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8-32-10
Section 8-32-10 Enforcement provisions. (a) The commissioner may conduct investigations or
examinations of providers, administrators, insurers, or other persons to enforce this chapter
and protect service contract holders in this state. Upon request of the commissioner, the
provider shall make all accounts, books, and records concerning service contracts sold in
this state by the provider available to the commissioner which are necessary to enable the
commissioner to reasonably determine compliance or noncompliance with this chapter. (b) Providers,
administrators, or insurers being examined shall pay to the commissioner the travel expense
to and from such examination, a living expense allowance at reasonable rates customary for
the examination in the state where the examination takes place and as established or adopted
by regulation of the commissioner, and the compensation of the examiners making the examination,
upon presentation by the commissioner of a detailed account of the...
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9-17-32
effect of authorizing the sale, purchase or acquisition or the transportation, refining, processing
or handling in any other way of such illegal oil, illegal gas or illegal product, but, to
the contrary, the fine shall be imposed for each prohibited transaction relating to such illegal
oil, illegal gas or illegal product. (c) Any person knowingly and willfully aiding or abetting
any other person in the violation of any statute of this state relating to the conservation
of oil or gas or the violation of any provision of this article or any rule, regulation or
order made under this article shall be subject to the same penalty prescribed in subsection
(a) of this section for the violation by such other person. (d) The payment of any fine shall
not impair or abridge any cause of action which any person may have against the person violating
a rule, regulation or order by reason of an injury resulting from such violation. (Acts
1945, No. 1, p. 1, §21; Acts 1990, No. 90-104, p. 104, §3.)...
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22-27-11
Section 22-27-11 Violations; penalties; administrative orders; injunctive relief. (a) Any violation
of this article, any rule promulgated under the authority of this article, any order issued
under the authority, or any term or condition of any permit issued under the authority of
this article is unlawful. In addition to any penalties lawfully assessed, any person committing
a violation shall be liable for all costs of abatement of any pollution and correction of
any public nuisance caused by the violation. (b) The department may issue administrative orders
under Section 22-22A-5 or initiate civil actions, or both, as it deems necessary against any
person in the enforcement of this article, or any regulation promulgated or permit issued
under the authority of this article. (c) In addition to any other remedies provided in this
article, the department or the health department may institute suit against any person for
a violation of law or, whenever a public nuisance is threatened or...
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35-11-372
Section 35-11-372 Release or satisfaction. (a) During the period of time allowed by Section
35-11-371 for perfecting the lien, including that period of time during which the hospital
is awaiting payment or denial by the patient's health care payor, and also after the lien
provided for by this division has been perfected by any lienholder entitled thereto, no release
or satisfaction of any action, claim, counterclaim, demand, judgment, settlement, or settlement
agreement, or of any of them, shall be valid or effectual as against the lien unless the lienholder
shall join therein or execute a release of the lien. (b) Any acceptance of a release or satisfaction
of any action, claim, counterclaim, demand, or judgment and any settlement of any of the foregoing
in the absence of a release or satisfaction of the lien referred to in this division shall
prima facie constitute an impairment of the lien, and the lienholder shall be entitled to
a civil action for damages on account of the...
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35-9A-405
Section 35-9A-405 Counterclaims for action for possession or rent. (a) In an action for possession
or in an action for rent when the tenant is in possession, the tenant may counterclaim for
any amount the tenant may recover under the rental agreement or this chapter. It is in the
court's discretion whether the tenant is to remain in possession. The tenant shall pay into
court rent accrued and thereafter accruing as it comes due. The court shall determine the
amount due to each party. The party to whom a net amount is owed shall be paid first from
the money paid into court, and the balance by the other party. If no rent remains due after
application of this section, judgment shall be entered for the tenant in the action for possession.
If the defense or counterclaim by the tenant is without merit and is not raised in good faith,
the landlord may recover reasonable attorney's fees. (b) In an action for rent when the tenant
is not in possession, the tenant may counterclaim as provided in...
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6-12A-6
constitute a separate violation. For each violation thereof, the commissioner may also impose
a civil penalty in an amount not to exceed the greater of 500 percent of the retail value
of the cigarettes sold or five thousand dollars ($5,000) upon a determination of violation
of subsection (c) of Section 6-12A-3 or any regulations adopted pursuant thereto. (b) Contraband
and seizure. Any cigarettes that have been sold, offered for sale, or possessed for sale in
this state, or imported for personal consumption in this state in violation of subsection
(c) of Section 6-12A-3 shall be deemed contraband, and the cigarettes shall be subject to
seizure and forfeiture as provided under subsection (c) of Section 8-19-12; provided, however,
that all such cigarettes shall be destroyed. (c) Injunction. The commissioner may seek an
injunction on behalf of the state to restrain a threatened or actual violation of subsection
(c) of Section 6-12A-3, or subsection (a) or (d) of Section 6-12A-5, by a...
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8-12-18
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may proceed
by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations
thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture,
use, display, or sale as may be by the court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from, and/or all damages suffered by reason
of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action.
In assessing profits, the owner shall be required to prove defendant's sales only; defendant
must prove all elements of cost or deduction claimed. The court may also order that any such
counterfeits or imitations in the possession or under the control of any defendant in such
case, be delivered to an officer of the court, or to the complainant, to be destroyed. (b)
In assessing damages the court may enter judgment, according to the...
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13A-11-235
Section 13A-11-235 Restitution; remedies. (a) A person convicted of a violation of this article
shall be ordered to make full restitution for damages, including incidental and consequential
expenses, incurred by the service dog and its user, which arise out of or are related to the
violation. (b) Restitution for a conviction under this article includes, but is not limited
to, any of the following: (1) The medical expenses of the service dog and its user, and the
value of the service dog to its user for the period in which the dog is unable to perform
its duties due to injuries suffered as a proximate cause of the violation, or if the violation
resulted in the death or permanent disability of the service dog, the value of the service
dog to its user. (2) The cost of any retraining of the service dog needed as a result of the
violation. (3) Compensation for wages or earned income lost by the service dog user as a proximate
cause of the violation. (4) Any other economic loss suffered by...
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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition under
this article must be verified. Certified copies of all orders sought to be enforced and of
any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
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31-2-89
Section 31-2-89 Actions against members of military court, etc., as to sentences, warrants,
etc.; actions against officers or enlisted men for acts performed in line of duty; defense
of actions against present or former members of National Guard at state expense. No action
or proceedings shall be prosecuted or maintained against a member of a military court or officer
or person acting under its authority or reviewing its proceedings on account of the approval
or imposition or execution of any sentence or any warrant, writ, execution, process, or mandate
of a military court, nor shall any officer or enlisted man be liable to civil action or criminal
prosecution for any act done while in the discharge of his military duty, which act was done
in the line of duty. If a civil action shall be commenced in any court by any person against
any present or former member of the National Guard of this state for any act done by such
present or former member while on any duty under this chapter, or...
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