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26-23A-10
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the common
or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction
under this chapter shall be admissible in a civil suit as prima facie evidence of a failure
to obtain an informed consent or parental or judicial consent. The civil action may be based
on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23A-10.htm - 1K - Match Info - Similar pages
32-7-11
disposition and return of security. Security deposited in compliance with the requirements
of this chapter shall be placed by the director in the custody of the State Treasurer and
shall be applicable only to the payment of a judgment or judgments rendered against the person
or persons on whose behalf the deposit was made, for damages arising out of the accident in
question in an action at law, begun not later than the period of time provided in Section
6-2-38(l), with regard to actions for injury to the person or rights of another not
arising from contract, or any successor statute of limitations, for general negligence, following
the date of such accident or within the period of time following the date of deposit of any
security under subdivision (3) of Section 32-7-8, or to the payment in settlement agreed to
by the depositor of a claim or claims arising out of such accident. Such deposit or any balance
thereof shall be returned to the depositor or his or her personal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-11.htm - 1K - Match Info - Similar pages
34-14-9
Section 34-14-9 Complaint and hearing; appeal; disciplinary actions. (a) Any person wishing
to make a complaint against a licensee or apprentice under this chapter shall reduce the same
to writing and file his or her complaint with the board within one year from the date of the
action upon which the complaint is based. If the board investigates and determines the charges
made in the complaint are sufficient to warrant a hearing to determine whether the license
issued under this chapter shall be suspended or revoked, it shall make an order fixing a time
and place for a hearing and require the licensee complained against to appear and defend against
the complaint. The order shall have annexed thereto a copy of the complaint. The order and
copy of the complaint shall be served upon the licensee at least 20 days before the date set
for hearing, either personally or by registered or certified mail sent to the licensee's last
known address. Continuances or adjournment of hearing date shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14-9.htm - 6K - Match Info - Similar pages
34-9-29
Section 34-9-29 Injunctions against violations of chapter. 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 said court of this state may enjoin
any person from violating this chapter regardless of whether proceedings have been or may
be instituted before the board or whether criminal proceedings have been or may be instituted.
For purposes of this section, person shall be deemed to include any individual, firm, partnership,
corporation, professional association, professional corporation or other entity. (Acts 1959,
No. 100, p. 569, §31; Acts 1985, No. 85-697, p. 1120, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-9-29.htm - 1K - Match Info - Similar pages
8-33-13
Section 8-33-13 Applicability. This chapter applies to all vehicle protection products sold
or offered for sale on or after January 1, 2007. The failure of any person to comply with
this chapter prior to January 1, 2007, shall not be admissible in any court proceeding, administrative
proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise
be used to prove that the action of any person or the affected vehicle protection product
was unlawful or otherwise improper. The adoption of this chapter does not imply that a vehicle
protection product warranty was insurance prior to January 1, 2007. The penalty provisions
of this chapter do not apply to any violation of this chapter relating to or in connection
with the sale or failure to disclose in a retail installment contract or lease, or contract
or agreement that provides for payments under a vehicle protection product warranty as long
as the sale of such product, contract, or agreement was otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-33-13.htm - 1K - Match Info - Similar pages
36-25-24
Section 36-25-24 Supervisor prohibited from discharging or discriminating against employee
where employee reports violation. (a) A supervisor shall not discharge, demote, transfer,
or otherwise discriminate against a public employee regarding such employee's compensation,
terms, conditions, or privileges of employment based on the employee's reporting a violation,
or what he or she believes in good faith to be a violation, of this chapter or giving truthful
statements or truthful testimony concerning an alleged ethics violation. (b) Nothing in this
chapter shall be construed in any manner to prevent or prohibit or otherwise limit a supervisor
from disciplining, discharging, transferring, or otherwise affecting the terms and conditions
of a public employee's employment so long as the disciplinary action does not result from
or is in no other manner connected with the public employee's filing a complaint with the
commission, giving truthful statements, and truthfully testifying. (c) No...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25-24.htm - 2K - Match Info - Similar pages
8-22-15
Section 8-22-15 Determination of cost to wholesaler, etc. (a) In determining cost to the wholesaler
and cost to the retailer, the court of jurisdiction shall receive and consider as bearing
on the bona fides of such cost, evidence tending to show that any person complained against
under this chapter purchased the motor fuel involved in the complaint, at a fictitious price,
or upon terms, or in such a manner, or under such invoices, as to conceal the true costs,
discounts or terms of purchase, and shall also receive and consider as bearing on the bona
fides of such costs, evidence of the normal, customary and prevailing terms and discounts
in connection with other sales of a similar nature in the market area. (b) Where a cost survey
pursuant to recognized statistical and cost accounting practices has been made for a market
area in which a violation of this chapter is committed or charged, to determine and establish
on the basis of actual existing conditions the lowest cost to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-22-15.htm - 1K - Match Info - Similar pages
27-32-30
Section 27-32-30 Claims upon liquidation of insurer - Allowance. (a) No contingent and unliquidated
claim shall share in a distribution of the assets of an insurer which has been adjudicated
to be insolvent by an order made pursuant to this chapter; except, that such claim shall be
considered, if properly presented, and may be allowed to share where: (1) Such claim becomes
absolute against the insurer on or before the last day for filing claims against the assets
of such insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon
the basis that such insurer is solvent. (b) Where an insurer has been so adjudicated to be
insolvent, any person who has a cause of action against an insured of such insurer under a
liability insurance policy issued by such insurer shall have the right to file a claim in
the liquidation proceeding, regardless of the fact that such claim may be contingent, and
such claim may be allowed: (1) If it may be reasonably inferred from the proof...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-30.htm - 2K - Match Info - Similar pages
32-7-27
to this section and the director shall not accept the certificate unless accompanied by evidence
that there are no unsatisfied judgments of any character against the depositor in the county
where the depositor resides. (b) The deposit shall be held by the State Treasurer to satisfy,
in accordance with the provisions of this chapter, any execution on a judgment issued against
the person making the deposit, for damages, including damages for care and loss of services,
because of bodily injury to or death of any person, or for damages because of injury
to or destruction of property, including the loss of use of property resulting from the ownership,
maintenance, use, or operation of a motor vehicle after the deposit was made. Money or securities
so deposited shall not be subject to attachment or execution unless the attachment or execution
shall arise out of an action for damages as provided in this subsection. (Acts 1951, No. 704,
p. 1224, §25; Acts 1993, 1st Ex. Sess., No....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-7-27.htm - 1K - Match Info - Similar pages
34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-31.htm - 10K - Match Info - Similar pages
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