45-37A-100.05
Section 45-37A-100.05 Administrative hearings; contesting liability; fines and costs; affirmative defenses. (a) An administrative hearing officer appointed by the mayor of the city is vested with the power and jurisdiction to conduct administrative hearings of civil violations provided for in this article. (b) A person who receives a notice of violation may contest the imposition of the fine by submitting a request for an administrative hearing of the civil violation, in writing, within 15 days of the 10th day after the date the notice of violation is mailed. Upon receipt of a timely request, the city or its designee shall notify the person of the date and time of the administrative hearing by United States mail. (c) Failure to pay a fine or to contest liability in a timely manner is an admission of liability in the full amount of the fine assessed in the notice of violation. (d) Any fine imposed pursuant to this article shall not be collected if, after a hearing, the administrative...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-100.05.htm - 7K - Match Info - Similar pages
45-37A-331.32
Section 45-37A-331.32 Definitions. As used in this subpart, the following terms shall have the following meanings: (1) CITY. The City of Midfield, Alabama. (2) CIVIL FINE. The monetary amount assessed by the City of Midfield pursuant to this act for an adjudication of civil liability for a speeding violation, including municipal court costs associated with the infraction. (3) CIVIL VIOLATION. There is hereby created a non-criminal category of law called a civil violation created and existing for the sole purpose of carrying out the terms of this subpart. The penalty for violation of a civil violation shall be the payment of a civil fine, the enforceability of which shall be accomplished through civil action. The prosecution of a civil violation created hereby shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-37A-331.35, and in no event shall an adjudication of liability for a civil violation be punishable by a criminal fine or imprisonment. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.32.htm - 3K - Match Info - Similar pages
23-2-170
Section 23-2-170 Civil liability for toll violations. (a) The authority, department, private toll entity, or an agent or representative thereof may file a civil suit in the municipal court of the city in which the violation has occurred or district court of the county in which the violation occurred to collect the toll and all applicable fees after a citation has been issued and the required time period for response has elapsed, without the payment of filing fees. The action shall be governed by the Alabama Rules of Civil Procedure except as otherwise set out in this article. (b) Actions brought pursuant to this article shall be commenced within six years. (c) Imposition of liability pursuant to this section shall be based upon a preponderance of evidence submitted. (d) Adjudication of liability shall not be made a part of the driving record of the person upon whom liability is imposed, nor shall it be considered in any manner for insurance purposes in the provision of motor vehicle...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-2-170.htm - 1K - Match Info - Similar pages
23-2-172
Section 23-2-172 Enforcement of judgments. THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2024. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) If a municipal or district court determines that the person or entity charged with liability under this article is liable, the court shall enter a judgment against the person or entity and mail a copy of the judgment thereto. The court shall collect the unpaid tolls and administrative fee. The court may impose court costs and a civil penalty of up to one hundred dollars ($100) for each violation. Tolls, fees, and penalties shall be forwarded to the entity administering the tolls at the facility where the violation occurred. (b) Upon failure to satisfy a judgment within 60 days of its entry and upon the written request of the authority, department, private toll entity, or an agent or representative thereof, it shall be the duty of the clerk of the court, or of the judge of a court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-2-172.htm - 2K - Match Info - Similar pages
16-27A-7
Section 16-27A-7 Contesting a notice of violation; adjudication. (a) No person shall be responsible for payment of a civil fine for a notice of violation issued under this chapter if the operator of the vehicle that is the subject of the notice of violation is adjudicated to have not committed a violation or there is otherwise a lawful determination that no civil penalty may be imposed. Any person receiving a notice of violation pursuant to this chapter, in accordance with the procedure set out in this chapter and on the notice of violation, may contest the notice of violation by obtaining a hearing in the court. (b) District and municipal courts of this state are vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant to this chapter as a civil offense whenever the offense is alleged to have occurred within the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings to contest a notice of violation issued...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-27A-7.htm - 4K - Match Info - Similar pages
45-49-101.07
Section 45-49-101.07 Contesting notice of violation; procedures. (a) No person shall be responsible for payment of a civil fine for a notice of violation issued under this part if the operator of the vehicle that is the subject of the notice of violation is adjudicated to have not committed a violation or there is otherwise a lawful determination that no civil penalty may be imposed. Any person receiving a notice of violation pursuant to this part, in accordance with the procedure set out in this part and on the notice of violation, may contest the notice of violation by obtaining a hearing in the court. (b) District and municipal courts of Mobile County are hereby vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant to this part as a civil offense whenever the offense is alleged to have occurred within the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings to contest a notice of violation issued pursuant...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-101.07.htm - 4K - Match Info - Similar pages
22-21-33
Section 22-21-33 Penalties for operation of or referring persons to unlicensed hospital. (a)(1) Any individual, association, corporation, partnership, limited liability company, or other business entity who operates or causes to be operated a hospital of any kind as defined in this article or any rules promulgated hereunder, without having been granted a license by the State Board of Health shall be guilty of a Class B misdemeanor upon conviction, except that any individual, association, corporation, partnership, limited liability company, or other business entity who operates or causes to be operated a hospital of any kind as defined in this article or any rules promulgated hereunder without having been granted a license by the State Board of Health shall be guilty of a Class A misdemeanor upon conviction of a second or any subsequent offense. (2) The State Board of Health, upon determination that a facility or business is operating as a hospital, within the meaning of this article or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-33.htm - 7K - Match Info - Similar pages
23-2-169
Section 23-2-169 Use of toll collection facility without payment; collection. THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2024. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) The owner and operator of a vehicle driven on a toll road, bridge, causeway, or tunnel and through a toll collection point without payment of the required toll is jointly and severally liable to the authority, department, or private toll entity to pay the required toll, administrative fees, and civil penalty as provided in this article. The authority, department, or private toll entity or an agent or representative thereof may pursue collection of the required toll as provided for in this article. (b) A certified written report or a facsimile thereof, sworn to or affirmed by the authority, department, private toll entity, or an agent or representative thereof that a toll violation has occurred, based upon inspection of photographs, microphotographs,...
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45-24A-32.06
Section 45-24A-32.06 Order of municipal court; appeal. (a) Following an adjudicative hearing, the municipal court judge shall issue an order stating: (1) Whether the person charged with the civil violation is liable for the violation; and (2) If so, the amount of the civil penalty assessed against the person, along with the fees and costs of court provided for herein. (b) The orders issued under this section may be filed in the office of the Judge of Probate of Dallas County, and shall operate as a judicial lien in the same manner and with the same weight and effect as any other civil judgment filed therein. (c) A person who is found liable after an adjudicative hearing may appeal that finding of civil liability to the circuit court, by filing a notice of appeal with the clerk of the municipal court. The notice of appeal must be filed not later than the 14th day after the date on which the municipal court judge entered the finding of civil liability. The filing of a notice of appeal...
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16-27A-8
Section 16-27A-8 Appeals. Persons who contest a notice of violation and are adjudicated by the court to be responsible for the civil fine may appeal the adjudication for a trial de novo to the circuit court of the county in which the district or municipal court is located, using the procedures that apply to criminal convictions with the following qualifications: (1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard. (2) The person appealing must, as a condition precedent to appeal, pay the civil fine in full, and failure to do so shall divest the circuit court of jurisdiction. If on appeal the circuit court finds that the person is not responsible for payment of the civil fine, the county or municipality shall refund the same without interest within 15 days of receipt of notice of the disposition from the circuit court. If the person is adjudicated by the circuit court to be responsible for payment of...
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