Alabama § 35-21-3

§ 35-21-3.

(a) The commission shall have authority to investigate claims and administer, implement, and enforce this chapter with respect to all regulated conduct, individuals, and entities described in this chapter, regardless of licensure under any other provision of law. This authority shall not preclude other professional licensing authorities from pursuing professional licensing violations under Chapter 25 of Title 27, Chapter 3 of Title 34, Chapter 27 of Title 34, or Chapter 20 of Title 36.

(b) The commission may adopt rules necessary to carry out this chapter, including, but not limited to, rules governing:

(1) Consumer complaint intake and resolution procedures;

(2) Disclosure forms and content;

(3) Examination, reporting, and recordkeeping requirements;

(4) Fees, fines, penalty schedules, and remedial measures established by rule;

(5) A means of giving constructive notice of the commission’s administrative orders to third parties in a central location or searchable database; and

(6) Definitions and standards necessary to prevent circumvention of this chapter.

(c) The commission may:

(1) Conduct investigations and examinations and issue administrative orders detailing its findings;

(2) Require the production of documents and testimony;

(3) Issue subpoenas;

(4) Issue cease and desist orders;

(5) Impose administrative fines and penalties per violation;

(6) Order restitution, rescission, disgorgement, or other remedial relief;

(7) Prosecute criminal violations where authorized by law; and

(8) Coordinate with other agencies as authorized by law.

(d) The commission may bring an action in any court of appropriate jurisdiction to obtain an order imposing:

(1) Injunctive or other relief;

(2) Civil penalties;

(3) Restitution, rescission, or disgorgement;

(4) Enforcement of administrative orders;

(5) Recovery of investigative and enforcement costs; and

(6) Appointment of a receiver.

(e) Nothing in this chapter shall be construed to limit criminal prosecution under any law or to require exhaustion of administrative remedies prior to criminal enforcement.

(f) Nothing in this chapter shall apply to the acquisition of real property, easements, or rights-of-way for utility infrastructure.