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34-27-37
Section 34-27-37 Disciplinary action - Procedure in action. (a) An action against an accused
shall begin by serving the accused either personally or by certified mail with a copy of the
formal complaint against him or her. The accused shall be given at least 15 days' notice of
the time, date, and place of hearing. If the commission refuses to license an applicant, notice
of the refusal shall be given to the applicant, and he or she may, within 15 days after delivery
of the notice, file a request for a hearing. The applicant or accused shall have an opportunity
to be heard in person or by counsel, to offer testimony in his or her behalf, and to examine
witnesses. Hearings shall be held in Montgomery County unless the commission decides to hold
the hearing in the county in which the applicant or accused resides, maintains his or her
principal place of business, or any other county in which the commission has scheduled a meeting.
At hearings, all witnesses shall be sworn by a member of...
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8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive
relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or
who would suffer injury from any threatened violation, of this chapter may maintain an action
in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened
violation. If in such action a violation or threatened violation of this chapter shall be
established, the court shall enjoin and restrain, or otherwise prohibit, such violation or
threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff
and against the defendant the costs of suit, including reasonable attorney's fees. In such
action it shall not be necessary that actual damages to the plaintiff be alleged or proved,
but where alleged and proved, the plaintiff in said action, in addition to such injunctive
relief and cost of suit, including reasonable attorney's fees, shall...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a)
An officer may arrest a person without a warrant, on any day and at any time in any of the
following instances: (1) If a public offense has been committed or a breach of the peace threatened
in the presence of the officer. (2) When a felony has been committed, though not in the presence
of the officer, by the person arrested. (3) When a felony has been committed and the officer
has probable cause to believe that the person arrested committed the felony. (4) When the
officer has probable cause to believe that the person arrested has committed a felony, although
it may afterwards appear that a felony had not in fact been committed. (5) When a charge has
been made, upon probable cause, that the person arrested has committed a felony. (6) When
the officer has actual knowledge that a warrant for the person's arrest for the commission
of a felony or misdemeanor has been issued, provided the warrant was...
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18-1A-232
Section 18-1A-232 Award of litigation expenses. (a) The court shall award the defendant his
litigation expenses, in addition to any other amounts authorized by law, if the action is
wholly or partly dismissed for any reason. (b) If the scope of the property to be taken is
reduced as the result of (1) a partial dismissal, (2) a dismissal of one or more plaintiffs,
or (3) a final judgment determining that the plaintiff cannot take part of the property originally
sought to be taken, the court shall award the defendant the portion of his litigation expenses
attributable to the property within the scope of the reduction. (c) Costs and litigation expenses
authorized by this section may be claimed, taxed, and awarded under the same procedures that
apply to costs in other civil actions. (Acts 1985, No. 85-548, p. 802, ยง1303.)...
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34-27-38
Section 34-27-38 Disciplinary action - Appeals. (a) Findings of the commission are final unless
within 30 days after the date of the commission's final order, the applicant or accused files
a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her
residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit
court of the county of registration or the county in which the corporation has its principal
place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with
the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal
after the clerk has approved the appellant's bond. (b) An appeal does not act as supersedeas,
but the decision of the commission may be stayed by the court pending such appeal. (c) The
commission shall within 30 days of service of the notice of appeal, or within such additional
time as the court may allow, file the record in the case with the...
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40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. THIS SECTION WAS AMENDED
BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE THE AMENDED
VERSION, SEE THE VERSION LABELED PENDING. When the action is against the person for whom the
taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee,
vendee or mortgagee, the court shall, on motion of the defendant made at any time before the
trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the
taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject
to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located
within an urban renewal or urban redevelopment project area designated pursuant to Chapters
2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss
coverage on insurable structures and the value of all permanent improvements...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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6-5-486
Section 6-5-486 Optional method of payment of judgments in excess of $100,000. Where a plaintiff
recovers a judgment from a physician, dentist, or medical institution, as defined in Section
6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the
court, in its discretion, may order that: (1) There shall be deducted from the award, and
paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as
his attorney's fee. (2) The remainder of the award shall be paid to the plaintiff in monthly
installments in an amount calculated to provide the plaintiff a lifetime income. (3) If the
plaintiff should die before payment of all of said award, the same income shall be paid to
the beneficiary of the plaintiff for the remainder of the payments due. (4) The defendant
file a surety bond with the court in an amount equal to the award remaining after the expenses
referred to in subdivision (1) of this section have been deducted. (Acts...
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6-5-693
Section 6-5-693 Bankruptcy trust information. (a) A plaintiff in an asbestos action need not
comply with Section 6-5-692 if, within 90 days after the plaintiff files an asbestos action,
the plaintiff files all available asbestos trust claims and provides the parties with all
trust claim materials available to the plaintiff or plaintiff's counsel in relation to the
plaintiff's exposure to asbestos. This section does not apply if the plaintiff complies with
Section 6-5-692. (b) A plaintiff has a continuing duty to supplement the information and materials
provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust
claim, receives additional information or materials related to an asbestos trust claim, or
files an additional trust claim. (c) Not less than 60 days before trial, if a defendant presents
evidence that the plaintiff has not filed all available asbestos trust claims, as required
under subsection (a), the defendant may move the court for an order...
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