(a) Whenever the board has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in this chapter, or is engaging in the sale of preneed contracts without being properly licensed as required by this chapter, or is otherwise acting in violation of this chapter, and that a proceeding by the board in respect thereto would be in the interest of the public, the board shall institute a proceeding in accordance with this section.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Alabama Code 34-13-201

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Subpoena: A command to a witness to appear and give testimony.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(b) A statement of charges, notice, or order or other process under this chapter may be served by anyone duly authorized by the board. Service may be made either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy of the statement to the person affected by the statement, notice, or order or other process at his or her or its residence or principal office or place of business. The verified return by the person so serving the statement, notice, or order or other process, setting forth the manner of the service, shall be proof of the service; and the return postcard receipt for the statement, notice, or order or other process, certified and mailed as provided in this subsection, shall be proof of service of the statement, notice, or order or other process.
(c) The board shall conduct or cause to have conducted a hearing in accordance with this chapter, and shall, during the conduct of the hearing, have those powers necessary to enforce this chapter and rules of the board; however, the penalties for failure to comply with a subpoena or with an order directing discovery shall be limited to a fine not to exceed one thousand dollars ($1,000) per violation. In accordance with Section 36-12-40, evidence introduced and presented in a hearing conducted under this chapter shall be deemed a public writing.
  Previous section
Next section  
 Division 2 Contents