9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not exceed
$5,000.00 for each violation. Each day of continuing violation may be deemed a separate violation
for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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13A-10-132
Section 13A-10-132 Crimes in connection with sham legal process, etc. (a) For the purposes
of this section, the following terms shall have the following meanings: (1) LAW ENFORCEMENT
OFFICER. The same as defined in Section 13A-10-1. (2) LAWFULLY ISSUED. Adopted, issued, or
rendered in accordance with the applicable statutes, rules, regulations, and ordinances of
the United States, a state, an agency, or a political subdivision of a state. (3) SHAM LEGAL
PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority, or
other use of an instrument that is not lawfully issued, whether or not the instrument is produced
for inspection or actually exists, which purports to be any one of the following: a. A summons,
subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this
state, a peace officer, or a legislative, executive, or administrative agency established
by state law. b. An assertion of jurisdiction or authority over or...
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2-26-13
Section 2-26-13 Violation of provisions of article or rules or regulations promulgated hereunder
deemed misdemeanor. Any person who shall perform any of the acts which are declared to be
unlawful by this article or who fails to perform any duty or requirements imposed by the provisions
of this article or who violates any rule or regulation duly promulgated hereunder or who shall
sell, offer for sale, distribute or solicit orders for agricultural, vegetable, herb, tree,
shrub or flower seed without having a permit as required by this article shall be guilty of
a misdemeanor and shall be punished as now prescribed by law for such offense. (Acts 1943,
No. 560, p. 552, §8; Acts 1963, No. 424, p. 931, §13.)...
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8-17-214
Section 8-17-214 Revocation of permit for reasons of purchasing, receiving, etc., illegal fireworks;
notice of revocation; refusal to issue new permit to holder whose permit is cancelled or revoked.
(a) The State Fire Marshal may revoke any permit issued under the provisions of this article
upon evidence that the holder has purchased, received, sold, used, shipped, or caused to be
shipped any illegal fireworks in violation of this article. Notice must be given in writing
to the holder of a permit stating cause of revocation; if the permit revoked is for a business
located within Alabama, a copy of said notice of revocation must be supplied to the judge
of probate of the county in which such permit holder's business is located. (b) The State
Fire Marshal, in his discretion, may refuse to issue another permit to the holder of a permit
which has been cancelled or revoked for the possession or sale of illegal fireworks for a
period not to exceed three years. (Acts 1981, No. 81-409, p. 638,...
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9-11-325
Section 9-11-325 Condition in permits to allow inspections; notice of and abatement of violations.
Each permit issued under this article shall include a condition authorizing anyone designated
by the Commissioner of Conservation and Natural Resources to enforce this article to enter
upon and inspect the facilities where the wildlife covered by such permit is held in captivity.
If the Commissioner of Conservation and Natural Resources or his designee uncovers a violation,
the Commissioner of Conservation and Natural Resources shall give reasonable time and adequate
notice, as he so determines, to the permittee to allow him to abate the violation. If, upon
the expiration of such time, the violation has not been abated, the Commissioner of Conservation
and Natural Resources may cause an action to be brought in the appropriate court to abate
such violation. (Acts 1971, No. 2246, p. 3602, §5.)...
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15-8-71
Section 15-8-71 Withdrawal and filing of indictment with leave to reinstate same. In all criminal
cases in the circuit court in which a capias or warrant of arrest has issued for two terms
and has been returned "not found," the district attorney may, by leave of the court,
withdraw and file the indictment, with leave to reinstate the same when the ends of justice
require such reinstatement. In all cases where a defendant is confined in one of the Alabama
state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney
may, by leave of the court, withdraw and file the indictment, with leave to reinstate the
same when the ends of justice require such reinstatement. (Code 1867, §4149; Code 1876, §4822;
Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T.
15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)...
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16-13-109
Section 16-13-109 Investment of unused proceeds in government securities. If any county or
city board of education has issued and sold school warrants under the provisions of this article
for school building purposes and if the proceeds of such warrants cannot now be used for school
building construction due to priority regulations of the government of the United States,
such board shall have the authority to invest the proceeds of such warrant sale in securities
issued by the government of the United States of America having a fixed redemption value at
the option of the holder of not less than the amount originally invested. County and city
boards of education shall have the authority to use for debt service purposes any interest
received on securities issued by the United States government in which the proceeds of school
warrant sales are invested. When it becomes practicable for such boards of education to construct
the school buildings for which said school warrants were originally...
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2-15-42
Section 2-15-42 Forfeiture of dealer's permit. Any dealer as defined in Section 2-15-40 who
willfully violates any of the rules and regulations of the Commissioner of Agriculture and
Industries lawfully made under the provisions of this article, shall forfeit the permit as
such dealer in addition to any other penalty or punishment provided by law. (Acts 1936, Ex.
Sess., No. 190, p. 222; Code 1940, T. 2, §391.)...
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22-27-13
Section 22-27-13 Search warrants. The department or any appropriate law enforcement agency
may apply for, and any judge of a court of record may issue, an appropriate search warrant
necessary to achieve the purposes of this article within the court's territorial jurisdiction.
The warrant shall be issued upon probable cause. (Act 2008-151, p. 244, §2.)...
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28-1-2
Section 28-1-2 Admissibility of evidence obtained by illegal searches in prosecutions under
title; when search deemed illegal. No evidence obtained by means of an illegal search of the
private dwelling of any person shall be admissible in any court in the prosecution of any
person for violating any of the provisions of this title. A search is deemed illegal, unless
a valid search warrant has been issued in full compliance with law, including Section 28-4-255,
and such warrant is executed according to law. (Acts 1909, No. 191, p. 63; Acts 1915, No.
2, p. 8; Code 1923, §4741; Code 1940, T. 29, §210; Acts 1951, No. 905, p. 1544.)...
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