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16-46-9
Section 16-46-9 Review by State Board of Education; review by Circuit Court of Montgomery County.
Any person or school or private postsecondary institution aggrieved by the actions of the
Department of Postsecondary Education with respect to exemption, issuance, denial, deferral,
probation, suspension, or revocation of a license or permit provided for in Sections 16-46-3,
16-46-5, and 16-46-6, may file within 30 days a petition for review by the State Board of
Education. The aggrieved person, school, or institution shall then be entitled to a hearing
before the State Board of Education. The person, school, or institution may be represented
by counsel at the hearing. The aggrieved person, school, or institution may adduce evidence,
both oral and documentary, at such hearing and on official record if such hearing shall be
transcribed by a qualified court reporter. After the State Board of Education acts on the
petition for review, any person, school, or institution aggrieved by the State...
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23-1-369
Section 23-1-369 Reports of investigations; limitations on use; prohibitions against compulsion
of testimony. Notwithstanding any other provision of law to the contrary, in order to facilitate
the making of investigations by the director in the interest of public safety and promotion
of aeronautics, the public interest requires, and it is therefore provided, that the reports
of investigations or hearings or any part thereof shall not be admitted in evidence or used
for any purpose in any suit, action, or proceeding growing out of any matter referred to in
the investigation, hearing, or report thereof, except in case of criminal proceedings instituted
on behalf of the department or of the state under this article and other laws of the state
relating to aeronautics, nor shall the director or any officer or employee of the department
be required to testify to any facts ascertained in, or information gained by reason of, his
or her official capacity, or be required to testify as an expert...
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31-2-72
Section 31-2-72 General officers of the line. General officers of the line shall be appointed
under the rules and regulations of the Department of Defense. Such officers shall be appointed
by the Governor from among active officers of the National Guard of Alabama, who have not
less than six years' active service in the National Guard of Alabama, with the advice and
consent of the Senate. Vacancies in the offices caused by death, resignation, or removal while
the Senate is not in session shall be filled by recess appointments by the Governor; provided,
that should the vacancies in the grade of general officer of the line be in an organization
in which the State of Alabama has joint interest with another state or states, the Governor
is authorized to enter into a conference through the Military Department of the state with
the other states concerned for the purpose of determining which state shall, with the concurrence
of the other states, nominate the general officer to fill such...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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37-11B-5
Section 37-11B-5 Actions in accordance with State Rail Plan or studies. (a)(1) Based on information
gathered in the State Rail Plan or any studies conducted pursuant to subdivision (5) of Section
37-11B-4, ADECA with the assistance of the commission for purposes of promoting passenger
or freight rail service, or both, may do all of the following: a. Select or recommend routes
and locations, perform preliminary engineering and surveying, acquire necessary rights-of-way
and property, perform site improvements, and otherwise plan, develop, construct, and own a
rail line, or portion thereof, that connects to the rail line of a railroad corporation. b.
Take any action described in subdivision (1) for the purpose of assisting a railroad corporation
or other entity in developing, constructing, improving, and owning a rail line, or portion
thereof, for any other purpose as approved by ADECA that promotes economic development associated
with rail infrastructure or passenger or freight rail...
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37-2A-8
Section 37-2A-8 Provision of basic telephone service and optional telephone features. (a)(1)
Notwithstanding any provision of law to the contrary, an entity that is not an incumbent local
exchange carrier shall not be obligated to tariff or otherwise provide basic telephone service.
An incumbent local exchange carrier shall provide, upon reasonable request, basic telephone
service to the premises of a permanent residence within its franchised service territory,
if the costs, including, but not limited to costs of facilities, rights-of-way, and equipment,
of providing basic telephone service to the requesting party does not exceed eight thousand
dollars ($8,000). (2) If the cost exceeds eight thousand dollars ($8,000), as provided in
subdivision (1), an incumbent local exchange carrier may not deny service on the basis of
cost so long as sufficient funds to provide that service are available from the Alabama portion
of the applicable federal universal service fund program. (3) An...
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39-2-1
Section 39-2-1 Definitions. As used in this title, the following words shall have the meanings
ascribed to them as follows: (1) AWARDING AUTHORITY. Any governmental board, commission, agency,
body, authority, instrumentality, department, or subdivision of the state, its counties and
municipalities. This term includes, but shall not be limited to, the Department of Transportation,
the State Building Commission, the State Board of Education, and any other entity contracting
for public works. This term shall exclude the State Docks Department and any entity exempted
from the competitive bid laws of the state by statute. (2) FORCE ACCOUNT WORK. Work paid for
by reimbursing for the actual costs for labor, materials, and equipment usage incurred in
the performance of the work, as directed, including a percentage for overhead and profit,
where appropriate. (3) LIFE CYCLE COSTS. The total cost of ownership over the extended life
of a public works project, taking into consideration the costs of...
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22-30-4
Section 22-30-4 Regulatory and investigative authority; monitoring of commercial sites for
hazardous wastes; fees; hearings and investigations. (a) The department has exclusive regulatory
authority over all hazardous waste generation, transportation, storage, treatment and disposal
and other management practices in the state, and shall, from time to time, investigate and
monitor sources of generation, transportation, storage, treatment and disposal of hazardous
waste. However, nothing in this chapter shall be construed to limit the authority of the Alabama
Department of Public Health to regulate wastes containing radioactive materials under Chapter
14 of this title. (b) In exercising such exclusive authority, the department shall provide
sufficient personnel with training in hazardous waste management and a minimum of a bachelor's
degree in the sciences or engineering to comprehensively monitor all commercial sites for
the disposal of hazardous wastes. Such personnel shall be hired by...
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22-50-11
Section 22-50-11 Department - Additional and cumulative powers. The Department of Mental Health
is given hereby the following additional and cumulative powers through its commissioner: (1)
It is authorized and directed to set up state plans for the purpose of controlling and treating
any and all forms of mental and emotional illness and any and all forms of mental retardation
and shall divide the state into regions, districts, areas or zones, which need not be geographic
areas, but shall be areas for the purpose of establishing priorities and programs and for
organizational and administrative purposes in accordance with these state plans. (2) It is
designated and authorized to supervise, coordinate, and establish standards for all operations
and activities of the state related to mental health and the providing of mental health services;
and it is authorized to receive and administer any funds available from any source for the
purpose of acquiring building sites for, constructing,...
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32-5A-177
Section 32-5A-177 Charging violations; burden of proof in civil actions; arrest for violation
of speed laws communicated from officer operating measuring device to another officer; testimony
derived from use of speed measuring device. (a) In every charge of violation of any speed
regulation in this article the complaint, also the summons or notice to appear, shall specify
the speed at which the defendant is alleged to have driven, also the maximum speed applicable
within the district or at the location. (b) The provision of this article declaring maximum
speed limitations shall not be construed to relieve the plaintiff in any action from the burden
of proving negligence on the part of the defendant as the proximate cause of an accident.
(c) Any state trooper, upon receiving information relayed to him or her from a fellow officer
stationed on the ground or in the air operating a speed measuring device that a driver of
a vehicle has violated the speed laws of this state, may arrest the...
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