8-15-6
Section 8-15-6 Permit - Notification of grant or denial; appeals. (a) The Commissioner of Agriculture
and Industries shall promptly notify any person applying for a permit to operate a public
warehouse whether or not such application has been granted. (b) In the event the Commissioner
of Agriculture and Industries refuses to grant such permit, the applicant may give written
notice, by filing the same with the chief clerk of the Department of Agriculture and Industries,
that he appeals from the decision of the commissioner to the State Board of Agriculture and
Industries. Such appeal must be heard at the next meeting of the board, at which time the
board shall investigate the facts and hear from both the commissioner or his duly authorized
agent and the applicant and, after due consideration, enter a written finding determining
whether or not such permit should be issued, spreading the same upon the minutes of the board.
(c) From the findings of the State Board of Agriculture and...
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2-16-3
Section 2-16-3 Permit required; refusal or revocation of permit; appeal and review. (a) No
person, firm or corporation shall operate a public hatchery, and no chick dealer or jobber
shall operate within this state without first obtaining an annual permit from the state Commissioner
of Agriculture and Industries to so operate. The fee to be paid for such annual permit shall
be established by the Board of Agriculture and Industries not to exceed sixty dollars ($60),
which shall be due and payable on January 1 of each year; and, unless such permit fee is paid
within 30 days, a 15 percent delinquent penalty shall be added. All permit fees, including
delinquent penalty fees, shall be paid into the Agricultural Fund of the State Treasury. The
permit may be revoked for a violation of this article or the regulations promulgated under
this article. (b) Any person who is refused a permit or whose permit is revoked may appeal
from the decision of such commissioner to the State Board of...
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8-15-5
Section 8-15-5 Permit - Investigation of building and applicant. (a) Upon the filing of an
application with the Commissioner of Agriculture and Industries to secure a permit for the
operation of a public warehouse, the commissioner or his duly authorized agent shall make
such investigation as necessary to ascertain whether or not the statements contained in such
application are true and correct, whether or not the building, structure, or protected enclosure
is reasonably suited or adequate for the purpose for which it is intended to be used and whether
or not there has been a compliance with all conditions as required by the law and the rules
and regulations of the State Board of Agriculture and Industries relative to public warehouses.
(b) The Commissioner of Agriculture and Industries may investigate and consider the responsibility,
reliability, and qualifications, as well as the capacity of the person or persons filing with
him an application, for a permit to operate a public...
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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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8-15-7
Section 8-15-7 Permit - Bond and proof of insurance; prerequisite to issuance of permit; filing
of additional bonds; actions on bond. (a) In the event the Commissioner of Agriculture and
Industries decides that a permit to operate a public warehouse should be issued, he shall
fix the amount of the bond, which shall be furnished by the applicant and approved by the
commissioner prior to the issuance of the permit. In addition to the requirement of bond,
the commissioner may require the applicant, as a prerequisite to the issuance of such bond,
to furnish legal proof of warehouseman's legal liability insurance in effect on the commodities
to be stored in any such public warehouse. (b) Such bond shall be made with some surety company
that has complied with the laws of the State of Alabama and which has a reputation for promptly
settling claims upon their merits and shall be payable to the State of Alabama in such sum
as the Commissioner of Agriculture and Industries may fix, but in no...
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8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
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8-15-9
Section 8-15-9 Permit - Issuance; term; expiration date. (a) Upon the filing and approval of
a bond with the Commissioner of Agriculture and Industries, the commissioner must issue a
permit which will authorize the applicant to operate a public warehouse at the place, building,
structure, or enclosure named in the application upon such applicant's securing from the probate
judge of the county a license required by law to transact such business. (b) Such permit shall
not be issued for a longer period than one year and shall expire on July 31 next after the
issuance thereof. (Ag. Code 1927, §395; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §575;
Acts 1945, No. 476, p. 708.)...
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8-15-3
Section 8-15-3 Permit - Required; application; fees. (a) The judge of probate of the county
may not issue a license permitting anyone to transact business as a public warehouseman unless
the person presents to the judge of probate a permit to transact such business issued by the
Commissioner of Agriculture and Industries showing that he or she has complied with all the
provisions of the law and rules and regulations promulgated by the State Board of Agriculture
and Industries relative to public warehouses. (b) Any person desiring to operate a public
warehouse shall file with the Commissioner of Agriculture and Industries, upon forms prescribed
by the commissioner, a written application, verified by affidavit, which shall set forth the
location and the name of such warehouse and the name of such person interested as owner or
principal in the management of the same or, if it is managed or controlled by a corporation,
the names of the president, secretary, and treasurer of such...
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2-15-132
Section 2-15-132 Dealer license required; denial or revocation of license; appeal. (a) No person
may engage in the business of a dealer as defined in Section 2-15-131 without having a license
therefor issued by the Commissioner of Agriculture and Industries, which license shall expire
on December 31 and shall be renewable as of January 1 of each year. (b) An application for
a license or annual renewal of a license as required under subsection (a) of this section
shall be filed with the commissioner upon a form furnished for this purpose accompanied by
a fee established by the Board of Agriculture and Industries payable before issuance of such
license. Such application shall state the full name and address of the person applying for
the license, the name of each member of the firm or all officers, if a corporation or association,
together with the location of the applicant's business operation and the general territory
or area in which the applicant intends to buy livestock, and it...
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2-28-7
Section 2-28-7 Denial or revocation of permits by commissioner and appeals therefrom. Upon
determination by the commissioner that any person certified or having a permit issued under
the provisions of this chapter or any person who has applied for such certification or a permit
has violated or failed to comply with any of the provisions or requirements of this chapter
or any rules and regulations promulgated thereunder, the commissioner shall be authorized
to revoke such certification or permit, or both, or he shall refuse to issue a certification
or a permit, or both, to an applicant therefor. The performance of unauthorized work not covered
by a permit, making misrepresentations or any fraudulent practices, failure to perform a contract,
failure to have in its employ, when required, a certified operator or branch supervisor or
use or continued use of ineffective methods or materials shall also be valid grounds for revocation
of a certification or a permit; provided, however, that no...
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