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9-16-80
Section 9-16-80 Surface Mining Control and Reclamation Division - Creation; director; chief;
transfer of books, records, powers, rights, and personnel. (a) There is hereby created a Division
of Surface Mining Control and Reclamation within the Alabama Surface Mining Commission to
enforce the provisions of this article. The division shall have such powers and authority
as may be delegated by the director of the commission. (b)(1) The director shall appoint a
chief of the division and shall fix his compensation as an unclassified employee in the state
Merit System. (2) The chief shall be the chief executive officer of the division and shall
administer in the name of the division that power and authority delegated to the division
by the director. The chief may, with the approval of the director, establish such sections
within the division as may be necessary to enforce this article and the rules, regulations
and standards promulgated thereunder. (c) Any books, records, equipment,...
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10A-2A-8.31
Section 10A-2A-8.31 Standards of liability for directors. Notwithstanding Division C of Article
3 of Chapter 1: (a) A director shall not be liable to the corporation or its stockholders
for any decision to take or not to take action, or any failure to take any action, as a director,
unless the party asserting liability in a proceeding establishes that: (1) no defense interposed
by the director based on (i) any provision in the certificate of incorporation authorized
by Section 10A-2A-2.02(b)(4) or by Section 10A-2A-2.02(b)(6), or (ii) the protection afforded
by Section 10A-2A-8.60, precludes liability; and (2) the challenged conduct consisted or was
the result of: (i) action not in good faith; or (ii) a decision (A) which the director did
not reasonably believe to be in the best interests of the corporation, or (B) as to which
the director was not informed to an extent the director reasonably believed appropriate in
the circumstances; or (iii) a lack of objectivity due to the...
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27-11-6
Section 27-11-6 Validity of acts or contracts of unauthorized insurer; actions against or by
same. The failure of an insurer to obtain a license or certificate of authority shall not
impair the validity of any act or contract of such insurer and shall not prevent such insurer,
its assigns or successors in interest, from defending any action in any court of this state;
but no insurer transacting insurance business in this state without a license or certificate
of authority shall be permitted to maintain an action in any court of this state to enforce
any right, claim, or demand arising out of the transaction of such business until such company,
its assigns or successors in interest shall have: (1) Obtained a license or certificate of
authority; or (2) Deposited with the clerk of the court in which such action or proceeding
is pending cash or securities or file with such clerk a bond with good and sufficient sureties,
to be approved by the court, in an amount to be fixed by the court...
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41-10-273
Section 41-10-273 Security for bonds; collection and application of revenues pledged to payment
of bonds; terms of leases of judicial facilities; maintenance and insurance of judicial facilities;
reserve and other funds; rights of holders of bonds upon default. Any resolution of the board
of directors authorizing the issuance of bonds may contain any provision or agreement customarily
contained in instruments securing evidences of indebtedness, including, without limiting the
generality of the foregoing, a pledge, transfer or assignment of any leases of any judicial
facilities out of the revenues from which such bonds are payable and a pledge of such revenues.
Any such resolution may also contain provisions respecting the collection and application
of any revenues pledged to the payment of the authority's bonds, the terms to be incorporated
in lease agreements respecting judicial facilities out of the revenues from which such bonds
are payable, the maintenance of and insurance on such...
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11-56-13
Section 11-56-13 Bonds - Security for payment of principal and interest; remedies upon default
generally. (a) The principal of and the interest on the bonds shall be secured by a pledge
of the revenues out of which the bonds shall be made payable and by a pledge of the lease
agreement covering the project from which revenues so pledged shall be derived and of the
rental therefrom and may be secured by an indenture covering such project. The trustee under
any indenture may be a trust company or bank having trust powers, whether located within or
without the state. The indenture may contain any agreements and provisions customarily contained
in instruments securing evidences of indebtedness including, without limiting the generality
of the foregoing, provisions respecting the collection, segregation and application of the
rental from any project covered by such indenture, the terms to be incorporated in the lease
agreement respecting such project, the maintenance and insurance of such...
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22-6-6
Section 22-6-6 Subrogation of state to rights of recipients of medical assistance under program
against persons, etc., causing injury, etc., thereto; manner of enforcement of rights of state;
effect of action by state or recipient against person, etc., causing injury, etc., upon rights
of other; provision of written notice, etc., by recipients instituting civil actions for damages.
(a) If medical assistance is provided to a recipient under the Alabama Medicaid Program for
injuries, disease or sickness caused under circumstances creating a cause of action in favor
of the recipient against any person, firm or corporation, then the State of Alabama shall
be subrogated to such recipient's rights and shall be entitled to recover the proceeds that
may result from the exercise of any rights of recovery which the recipient may have against
any such person, firm or corporation to the extent of the actual amount of the medical assistance
payments made by the Alabama Medicaid Program. The...
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34-21-127
Section 34-21-127 Rulemaking authority. (a) The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this compact and the rules adopted under this compact.
Rules and amendments shall become binding as of the date specified in each rule or amendment
and shall have the same force and effect as this compact. (b) Rules or amendments to the rules
shall be adopted at a regular or special meeting of the commission. (c) Before the adoption
of a final rule by the commission, and at least 60 days in advance of the meeting at which
the rule shall be considered and voted upon, the commission shall file a notice of proposed
rulemaking on the website of the commission and on the website of each licensing board or
the publication in which each party state would otherwise publish proposed rules. (d) The
notice of proposed rulemaking shall include all of the following: (1) The proposed time, date,
and location of the meeting in which the rule shall be considered and...
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41-10-102
Section 41-10-102 Remedies upon default on bonds, etc. (a) Remedies upon default on bonds or
indenture. If there shall be any default in the payment of the principal of or interest on
any of the bonds issued under this article, or in the performance of any provisions of the
indenture or proceedings authorizing the issuance of such bonds, then the holder of any of
the bonds and the interest coupons applicable thereto and the trustee under such indenture
or any one or more of them shall have and may exercise any one or more of the following remedies:
(1) They may by civil action, mandamus, injunction or other proceeding compel the performance
of all duties of the officers and directors of the corporation with respect to the use of
funds for the payment of the bonds and for the performance of the bonds and the agreements
of the corporation contained in the bonds, the indenture or in the proceedings under which
they were issued; (2) They may institute a civil action and shall be entitled...
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45-9-91.20
Section 45-9-91.20 Establishment and designation; services; regulation of industrial parks.
(a) Subject to the written approval of the owners of 100 percent in interest based on assessed
value for ad valorem tax purposes of each 10 acres, or the part thereof to be included in
the proposed industrial park, the County Commission of Chambers County in the State of Alabama
may establish industrial parks composed of territory wholly within the county boundaries and
without the boundaries of any municipality. Any person, firm, or corporation who desires to
obtain a designation of an area as an industrial park shall file a petition with the county
commission of the county wherein the property is located requesting that the county commission
designate the area proposed as an industrial park, and include with such petition the consent
of the land owners as above required. The consent of each consenting owner shall be acknowledged
before a notary public or other person authorized to take...
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5-10A-16
Section 5-10A-16 Compliance with chapter, federal laws, etc., not to entail liability. No bank
nor any surety or guarantor of any bank shall suffer any penalty or liability for damages
or increase of liability or be in default, nor shall any maker, endorser, guarantor or other
party or person be released from liability or obligation or be in default by reason of a bank's
compliance with any action of any state official authorized or ratified by this chapter or
compliance with any act of Congress of the United States now or hereafter enacted or with
any rule or regulation promulgated by duly constituted officials of the United States. (Acts
1980, No. 80-658, ยง5-10-18.)...
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