Alabama § 41-9-1038 - Violations.
Full text of Alabama Code of Alabama § 41-9-1038 — Violations., with citation guidance and answers to common questions.
§ 41-9-1038. Violations.
(a) Any person may file a written and signed complaint with the commission alleging that any other person has violated Sections 41-9-1029 to 41-9-1037, inclusive. A complaint shall be made in the manner prescribed by the board and shall be referred by the commission to a standing investigative committee, consisting of a commission member, the executive director, the attorney for the commission, and an investigator or the chief inspector of the commission. If the investigative committee finds that no probable cause exists, the investigative committee may dismiss the charges and prepare a statement in writing, detailing the reasons for the decision.
(b)(1) If the investigative committee finds that probable cause exists, the commission shall initiate an administrative proceeding. If the commission determines the person has violated any provision of Sections 41-9-1029 to 41-9-1037, inclusive, the commission may do any of the following:
a. Issue a cease and desist order.
b. Suspend or revoke a license.
c. Impose an administrative fine of not more than ten thousand dollars ($10,000) per violation.
(2) The commission may petition the circuit court of the county where the violation occurred to enforce a cease and desist order and to collect any assessed fine.
(c) The criminal penalties in this section shall not be construed to repeal other criminal laws. Whenever conduct prescribed by this article is also prescribed by other provision of law, the provision which carries the more serious penalty shall be applied.
(d) Any person aggrieved by an adverse action of the commission may appeal the action to the Circuit Court of Montgomery County in accordance with the Alabama Administrative Procedure Act.
Frequently Asked Questions About Alabama § 41-9-1038
What does Code of Alabama § 41-9-1038 cover?
Section 41-9-1038 ("Violations.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 41-9-1038?
A common citation format is "Code of Alabama § 41-9-1038" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 41-9-1038 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.