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2-10-32
Section 2-10-32 Order of board after hearing; appeal. The State Board of Agriculture and Industries,
upon any hearing provided for in this article, may require the commissioner to call a meeting
of the directors of the association and seek to work out a solution of conditions with them,
may order the conditions on which there may be a continuation of the operation of such association
or may require an agent appointed by the board or commissioner to take charge and reorganize
the association or wind its business up or may make such other order as it deems will best
protect the interest of the public. An appeal shall lie from the order of the board by any
person interested by filing bond with and to be approved by the register or clerk of the Circuit
Court of Montgomery County. The matter shall be heard de novo in such court; provided, that
the order of the board shall be presumed prima facie correct. Upon such hearing the court
shall issue an order sustaining or reversing the order of...
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2-28-10.1
Section 2-28-10.1 Financial responsibility. (a) The commissioner with the approval of the State
Board of Agriculture and Industries may promulgate rules and regulations which require any
applicant for a permit to perform professional work or services to provide evidence of his
ability to properly indemnify persons damaged in any manner by the use or application of pesticides.
The amount and form of indemnification required shall be determined by rules and regulations
promulgated by the commissioner with the approval of the State Board of Agriculture and Industries.
(b) The commissioner with the approval of the State Board of Agriculture and Industries, may
promulgate rules and regulations requiring an applicant for a permit to perform professional
work or services to furnish and file with the commissioner a surety bond payable to the State
of Alabama. The surety bond shall be conditioned that the principal therein named shall honestly
and in a skillful and workmanlike manner conduct...
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2-25-18
Section 2-25-18 Appeals to state board from findings or orders of commissioner. The owner or
person in charge may appeal the orders of the commissioner requiring treatment or destruction
of plants, plant products or nursery stock by serving written notice of appeal on the commissioner
within 10 days after receiving his orders or findings. This appeal from the findings or orders
of the commissioner shall lie to the State Board of Agriculture and Industries, which shall,
as soon as practicable, hear and determine the same. The order of the said board shall be
enforced by the circuit court upon filing a complaint by the commissioner setting forth said
order and requesting enforcement of the same. (Ag. Code 1927, §309; Code 1940, T. 2, §469;
Acts 1991, No. 91-632, p. 1179, §15.)...
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25-4-94
Section 25-4-94 Powers and duties of board of appeals for Department of Labor. (a) The board
of appeals for the Department of Labor, created by Section 25-2-12, may, on its own motion
at any time before a decision of an appeals tribunal becomes final, affirm, modify, or set
aside any such decision on the basis of the evidence previously submitted in such case, or
direct the taking of additional evidence, or may permit any party in interest to initate an
appeal to it. The board of appeals may remove to itself or transfer to another appeals tribunal
the proceedings on any claim pending before an appeals tribunal. The board of appeals shall
promptly notify in writing the parties to any proceedings of its findings and decision, together
with the reasons therefor. (b) Unless the application for appeal described in subsection (c)
of Section 25-4-92 is granted by the board of appeals within 10 days after its filing with
it, the applicant may, within the following 10 days, take an appeal from...
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2-28-3
Section 2-28-3 Promulgation of rules and regulations to regulate persons engaged in work or
services governed by chapter, etc. The commissioner with the approval of the State Board of
Agriculture and Industries may adopt and promulgate rules and regulations that are reasonable
and necessary to carry out the intent and purpose of this chapter and to regulate persons
engaged in professional services or work defined in this chapter to prevent fraudulent and
unauthorized practices of those professional services or work. In order to ensure that persons
issued a permit or certified under this chapter are capable of performing a high quality of
workmanship and continue to meet the requirements of a changing technology and assure a continued
level of competence and ability, the commissioner with the approval of the State Board of
Agriculture and Industries, is hereby authorized and empowered to make rules and regulations
with respect to: 1. The qualifications and residency requirements of an...
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2-10-21
Section 2-10-21 Permit required; fee. No association shall engage in business until it has
first secured a permit from the commissioner. Application for such permit shall be made on
blanks prescribed by the State Board of Agriculture and Industries and shall be accompanied
by a fee of $25.00. (Ag. Code 1927, §548; Code 1940, T. 2, §70; Acts 1983, No. 83-593, p.
926, §1.)...
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2-12-7
Section 2-12-7 Furnishing duplicate copies of invoices to Department of Agriculture and Industries.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture
and Industries, under rules and regulations adopted for this purpose, shall be authorized
to require any dealer granted a permit under this article to furnish to the Department of
Agriculture and Industries duplicate copies of invoices or equivalent information showing
the consignor, consignee, quantity, source, standard or grades of quality and weight classes
of eggs included in any purchase thereof. Nothing contained in this section shall be construed
to require the filing of the copy of an invoice of sale to a consumer. (Acts 1955, 2nd Ex.
Sess., No. 46, p. 152, §9.)...
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2-14-6
Section 2-14-6 Shipment, movement, etc., of used beekeeping equipment or appliances without
permit from Commissioner of Agriculture and Industries. It shall be unlawful to move, transport
or ship any honeybees, combs or used beekeeping equipment or appliances without a permit from
the Commissioner of Agriculture and Industries bearing the approval or countersignature of
the State Apiarist. The permit must have been issued within the calendar year during which
the movement or shipment is to be made; and, before such a permit is issued, the proposed
movement of any honeybees or beekeeping equipment shall be in compliance with all conditions
and requirements that may be set forth and prescribed therefor under rules and regulations
adopted by the State Board of Agriculture and Industries for the prevention and the spread
of contagious and infectious diseases of honeybees. (Acts 1965, No. 794, p. 1488, §5.)...
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2-2-71
Section 2-2-71 Substitution of bond equivalent; forms. (a) Whenever there is a requirement
under law to obtain any permit or license issued by the Commissioner of Agriculture and Industries,
the Board of Agriculture and Industries or the Department of Agriculture and Industries that
the permittee or licensee be bonded, the licensee or permittee may substitute in lieu of the
bond a bond equivalent. (b) The bond equivalent shall be in the form of a trust fund agreement
based upon cash, fully negotiable bonds of the U.S. Government or of the State of Alabama,
or an irrevocable letter of credit. (c) The Commissioner of Agriculture and Industries shall
furnish all necessary forms to be used for the issuance of the bond or bond equivalent. (Acts
1989, No. 89-692, p. 1364, §2.)...
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2-27-11
Section 2-27-11 Use permits. (a) Each person shall obtain a pesticide-use permit from the commissioner
before the person is eligible to purchase and use a restricted-use pesticide. Application
forms for such permits shall be furnished by the commissioner, and the permit shall be valid
and effective for a period of time to be established by rules and regulations of the State
Board of Agriculture and Industries unless sooner revoked by the commissioner for cause as
specified in rules and regulations promulgated by the commissioner with approval of the board.
(b) Before any person is authorized to purchase and use restricted-use pesticides for application
or use thereof, the person shall meet certain qualifications to be prescribed pursuant to
rules and regulations of the commissioner approved by the board. The regulations shall be
designed to satisfy the requirements of the federal Insecticide, Fungicide, and Rodenticide
Act, as amended, and to determine whether the user or applicator of...
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