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6-5-708
Section 6-5-708 Accrual of action. This article shall only apply to a cause of action which
accrues after April 24, 2012. Pursuant to this article, a cause of action accrues at the time
of property damage or the occurrence of the personal injury or death that is made the basis
of the civil action. (Act 2012-225, p. 414, §10.)...
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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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11-50-313
Section 11-50-313 Board of directors. (a) Each corporation formed or the certificate of incorporation
of which is amended under this article shall have a board of directors which shall constitute
the governing body of the corporation, which board shall consist of at least three members.
In any Class 4 municipality which has adopted a mayor-council form of government pursuant
to Chapter 43B (commencing with Section 11-43B-1) of this title, any corporation formed pursuant
to this chapter may have a governing body which shall consist of seven members. Any corporation,
located in any Class 5 municipality, which is governed by a local law enacted in the 1995
Regular Session may have a governing body which shall consist of seven members. No fee shall
be paid to any director for services rendered with respect to a sanitary sewer system. In
any instance where the system or systems owned and operated by the corporation are any one
or more of a water system, a gas system, and an electric system,...
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11-50-314
Section 11-50-314 Powers of corporation generally; provisions in mortgages, deeds of trust,
or pledge agreements executed by corporation as to rights of parties thereto, etc. (a) Each
corporation formed or the certificate of incorporation of which is amended under this article
shall have the following powers together with all powers incidental thereto or necessary to
the discharge thereof in corporate form: (1) To have succession by its corporate name for
the duration of time (which may be in perpetuity) specified in its certificate of incorporation
or until dissolved as provided in this article; (2) To sue and be sued and to defend civil
actions against it; (3) To make use of a corporate seal and to alter the same at pleasure;
(4) To acquire, purchase, construct, operate, maintain, enlarge, extend, and improve any system
or systems, the operation of which is provided for in the certificate of incorporation of
such corporation or in any amendment thereto (whether or not such system or...
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22-11A-70
Section 22-11A-70 Promulgation of rules for administration. (a) The State Board of Health may
adopt rules necessary for the administration of this article. The State Board of Health, the
Board of Medical Examiners, the Medical Licensure Commission, the Board of Dental Examiners,
the Board of Nursing, and the Board of Podiatry may each adopt rules governing professional
licensure determinations made under the provisions of this article. (b) The State Board of
Health may institute a civil action in any circuit court in the state to seek an extraordinary
writ compelling compliance with this article or any rule or order promulgated or issued pursuant
to this article. Those civil actions shall have preferred or expedited scheduling and hearing
by the circuit courts. (Acts 1993, 1st Ex. Sess., No. 93-846, p. 57, §11.)...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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6-5-218
Section 6-5-218 Rule of prescription regarding damages arising out of improvements to real
property. (a) No action in tort, contract, or otherwise shall be commenced against any person
performing or furnishing the design, planning, supervision, or observation of construction
or the construction of an improvement to real property more than seven years after the substantial
completion of such improvement for the recovery of damages for: (1) Any deficiency in the
design, planning, supervision, or observation of construction or construction of such an improvement;
or (2) Injury to real or personal property caused by any such deficiency; or (3) Injury to
or wrongful death of a person caused by any such deficiency. (b) The prohibition provided
in this section shall apply to any action commenced against a person for his own act, or failure
to act, or for the act, or failure to act, of his employees; likewise, the prohibition contained
in this section shall extend to every demand, whether...
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6-5-542
Section 6-5-542 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) HEALTH CARE PROVIDER. A medical
practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other
health care provider as those terms are defined in Section 6-5-481. (2) STANDARD OF CARE.
The standard of care is that level of such reasonable care, skill, and diligence as other
similarly situated health care providers in the same general line of practice, ordinarily
have and exercise in like cases. A breach of the standard of care is the failure by a health
care provider to comply with the standard of care, which failure proximately causes personal
injury or wrongful death. This definition applies to all actions for injuries or damages or
wrongful death whether in contract or tort and whether based on intentional or unintentional
conduct. (3) FUTURE DAMAGES. Damages for future medical treatment, care,...
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15-18-82.1
Section 15-18-82.1 Methods of execution; election of method; constitutionality. (a) A death
sentence shall be executed by lethal injection, unless the person sentenced to death affirmatively
elects to be executed by electrocution or nitrogen hypoxia. The sentence shall be executed
pursuant to Section 15-18-82. (b) A person convicted and sentenced to death for a capital
crime at any time shall have one opportunity to elect that his or her death sentence be executed
by electrocution or nitrogen hypoxia. (1) The election for death by electrocution is waived
unless it is personally made by the person in writing and delivered to the warden of the correctional
facility within 30 days after the certificate of judgment pursuant to a decision by the Alabama
Supreme Court affirming the sentence of death or, if a certificate of judgment is issued before
July 1, 2002, the election must be made and delivered to the warden within 30 days after July
1, 2002. If a warrant of execution is pending on...
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23-2-170
Section 23-2-170 Civil liability for toll violations. (a) The authority, department, private
toll entity, or an agent or representative thereof may file a civil suit in the municipal
court of the city in which the violation has occurred or district court of the county in which
the violation occurred to collect the toll and all applicable fees after a citation has been
issued and the required time period for response has elapsed, without the payment of filing
fees. The action shall be governed by the Alabama Rules of Civil Procedure except as otherwise
set out in this article. (b) Actions brought pursuant to this article shall be commenced within
six years. (c) Imposition of liability pursuant to this section shall be based upon a preponderance
of evidence submitted. (d) Adjudication of liability shall not be made a part of the driving
record of the person upon whom liability is imposed, nor shall it be considered in any manner
for insurance purposes in the provision of motor vehicle...
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