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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-94.htm - 7K - Match Info - Similar pages
9-16-93
Section 9-16-93 Violations; inspection by authority; remedial actions; hearing; action by Attorney
General. (a) Whenever, on the basis of any information available to it, including receipt
of information from any person, the regulatory authority has reason to believe that any person
is in violation of any requirement of this article or any permit condition required by this
article, the regulatory authority shall immediately order an inspection of the surface coal
mining operation at which the alleged violation is occurring unless the same information is
available to the regulatory authority as a result of a previous inspection. When the inspection
results from information provided to the regulatory authority by any person, the regulatory
authority shall notify such person when the inspection is proposed to be carried out and such
person shall be allowed to accompany the inspector during the inspection. The regulatory authority
shall consult with all state and federal agencies charged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-93.htm - 9K - Match Info - Similar pages
2-26-74
Section 2-26-74 Filing of complaint as to performance or labeling of seed by purchaser; forwarding
of complaint and answer thereto to committee for investigation, findings and recommendations.
Any farmer, or other purchaser of agricultural, vegetable, flower, tree and shrub or herb
seeds purchased for planting purposes who believes that he has been damaged by the failure
of the seed to perform as represented, or to conform to the description on the labeling attached
thereto or accompanying such seed as required by Sections 2-26-1 through 2-26-14, and rules
and regulations promulgated thereunder, may make a sworn complaint against the seed dealer
from whom such seeds were purchased. The complaint shall allege the failure of the seed to
perform or to conform to legal requirements and the damages sustained or to be sustained by
him. The complaint shall be filed with the Commissioner of Agriculture and Industries within
10 days after the alleged defect or violation becomes apparent. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-26-74.htm - 3K - Match Info - Similar pages
13A-8-117
Section 13A-8-117 Forfeiture of certain computers, software, etc. (a) On conviction of a violation
of this article or any other violation of the criminal laws of Alabama, the court shall order
that any computer, computer system, computer network, instrument of communication, software
or data that was owned or used by the defendant with the owner's knowledge of the unlawful
act or where the owner had reason to know of the unlawful act, and that was used in the commission
of the offense be forfeited to the State of Alabama and sold, destroyed, or otherwise properly
disposed. If the defendant is a minor, it also includes the above listed property of the parent
or guardian of the defendant. The manner, method, and procedure for the forfeiture and condemnation
or forfeiture of such thing shall be the same as that provided by law for the confiscation
or condemnation or forfeiture of automobiles, conveyances, or vehicles in which alcoholic
beverages are illegally transported. If the computer,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-117.htm - 2K - Match Info - Similar pages
2-26-30
Section 2-26-30 Promulgation of rules and regulations for removal, etc., of fungi and noxious
weeds from seeds and small grains by commissioner. The Commissioner of Agriculture and Industries,
with the approval of the State Board of Agriculture and Industries, is hereby authorized to
promulgate and adopt rules and regulations for the purpose of eradicating and preventing the
spread of fungus growths and diseases from seed and small grains used for planting purposes
and the removal of noxious weeds from agricultural and vegetable seed and small grain used
for planting purposes by requiring that persons, firms, partnerships, corporations and associations
engaged in cleaning or otherwise processing seed shall process, clean or treat such seed and
small grains in a manner whereby fungi, diseases and noxious weeds will be eradicated or removed
from such seed and small grain prior to the packaging, shipping or sale thereof to growers.
Rules and regulations adopted under this section may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-26-30.htm - 1K - Match Info - Similar pages
22-14-12
Section 22-14-12 Orders enjoining or directing compliance. Whenever, in the judgment of the
agency, any person has engaged in, or is about to engage in, any acts or practices which constitute,
or will constitute, a violation of any provision of this article, or any rule, regulation
or order issued thereunder, and at the request of the agency, the Attorney General, or the
district attorney under his direction, may make application to the circuit court for an order
enjoining such acts or practices or for an order directing compliance, and upon a showing
by the agency that such person has engaged, or is about to engage, in any such acts or practices,
a permanent or preliminary injunction, temporary restraining order or other order may be granted.
(Acts 1963, No. 582, p. 1269, §13.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-14-12.htm - 1K - Match Info - Similar pages
22-6-25
Section 22-6-25 Enforcement remedies; adoption of criteria. Medicaid shall have such specific
civil remedies of enforcement as is required by OBRA as a minimum state enforcement remedy.
In order to ensure compliance with this article, Medicaid rules and regulations and OBRA,
Medicaid shall also specify criteria, as to when and how each of such enforcement remedies
is to be applied, the amounts of any fines, and the severity of each of these remedies, to
be used in the imposition of such remedies. Such criteria shall be designed so as to minimize
the time between the identification of violations and final imposition of the remedies, and
shall provide for the imposition of incrementally more severe fines for repeated or uncorrected
deficiencies. Such enforcement remedies and criteria shall be promulgated by rule or regulation
pursuant to the Alabama Administrative Procedures Act no later than October 1, 1989. Medicaid
shall not have the power to implement such specific enforcement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-6-25.htm - 1K - Match Info - Similar pages
25-5-338
Section 25-5-338 Construction of article. (a) No physician-patient relationship is created
between an employee or job applicant and an employer, medical review officer, or any person
performing or evaluating a drug test solely by the establishment, implementation, or administration
of a drug-testing program. (b) Nothing in this article shall be construed to prevent an employer
from establishing reasonable work rules related to employee possession, use, sale, or solicitation
of drugs, including convictions for drug related offenses, and taking action based upon a
violation of any of those rules. (c) Nothing in this article shall be construed to operate
retroactively, and nothing in this article shall abrogate the right of an employer under state
or federal law to conduct drug tests, or implement employee drug-testing programs. Notwithstanding
the foregoing, only those programs that meet the criteria outlined in this article qualify
for reduced workers' compensation insurance premiums...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-338.htm - 2K - Match Info - Similar pages
13A-8-35
Section 13A-8-35 Exceptions. This article shall not apply to purchases of metal property from
any of the following: (1) A law enforcement officer acting in an official capacity unless
the law enforcement officer is investigating a compliance issue pursuant to this article or
is presenting metal property for sale. (2) A trustee in bankruptcy, executor, administrator,
or receiver who has presented proof of such status to the secondary metals recycler. (3) Any
public official acting under a court order who has presented proof of such status to the secondary
metals recycler. (4) A sale or the execution, or by virtue, of any process issued by a court
if proof thereof has been presented to the secondary metals recycler. (5) A manufacturing,
industrial, or other commercial vendor that generates or sells regulated metal property in
the ordinary course of its business. (6) A municipal, county, state, federal, or other governmental
entity. (7) A utility company. (8) A funeral home or the owner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-35.htm - 1K - Match Info - Similar pages
2-21-27
Section 2-21-27 Stop sale orders, seizure and condemnation. When the commissioner or his duly
authorized agent has reasonable cause to believe that any lot or other quantity of commercial
feed is being distributed, sold or offered for sale or kept for sale in violation of any of
the requirements of this chapter or rules or regulations adopted under this chapter, he may
issue and enforce a written or printed "stop sale" or "suspension from sale"
order warning the distributor not to dispose of the lots of commercial feed in the manner
as provided by Section 2-2-30. Any lot or other quantity of commercial feed not in compliance
with this chapter or rules and regulations adopted thereunder shall also be subject to seizure
and condemnation on complaint of the commissioner filed in the circuit court in accordance
with the procedure and requirements of Sections 2-2-31 and 2-2-32. (Acts 1978, No. 780, p.
1143, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-21-27.htm - 1K - Match Info - Similar pages
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