licenses and permits except
as otherwise specified in this chapter. (3) To make rules and regulations regarding sanitation
consistent with state health regulations. (4) To employ such chemists, agents, clerical help,
and attorneys necessary for the proper administration of the duties of the board. (5) To employ
a Chief Drug Investigator and such other drug investigators that it deems necessary to enforce
this chapter which are under the supervision of the board. (6) To adopt rules and regulations
for the administration and enforcement of this chapter and not inconsistent herewith. Such
rules and regulations shall be referenced to the section or...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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36-25-27
Section 36-25-27 Penalties; enforcement; jurisdiction, venue, judicial review; limitations
period. (a)(1) Except as otherwise provided, any person subject to this chapter who intentionally
violates any provision of this chapter other than those for which a separate penalty is provided
for in this section shall, upon conviction, be guilty of a Class B felony. (2) Any person
subject to this chapter who violates any provision of this chapter other than those for which
a separate penalty is provided for in this section shall, upon conviction, be guilty of a
Class A misdemeanor. (3) Any person subject to this chapter who knowingly violates any disclosure
requirement of this chapter shall, upon conviction, be guilty of a Class A misdemeanor. (4)
Any person who knowingly makes or transmits a false report or complaint pursuant to this chapter
shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable for the actual
legal expenses incurred by the respondent against whom the...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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27-29-3.1
Section 27-29-3.1 Acquisition involving change in control of insurer authorized to do business
in Alabama; pre-acquisition notification; violation of competitive standards. (a) The following
definitions shall apply for the purposes of this section only: (1) ACQUISITION. Any agreement
or arrangement the consummation of which results in a person acquiring directly or indirectly
the control of another person, and includes, but is not limited to, the acquisition of voting
securities, the acquisition of assets, bulk reinsurance, and mergers. (2) INVOLVED INSURER.
Includes an insurer which either acquires or is acquired, is affiliated with an acquirer or
acquired, or is the result of a merger. (b)(1) Except as exempted in subdivision (2), this
section applies to any acquisition in which there is a change in control of an insurer authorized
to do business in this state. (2) This section shall not apply to the following: a. A purchase
of securities solely for investment purposes so long as the...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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