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9-15-82
Section 9-15-82 Article not to apply to certain transfers, reversions, sales, etc. (a) This
article shall not apply to the transfers of real property between departments, boards, bureaus,
commissions, institutions, corporations, or agencies of the state. These transfers may be
made by mutual agreements between the chief executive officers of the respective departments
with the approval of the Governor. This article shall not apply to the leasing or sale of
timber from unused lands under Section 9-15-1 et seq.; to the leasing or sale of timber from
school lands and swamp and overflowed lands under Section 9-15-30 et seq.; to the leasing
of oil, gas, and other minerals under Section 9-17-60 et seq.; real property sold by the Department
of Revenue under tax sales and redemptions; to the sale of property by the Alabama Historical
Commission under Section 41-9-249(7); to reversions made under Section 31-4-18; to the sale
or conveyance of real property by the Alabama Housing Finance...
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16-26D-5
Section 16-26D-5 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The board of trustees
may perform the following functions: (1) Accept donations, bequests, or other forms of financial
assistance for educational purposes from any public or private person or agency and comply
with rules and regulations governing grants from the federal government or from any other
person or agency, which are not in contravention of the constitution and laws. (2) Purchase
or lease real estate and equipment and make improvements to facilities necessary for the use
of the school, in accordance with applicable law. (3) Lease land or other property belonging
to the board of trustees or to the school. (4) Sell or exchange land or other real property
not needed for school purposes, but only when specifically authorized by law and then only
in accordance with the procedures provided for the sale of unused...
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34-27-2
Section 34-27-2 Definitions; exemptions from chapter. (a) For purposes of Articles 1 and 2
of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) ASSOCIATE BROKER. Any broker other than a qualifying broker. (2) BROKER. Any person licensed
as a real estate broker under Articles 1 and 2 of this chapter. (3) COMMISSION. The Alabama
Real Estate Commission, except where the context requires that it means the fee paid to a
broker or salesperson. (4) COMMISSIONER. A member of the commission. (5) COMPANY. Any sole
proprietorship, corporation, partnership, branch office, or lawfully constituted business
organization as the Legislature may provide for from time to time, which is licensed as a
company under Articles 1 and 2 of this chapter. (6) ENGAGE. Contractual relationships between
a qualifying broker and an associate broker or salesperson licensed under him or her whether
the relationship is employer-employee, independent contractor, or...
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34-11-1
Section 34-11-1 Definitions. For the purposes of this chapter, the following words and phrases
shall have the respective meanings ascribed by this section: (1) BOARD. The State Board of
Licensure for Professional Engineers and Land Surveyors, provided for by Section 34-11-30.
(2) DESIGN COORDINATION. The review and coordination of technical submissions prepared by
persons other than the principal engineer, including, as appropriate and without limitations,
consulting engineers, architects, landscape architects, land surveyors, and other professionals
working under the direction of the engineer. (3) DISCIPLINARY ACTION. Any final written decision,
order, consent agreement, public reprimand, or other formal action taken against an individual
or firm by the board based upon a violation of this chapter or a board rule. (4) ENGINEER
INTERN. An individual who has been certified as an engineer intern by the board. (5) ENGINEER
or PROFESSIONAL ENGINEER. An individual who, by reason of his or...
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35-4-431
Section 35-4-431 Definitions. (a) As used in this article, the following words have the following
meanings: (1) ASSOCIATION. An association or unit owners' association, as defined in Section
35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section
35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization
composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping
resort interests, or other interests in real property that is responsible for the maintenance,
improvements, services, or expenses related to real property that is owned, used, or enjoyed
in common by the members. (2) PAYEE. The person or entity who claims the right to receive
or collect a private transfer fee payable under a private transfer obligation. A payee may
or may not have a pecuniary interest in the private transfer fee obligation. (3) PRIVATE TRANSFER
FEE. A fee or charge payable upon the transfer of an interest...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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34-24-193
Section 34-24-193 Board of Physical Therapy - Powers and duties; certification fee; administrative
fines; impaired practitioner program. (a) It shall be the duty of the board to pass upon the
qualifications of applicants for licensing as physical therapists and licensing as physical
therapist assistants, to conduct examinations, to issue licenses and renewals to physical
therapists and physical therapist assistants qualifying under this article and in a proper
case to suspend or revoke the license of such persons. The board may adopt rules and regulations
not inconsistent with law as it may deem necessary for the performance of its duties; however,
the board shall not issue any rules or regulations that require a physical therapist assistant
to be within sight of a consulting physical therapist or a physical therapist supervisor while
working under the direction of that physical therapist or issue any rules, regulations, or
orders inconsistent with Section 34-24-217(b). The board shall...
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34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms shall have
the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement,
license, security, or other muniment conferring on the purchaser the rights, benefits, and
obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission.
(5) COMMISSIONER. A member of the Alabama Real Estate...
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34-4-21
Section 34-4-21 Application and examination; fees; expiration, renewal of licenses; continuing
education; discharge of apprentice; change of address. (a) Any person desiring to enter into
the auction business and obtain a license as an auctioneer or apprentice auctioneer shall
make written application for a license to the board. Each application shall be accompanied
by an examination fee of an amount not to exceed one hundred dollars ($100) which shall be
collected from each applicant to defray the expenses of the examination. The application shall
be submitted on forms prepared and furnished by the board. (b) Each applicant for a license
as an auctioneer shall be 19 years of age or over, and each applicant for a license as an
apprentice auctioneer shall be 18 years of age or over and shall be a citizen of the United
States or legally present in this state. Each applicant for an auctioneer's license shall:
(1) have completed a prescribed course of study at an accredited auctioneering...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful
deprivation by a caregiver or other person of services necessary to maintain mental and physical
health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose
behavior indicates that he or she is mentally incapable of adequately caring for himself or
herself and his or her interests without serious consequences to himself or herself or others,
or who, because of physical or mental impairment, is unable to protect himself or herself
from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has
no guardian, relative, or other appropriate person able, willing, and available to assume
the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER.
An individual who has the responsibility for the care of a protected...
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