Code of Alabama

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8-6-18
Section 8-6-18 Criminal penalties for violations of article; enforcement; scienter. (a) A person
who willfully violates Section 8-6-3 or Section 8-6-4, upon conviction, shall be guilty of
a Class C felony. A person that willfully violates subsection (a), (b), or (c) of Section
8-6-17, upon conviction, shall be guilty of a Class B felony. The limitations period for any
prosecution under this section does not commence or begin to accrue until the discovery of
the facts constituting the deception, after which the prosecution shall be commenced within
five years. (b) A person who willfully violates any provision of this chapter, other than
those noted in subsection (a), or a rule adopted or order issued under this chapter, upon
conviction, shall be guilty of a Class A misdemeanor. (c) The enforcement of the provisions
of this article shall be vested in the commission. It shall be the duty of the commission
to see that its provisions are at all times obeyed and to take such measures and to...
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8-6-51
Section 8-6-51 Membership; qualifications and appointment of commissioners; use or disclosure
of confidential information by commissioners, employees, etc.; civil liability of commissioners.
(a) The Securities Commission shall consist of the Attorney General of Alabama, the State
Superintendent of Banks, the State Superintendent of Insurance and four other members appointed
by the Governor by and with the advice and consent of the Senate. Two appointed members shall
be members of the Alabama Bar Association appointed from a list of three nominees for each
position submitted by the bar association, and the other two appointed members shall be certified
public accountants appointed from a list of three nominees for each position submitted by
the Alabama Society of Certified Public Accountants. The membership of the commission shall
be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity
of the state. (b) No person may be appointed to or by the...
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8-6-2
Section 8-6-2 Definitions. When used in this article, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION or SECURITIES COMMISSION. The securities commission. (2) AGENT. Any individual
other than a dealer who represents a dealer or issuer in effecting or attempting to effect
sales of securities, but such term does not include an individual who represents an issuer
in: a. Effecting a transaction in a security exempted by subdivisions (1), (2), (3), (4),
(9) or (10) of Section 8-6-10; b. Effecting transactions exempted by Section 8-6-11; or c.
Effecting transactions with existing employees, partners, or directors of the issuer if no
commission or other remuneration is paid or given directly or indirectly for soliciting any
person in this state. A partner, officer, or director of a dealer or issuer is an agent if
he otherwise comes within this definition. (3) DEALER. Any person engaged in the...
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8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to any of
the following transactions: (1) Any isolated nonissuer transaction, whether effected through
a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section 12
of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
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45-2-120.09
Section 45-2-120.09 Appeals from disciplinary actions. (a) A classified employee shall have
the right to appeal any disciplinary action taken against him or her. An employee on probationary
status shall not have that right unless the employee had permanent status in some other position
at the time of appointment to the probationary position. An employee desiring to appeal any
disciplinary action directed against him or her shall first exhaust any administrative remedy
as provided by policy of the commission. Upon exhausting any administrative remedy, the employee
shall then file his or her appeal in writing with the personnel director within seven calendar
days of the last final administrative action on the disciplinary action, and shall request
a hearing before the personnel appeals board. Within seven calendar days after the receipt
of the appeal, the personnel director shall file with the chair of the board and mail to the
employee by certified mail a statement specifying the...
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45-5-120
Section 45-5-120 Merit system; board; violations. (a) This section shall apply only in Blount
County, Alabama. (b) As used in this section, unless the context clearly requires a different
meaning: (1) "County" means Blount County; (2) "Municipality" means any
municipality in Blount County; (3) "Employee" means any person, including law enforcement
officers, not excepted by subsection (c), who is employed in the service of Blount County
or any municipality of Blount County or any board, agency, or instrumentality thereof; (4)
"Merit employee" means any such employee who shall have completed one year of probationary
employment; (5) "Board" means the merit system board created by this section; (6)
"Appointment authority" means in the case of employees in the offices of the elected
officials of the county or of a municipality, such elected officials, and means, in the case
of all other county or municipal employees, the county or municipal governing body, or the
board or other agency...
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22-11A-38
Section 22-11A-38 Notification of third parties of disease; rules; who may be notified; liability;
confidentiality; disclosure of information for certain criminal proceedings; penalty. (a)
The State Committee of Public Health is hereby authorized to establish the rules by which
exceptions may be made to the confidentiality provisions of this article and establish rules
for notification of third parties of such disease when exposure is indicated or a threat to
the health and welfare of others. All notifications authorized by this section shall be within
the rules established pursuant to this subsection. (b) Physicians and hospital administrators
or their designee may notify pre-hospital transport agencies and emergency medical personnel
of a patient's contagious condition. In case of a death in which there was a known contagious
disease, the physician or hospital administrator or their designee may notify the funeral
home director. (c) The attending physician or the State Health Officer...
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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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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...
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34-21-25
Section 34-21-25 Denial, suspension, or revocation of license; administrative fines; voluntary
disciplinary alternative program. (a) For disciplinary purposes, the board may adopt, levy,
and collect administrative fines not to exceed one thousand dollars ($1,000) per violation
and may institute any legal proceedings necessary to effect compliance with this chapter against
its licensees. (b)(1) The board may also deny, revoke, or suspend any license issued by it
or otherwise discipline a licensee, or holder of a multistate privilege to practice in Alabama,
upon proof of any of the following regarding the licensee: a. Is guilty of fraud or deceit
in procuring or attempting to procure a license. b. Has been convicted of a felony. c. Is
guilty of a crime involving moral turpitude or of gross immorality that would tend to bring
reproach upon the nursing profession. d. Is unfit or incompetent due to the use of alcohol,
or is addicted to the use of habit-forming drugs to such an extent as to...
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