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9-17-16
or any of its agents, employees or representatives or the Attorney General or any district
attorney, from enforcing any of the provisions of this article or any rule, regulation or
order made under this article, except after due notice to the members of the board and to
all other defendants and after a hearing at which it shall be clearly shown to the court that
the act done or threatened is without sanction of law and, if enforced against the complaining
party, will cause an irreparable injury. The judgment or order of the court granting
temporary injunctive relief shall state the nature and extent of the probable invalidity of
any provision of this article or of any rule, regulation or order made under this article
involved in such suit and shall also contain a clear statement of the probable damage relied
upon by the court as justifying the temporary relief. (b) No temporary injunctive relief of
any kind, including a temporary restraining order, against the board or the members...
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9-17-17
Section 9-17-17 Injunctions - Issuance against persons violating, etc., provisions of article,
rules, etc. Whenever it shall appear that any person is violating or threatening to violate
any provision of this article or any rule, regulation or order made under this article and
unless the board without litigation can effectively prevent further violation or threat of
violation, then the board, through the Attorney General, who may call to his assistance the
district attorney of the circuit in which civil action is instituted, shall bring in the name
of the State of Alabama against such person in the circuit court in the county of the residence
of the defendant or, if there is more than one defendant, in the circuit court of the county
of the residence of any of them or in the circuit court of the county in which such violation
is alleged to have occurred, a civil action to restrain such person from continuing such violation
or from carrying out the threat of violation. In such civil...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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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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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal,
of any employer subject to this chapter. The lien shall arise at the time the contribution
report, or the payment of the contributions, as the case may be, was due to have been filed
with or made to the Department of Labor. The secretary may file in the office of the judge
of probate of any county in this state a certificate which shall show the name of the department
for which it is filed, the amount and nature of the contributions, interest, and penalties
for which a lien is claimed together with any costs that may have accrued, the name of the
employer against whose property a lien for such contributions, interest, and penalties is
claimed and the date thereof. An error in the certificate of the amount shall not...
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40-27-1
a tax measured in any way by the capital of a corporation considered in its entirety. 6. "Gross
receipts tax" means a tax, other than a sales tax, which is imposed on or measured by
the gross volume of business, in terms of gross receipts or in other terms, and in the determination
of which no deduction is allowed which would constitute the tax an income tax. 7. "Sales
tax" means a tax imposed with respect to the transfer for a consideration of ownership,
possession or custody of tangible personal property or the rendering of services measured
by the price of the tangible personal property transferred or services rendered and
which is required by state or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales price, but does not include
a tax imposed exclusively on the sale of a specifically identified commodity or article or
class of commodities or articles. 8. "Use tax" means a nonrecurring tax, other than
a...
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16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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22-14-12
Section 22-14-12 Orders enjoining or directing compliance. Whenever, in the judgment of the
agency, any person has engaged in, or is about to engage in, any acts or practices which constitute,
or will constitute, a violation of any provision of this article, or any rule, regulation
or order issued thereunder, and at the request of the agency, the Attorney General, or the
district attorney under his direction, may make application to the circuit court for an order
enjoining such acts or practices or for an order directing compliance, and upon a showing
by the agency that such person has engaged, or is about to engage, in any such acts or practices,
a permanent or preliminary injunction, temporary restraining order or other order may be granted.
(Acts 1963, No. 582, p. 1269, §13.)...
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9-17-108
Section 9-17-108 Directive order of discontinuance; appeal; injunction; hearings by board;
imposition of penalties. (a) Due to the inherent nature of liquefied petroleum gas which could
cause a danger to the public or to a liquefied petroleum gas user, the board or the board
administrator shall have the administrative authority to issue a written directive order requiring
any person who violates any of the provisions of this article as amended from time to time
or any rule or regulation promulgated by the board to discontinue the operation of any LP-gas
business or LP-gas system immediately and prohibit such person from commencing operations
until said violations have been corrected. When a written directive is issued by the board
or the board administrator, it shall be immediately complied with by the recipient. When a
directive order has been issued against a person, the recipient may, within five days, appeal
to the circuit court of the county in which the said violations occurred....
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