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8-15-13
Section 8-15-13 Public hearing on operations; notice of hearing; sworn testimony heard; authority
to subpoena witnesses; witness fees; production of books and records; appearance in person
or by counsel; failure to obey process; rules of evidence not applicable. (a) In the event
the Commissioner of Agriculture and Industries is of the opinion that a condition exists which
would jeopardize the interest of persons patronizing, or who may patronize, a public warehouse
by reason of the manner in which such public warehouse is being operated or that the same
is being operated without having complied with the laws or rules and regulations relating
to the operation of public warehouses, he shall order a public hearing thereon, to be held
in the office of the commissioner at Montgomery or at the courthouse of the county in which
the warehouse is being operated, to determine what action shall be taken relative to the said
warehouse. (b) It shall be the duty of the Commissioner of Agriculture...
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12-21-282
Section 12-21-282 Procedure for securing attendance of witness within state at criminal proceeding,
etc.; in another state; fees and allowances; effect of failure of summoned witness to attend
and testify. (a) If a judge in a court of record in any state which, by its laws, has made
provision for commanding persons within that state to attend and testify in this state certifies
under seal of such court that there is a criminal proceeding pending in such court or that
a grand jury investigation has commenced or is about to commence, that a person being within
this state is a material witness in such proceedings or grand jury investigation and that
his presence will be required for a specified number of days, upon presentation of such certificate
to any judge of a court of record in the county in which such person resides or the county
in which such person is found if he is not a resident of this state, such judge shall fix
a time and place for a hearing, and shall make an order...
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2-17-33
Section 2-17-33 Failure to attend and testify, answer lawful inquiry or produce documentary
evidence in obedience to subpoena, etc., of commissioner. Any person, firm or corporation
that shall neglect or refuse to attend and testify or to answer any lawful inquiry or to produce
documentary evidence, if in his or its power to do so, in obedience to the subpoena or lawful
requirement of the commissioner shall be guilty of an offense and, upon conviction thereof
by a court of competent jurisdiction, shall be punished by a fine of not more than $5,000.00
or by imprisonment for not more than one year or both. (Acts 1969, No. 1049, p. 1939, §29.)...
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26-2B-106
Section 26-2B-106 Taking testimony in another state. (a) In a guardianship or protective proceeding,
in addition to other procedures that may be available, testimony of a witness who is located
in another state may be offered by deposition or other means allowable in this state for testimony
taken in another state. The court on its own motion may order that the testimony of a witness
be taken in another state and may prescribe the manner in which and the terms upon which the
testimony is to be taken. (b) In a guardianship or protective proceeding, a court in this
state may permit a witness located in another state to be deposed or to testify by telephone
or audiovisual or other electronic means. A court of this state shall cooperate with the court
of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological
means that do not produce an original writing may not...
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34-14-11
Section 34-14-11 Powers and duties of board. (a) The board shall perform the following duties:
(1) Authorize all disbursements necessary to carry out the provisions of this chapter; (2)
Register persons who apply to the board who are qualified to engage in the fitting and sale
of hearing instruments; (3) Administer, coordinate, and enforce this chapter, evaluate the
qualifications and supervise the examinations of applicants for licensure under this chapter,
issue and renew licenses and permits under this chapter, and investigate allegations of violations
of this chapter; (4) Promulgate rules and regulations necessary to carry out the provisions
of this chapter and to establish consumer protection provisions, provisions for prohibited
practices, and requirements for businesses; (5) Issue and renew a dispenser's license to sell
and fit hearing instruments to any person who is duly licensed under the laws of this state
as an audiologist; and (6) Furnish a list of persons licensed under...
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45-4-233
Section 45-4-233 Work Release board; powers and duties; work release fund; escape of inmates
from custody. In Bibb County, the sheriff shall execute every order from every court in Bibb
County to subpoena witnesses as provided in Section 12-21-180, or the service may be made
by first class mail as follows: It shall be the duty of the sheriff of the county to enclose
the subpoenas in an envelope addressed to the person to be served and place all necessary
postage and a return address thereon. In the event the witness subpoena is returned to the
sheriff by the post office department of the United States without delivery, the subpoena
shall be by the sheriff returned NOT FOUND. All witness subpoenas not returned to the sheriff
by the post office department shall be considered for all purposes as sufficient personal
and legal service. It is specifically provided, however, that, if the party calling a witness
expressly requests in writing that the subpoena be delivered to such witness...
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17-16-70
Section 17-16-70 Commission has power to punish for contempt. If any witness, being summoned,
fails to attend, or being summoned with a subpoena duces tecum, fails and refuses to produce
the paper or document required to be produced by the subpoena, the commission shall have the
right and authority to punish the witness for contempt by a fine not exceeding five hundred
dollars ($500), or by imprisonment in any county jail in the state for a period not to exceed
30 days, one or both, and in case any witness shall fail to appear or produce any book or
document before any judge, clerk of court, or other person having a warrant from the commission,
the judge, clerk of court, or other person, must certify the fact to the commission, which
may thereupon punish such witness for contempt, as provided in this section. (Code 1896, §1679;
Code 1907, §485; Code 1923, §575; Code 1940, T. 17, §261; §17-15-57; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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41-5A-14
Section 41-5A-14 Subpoenas. (a) The chief examiner may issue subpoenas to compel the attendance
of witnesses and production of papers necessary as evidence in connection with a dispute,
claim, examination, audit, or the administration of this chapter. (b) In case a person refuses
to comply with a subpoena, the chief examiner may invoke the aid of any circuit court with
jurisdiction in order that the testimony or evidence be produced. Upon proper showing, the
court shall issue a subpoena or order requiring the person to appear before the chief examiner
or his or her representative and produce all evidence and give all testimony relating to the
matter at issue. (c) A person failing to comply with an order may be punished by the court
for contempt. (Act 2018-129, §1.)...
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34-14A-8.1
Section 34-14A-8.1 Public records; confidential records and closed proceedings; discovery.
(a) All administrative complaints, orders to show cause, notices of hearings, and statements
of charges, and all amendments thereto, and all orders of the board which are dispositive
of the issues raised thereby, shall be public record. (b) All records, reports, documents,
photographs, and information contained in complaint and investigation files, shall be confidential,
shall not be public record, and shall not be available for court subpoena or for discovery
in civil proceedings. Disciplinary action proceedings shall be closed. The record in such
proceedings, including witness testimony, exhibits, and pleadings, shall be confidential,
shall not be a public record, and shall not be available for court subpoena or for discovery
in civil proceedings. (c) Nothing contained herein shall apply to records made in the regular
course of business of an individual. Documents or records otherwise available...
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34-24-361.1
Section 34-24-361.1 Hearings closed; confidentiality of certain records. All hearings conducted
by the commission shall be closed. The record in such hearings, including witness testimony,
exhibits, and pleadings, shall be confidential, shall not be public record, and shall not
be available for court subpoena or for discovery proceedings. All administrative complaints,
orders to show cause, notices of hearings, and statements of charges, and all amendments thereto,
and all orders of the commission which are dispositive of the issues raised thereby, shall
be public record. Nothing contained herein shall apply to records made in the regular course
of business of an individual; documents or records otherwise available from original sources
are not to be construed as immune from discovery or use in any civil proceedings merely because
they were presented or considered during the proceedings of the State Board of Medical Examiners
or the Medical Licensure Commission. (Act 2002-140, p. 359,...
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