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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-19.htm - 7K - Match Info - Similar pages
9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-79.htm - 11K - Match Info - Similar pages
34-14C-6
Section 34-14C-6 Denial, suspension, or revocation of license; hearing; notice, penalties;
appeal. (a) The board may deny, suspend, or revoke a license as provided in this section.
(b) A license may not be denied, suspended, or revoked except by majority vote of the board
and with prior notice and opportunity for hearing in accordance with this chapter and the
Alabama Administrative Procedure Act. (c) The board may institute a hearing for denial, suspension,
or revocation of a license or any person may file a written complaint with the board seeking
the denial, suspension, or revocation of an application for licensure or license issued by
the board or the investigation of any unlicensed person or entity providing home medical equipment
services. The complaint shall be in a form prescribed by the board. (d) A copy of the charges,
including notice of the time and place of hearing, shall be served by certified mail, return
receipt requested, at least 21 days before the scheduled hearing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14C-6.htm - 8K - Match Info - Similar pages
24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-8-13.htm - 7K - Match Info - Similar pages
34-24-166
Section 34-24-166 Refusal, revocation, or suspension - Grounds; rules; disciplinary action.
(a) The State Board of Chiropractic Examiners may refuse to grant a license or permit to any
applicant who is not of good moral character and reputation or has a history of narcotic addiction
or has previously been convicted of a felony or any crime of moral turpitude or has previously
been diagnosed as having a psychopathic disorder. (b) The State Board of Chiropractic Examiners
may invoke disciplinary action as outlined in subsection (c) whenever the licensee or permit
holder shall be found guilty of any of the following: (1) Fraud in procuring a license or
permit, or any fraud in obtaining money or other thing of value. (2) Immoral conduct. (3)
Unprofessional conduct. (4) Habitual intoxication or addiction to the use of drugs. (5) Conviction
of a felony or any crime of moral turpitude. (6) Conviction for violation of any narcotic
or controlled substance statute. (7) Unlawful invasion of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-166.htm - 7K - Match Info - Similar pages
34-9-18
Section 34-9-18 Grounds for disciplinary action. (a) The board may invoke disciplinary action
as outlined in subsection (b) whenever it shall be established to the satisfaction of the
board, after a hearing as hereinafter provided, that any dentist or dental hygienist has been
guilty of the following: (1) Fraud, deceit, or misrepresentation in obtaining any license,
license certificate, annual registration certificate, money, or other thing of value. (2)
Gross immorality. (3) Is a menace to the public health or to patients or others by reason
of a disease. (4) Is an habitual user of intoxicants or drugs rendering him or her unfit for
the practice of dentistry or dental hygiene. (5) Has been convicted for violation of federal
or state narcotics or barbiturate laws. (6) Is guilty of negligence or gross negligence. a.
For the purposes of this subdivision, negligence is defined as the failure to do what a reasonably
prudent dentist or dental hygienist would have done under the same or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-9-18.htm - 9K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-9-150.htm - 12K - Match Info - Similar pages
34-11-35
Section 34-11-35 Powers of the board. (a) The board shall have the power to adopt and amend
bylaws and rules not inconsistent with the constitution and laws of this state, as may be
reasonably necessary for the proper performance of its duties and the regulation of its procedures,
meetings, records, examinations, and conduct. The board shall have the power to adopt and
amend from time to time rules of professional conduct for professional engineers, engineer
interns, professional land surveyors, land surveyor interns, and corporations, partnerships,
or firms holding certificates of authorization. The board shall adopt and have an official
seal, which shall be affixed to each certificate issued. (b) In carrying into effect its duties
in any case involving the revocation of licensure or any disciplinary proceeding involving
a licensee or the holder of a certificate of authorization or practicing or offering to practice
without licensure, or false statement in connection with an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-11-35.htm - 7K - Match Info - Similar pages
5-19-21
Section 5-19-21 Administrator authorized to make rules and regulations; filing notice of intended
action with Legislative Reference Service; transactions entered into after May 20, 1996. (a)
The administrator is authorized and empowered to promulgate rules and regulations and official
interpretations (collectively "regulations") as may be necessary or appropriate
for the execution and enforcement of this chapter. The administrator or, if authorized by
regulation, the administrator's designee, or both, may also issue written interpretations
of consumer finance statutes and regulations and this chapter. (b)(1) Prior to the adoption,
amendment, or repeal of any regulation, the administrator shall give at least 35 days' notice
of its intended action by filing notice of intended action with the Legislative Reference
Service for publication in the Alabama Administrative Monthly. The date of publication in
the Alabama Administrative Monthly shall constitute the date of notice. The notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-21.htm - 6K - Match Info - Similar pages
15-22-32
Section 15-22-32 Parole court; hearing officers; sanctions; delegation of authority. (a) Whenever
there is reasonable cause to believe that a prisoner who has been paroled has violated his
or her parole, the Board of Pardons and Paroles, at its next meeting, may declare the prisoner
to be delinquent, and time owed shall date from the delinquency. The Department of Corrections,
after receiving notice from the sheriff of the county jail where the state prisoner is being
held, shall promptly notify the board of the return of a paroled prisoner charged with violation
of his or her parole. Thereupon, the board, a single member of the board, a parole revocation
hearing officer, or a designated parole officer shall hold a parole court at the prison or
at another place as it may determine within 20 business days and consider the case of the
parole violator, who shall be given an opportunity to appear personally or by counsel before
the board or the parole court and produce witnesses and...
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