8-6-16
Section 8-6-16 Administrative cease and desist authority to commission; injunctive relief;
appointment of receivers or conservators for defendants or defendants' assets; court ordered
rescission, restitution, or disgorgement for violations. Whenever it appears to the Securities
Commission that any person has engaged in or is about to engage in any act or practice constituting
a violation of any provision of this article or any rule or order hereunder, it may, in its
discretion, do either or both of the following: (a) Issue a cease and desist order, with or
without a prior hearing, against the person or persons engaged in the prohibited activities,
directing them to cease and desist from engaging in the act or practice. (b) Bring an action
in its discretion in any court of competent jurisdiction to enjoin the act or practice and
to enforce compliance with this article or any rule or order issued hereunder. Upon a proper
showing, a permanent injunction, temporary restraining order, or...
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6-6-252
Section 6-6-252 Intervention by claimant of property; disposition of property. When an action
is commenced for the recovery of personal property in specie under the provisions of subsection
(a) of Section 6-6-250, any person claiming an interest in the property may intervene as a
matter of right. Within five days after entry of the order authorizing intervention, the intervenor
may make affidavit that the property sued for belongs to him and give bond in favor of the
party then entitled to possession of the property pending an action, or, if neither party
is then entitled to possession of the property pending an action and the property is in the
custody of the sheriff, in favor of the party from whom the property was taken, the bond to
be in the amount and upon the terms provided in subsection (b) of Section 6-6-250, whereupon
the sheriff must deliver the property to the claimant unless, within five days after the sheriff
seizes the property for delivery to the claimant, the party to...
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27-17A-20
Section 27-17A-20 Hearing; procedures; penalties. (a) Whenever the commissioner has reason
to believe that any person has engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice as defined in this article, or is
engaging in the sale of preneed contracts without being properly licensed as required by this
article, or is otherwise acting in violation of this chapter, and that a proceeding by the
commissioner in respect thereto would be in the interest of the public, the commissioner shall
institute a proceeding in accordance with this section. (b) A statement of charges, notice,
or order or other process under this chapter may be served by anyone duly authorized by the
commissioner. Service may be made either in the manner provided by law for service of process
in civil actions or by certifying and mailing a copy of the statement to the person affected
by the statement, notice, or order or other process at his or her or its...
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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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34-2-36
Section 34-2-36 Penalties; hearing; enforcement; appeal. (a) On or after April 28, 1999, any
person who knowingly, willfully, or intentionally violates any provision of this chapter shall
be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and
separate offense. (b) When it appears to the board that any person is violating any of the
provisions of this chapter, the board may in its own name bring an action in the circuit court
for an injunction, and the court may enjoin any person from violating this chapter regardless
of whether the proceedings have been or may be instituted before the board or whether criminal
proceedings have been or may be instituted. (c) In addition to any other provisions of law,
the board may enter an order assessing a civil penalty against any nonregistered person, corporation,
or other entity found guilty by the board of, but not limited to, the following violations
of this chapter: (1) Engaging in the practice or offer to...
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6-2-30
Section 6-2-30 Commencement of actions - Generally; actions for injuries resulting from exposure
to asbestos. (a) All civil actions must be commenced after the cause of action has accrued
within the period prescribed in this article and not afterwards, unless otherwise specifically
provided for in this code. (b) A civil action for any injury to the person or rights of another
resulting from exposure to asbestos, including asbestos-containing products, shall be deemed
to accrue on the first date the injured party, through reasonable diligence, should have reason
to discover the injury giving rise to such civil action. This subsection shall not apply to
or affect in any way, actions referred to in Section 6-5-482. (Code 1852, §2474; Code 1867,
§2898; Code 1876, §3223; Code 1886, §2612; Code 1896, §2793; Code 1907, §4832; Code 1923,
§8941; Code 1940, T. 7, §18; Acts 1980, No. 80-566, p. 876, §2.)...
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8-6-22
Section 8-6-22 Duties of director; director empowered to swear out warrants of arrest; liability
of director for warrant. The Director of the Securities Commission shall keep the records
of the commission and generally perform such duties as the commission may direct. When ordered
by the commission, he shall be authorized and empowered to swear out warrants of arrest against
any person violating the criminal provisions of this article. He shall not be liable in damages
or to an action for damages by reason of swearing out such warrant or warrants or for causing
the arrest, detention, or imprisonment of any person or persons under such warrant or warrants.
(Acts 1959, No. 542, p. 1318, §20; Acts 1990, No. 90-527, p. 772, §1.)...
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7-4-104
Section 7-4-104 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Account" means any deposit or credit account with a bank,
including a demand, time, savings, passbook, share draft, or like account, other than an account
evidenced by a certificate of deposit; (2) "Afternoon" means the period of a day
between noon and midnight; (3) "Banking day" means the part of a day on which a
bank is open to the public for carrying on substantially all of its banking functions; (4)
"Clearing house" means an association of banks or other payors regularly clearing
items; (5) "Customer" means a person having an account with a bank or for whom a
bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for acceptance or payment
if specified documents, certificated securities (Section 7-8-102) or instructions for uncertificated
securities (Section 7-8-308), or...
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30-3-162
Section 30-3-162 Applicability. (a) Except as provided otherwise by this chapter, the provisions
of this article apply to all orders determining custody of or visitation with a child whether
such order was issued before or after September 1, 2003. To the extent that a provision of
this article conflicts with an existing order determining custody of or visitation with a
child or other enforceable agreement, this article does not apply to alter or amend the terms
of such order or agreement which addresses the rights of the parties or the child with regard
to a change in the primary residence of a child. Any person entitled to the legal or physical
custody of or visitation with a child may commence an action for modification to incorporate
the provisions of this article into an existing order determining the custody of or visitation
with a child. Except as provided in subsection (c) of Section 30-3-165, this article shall
not apply to a person who is on active military service in the...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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