40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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2-19-63
Section 2-19-63 Enforcement of rules and regulations, etc.; denial or revocation of permits.
(a) It shall be the duty of the commissioner to enforce the requirements of law relative to
cotton gins and to see that all rules and regulations relative to cotton gins that may be
established from time to time by him and approved by the State Board of Agriculture and Industries
are observed. (b) The said commissioner shall have power to refuse to issue a permit and to
revoke at any time the permit that has been issued to any cotton ginner who fails or refuses
to comply with the law or with the rules and regulations of the State Board of Agriculture
and Industries. (c) Any cotton ginner to whom such commissioner refuses to issue a permit
or whose permit has been revoked may appeal to the State Board of Agriculture and Industries,
which shall consider the matter with as little delay as possible and make such order as may
be justified by the facts. (d) The action of the board in refusing to...
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45-35-232.29
Section 45-35-232.29 Revocation of release - Violation of condition of release. (a) A person
who has been conditionally released pursuant to this subpart and who has violated a condition
of release, shall be subject to revocation of release and, in addition, may be prosecuted
for contempt of court. (b) A proceeding for revocation of release may be initiated upon notice
to the district attorney by the warrant magistrate, assistant warrant magistrate, or any other
person responsible for administering this subpart. A warrant for the arrest of a person charged
with violating a condition of release may be issued by an officer authorized to issue warrants,
on the affidavit of a person responsible for administering this subpart. The person arrested
under a warrant shall be brought before a judicial officer in the county. An order of revocation
shall not be entered unless, after hearing, the judicial officer finds that there is clear
and convincing evidence that the person has violated a...
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45-36-232.30
Section 45-36-232.30 Revocation of release - Violation of condition of release. a) A person
who has been conditionally released pursuant to Section 45-36-232.28 and who has violated
a condition of release, shall be subject to revocation of release and, in addition, may be
prosecuted for contempt of court. (b) Proceedings for revocation of release may be initiated
upon notice by the warrant magistrate, assistant warrant magistrate, or any person responsible
for administering this subpart, to the district attorney. A warrant for the arrest of a person
charged with violating a condition of release may be issued by an officer authorized to issue
warrants, on the affidavit of the district attorney or any assistant district attorney, or
on the affidavit of any person responsible for administering this subpart. The person arrested
under such a warrant shall be brought before a judicial officer in the county. No order of
revocation shall be entered unless, after hearing, the judicial officer...
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45-45-233.30
Section 45-45-233.30 Revocation of release - Violation of condition of release. (a) A person
who has been conditionally released pursuant to Section 45-45-233.28 and who has violated
a condition of release, shall be subject to revocation of release and, in addition, may be
prosecuted for contempt of court. (b) Proceedings for revocation of release may be initiated
upon notice by the warrant magistrate, assistant warrant magistrate, or any person responsible
for administering this subpart, to the district attorney. A warrant for the arrest of a person
charged with violating a condition of release may be issued by an officer authorized to issue
warrants, on the affidavit of the district attorney or any assistant district attorney, or
on the affidavit of any person responsible for administering this subpart. The person arrested
under such a warrant shall be brought before a judicial officer in the county. No order of
revocation shall be entered unless, after hearing, the judicial officer...
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45-49-235.10
Section 45-49-235.10 Revocation of release - Violations of conditions. (a) A person who has
been conditionally released pursuant to this part and who has violated a condition of release,
shall be subject to revocation of the release and, in addition, may be prosecuted for contempt
of court. (b) Proceedings for revocation of release may be initiated upon notice to the district
attorney by the warrant magistrate, assistant warrant magistrate, or any other person responsible
for administering this part. A warrant for the arrest of a person charged with violating a
condition of release may be issued by an officer authorized to issue warrants, upon the affidavit
of the district attorney or any assistant district attorney, or upon the affidavit of any
person responsible for administering this part. The person arrested under such a warrant shall
be brought before a judicial officer. No order of revocation shall be entered unless, after
the hearing, the judicial officer finds that there is...
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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement,
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the...
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45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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