Ala. Code § 34-37-10 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-10
Section 34-37-10 Temporary Certificate
Status: reserved

Repealed by Act 2015-496 effective September 1, 2015.
Ala. Code § 34-24-210.1 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-210.1
Section 34-24-210.1 Evaluation and Treatment by Physical Therapist; Referrals
Status: in_force

(a) A physical therapist may not treat patients without a referral from a physical therapy referrer unless the physical therapist possesses a doctorate in physical therapy or a master’s degree from an accredited institution along with 10 years of clinical practice experience and is licensed as a physical therapist in this state having passed the examination of the Federation of State Boards of Physical Therapy.

(b) In addition to the requirements of Section 34-24-216, a physical therapist shall annually complete an additional two hours of continuing education focusing on the professional standard of care.

(c) In treating a patient, the physical therapist shall exercise the reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.

(d)(1) Except as otherwise provided in this section, and except with respect to patients seeking treatment for work-related injuries, infirmities, diseases, or conditions which do not provide any basis for establishing a claim or right to recover under the Alabama’s Workers Compensation Act, Section 25-5-1 et seq., a physical therapist meeting the educational requirements of subsection (a) without a referral may perform an initial screening evaluation or consultation for patients with non-work related injuries, infirmities, diseases, or conditions to determine the need for physical therapy, establish a plan of care, and initiate physical therapy services without a referral. An individual seeking treatment for physical therapy services who is paying cash shall have direct access without restriction.

(2) A physical therapist meeting the educational requirements of subsection (a) may perform physical therapy on a patient without a referral from a physical therapy referrer. If the patient does not have a beneficial response to the physical therapy in 30 calendar days, or 11 visits, whichever occurs first, the patient shall be referred to a health care provider as appropriate. These treatment limitations shall not apply to any of the following:

a. A child with a diagnosed developmental disability pursuant to the plan of care for the child developed by a physical therapy referrer.

b. A patient of a home health agency pursuant to the agency’s plan of care for the patient.

c. A patient of a nursing home pursuant to the plan of care for the patient developed by the medical staff of the nursing home.

d. A patient previously diagnosed with a chronic condition for which physical therapy services are appropriate after informing the physical therapy referrer rendering the diagnosis. The diagnosis shall have been made within the immediately preceding 120 days. The physical therapist shall provide the physical therapy referrer with a plan of care for physical therapy services within the first 15 days of treatment.

e. Education or activities in a wellness setting relating to conditioning for the purpose of prevention of injury, reduction of stress, or promotion of fitness.

(e) The physical therapist shall immediately refer a patient to other health care providers upon a measurable deterioration in the patient’s condition.

(f) A physical therapist treating a patient referenced in subdivision (d)(2) without a referral from a physical therapy referrer, prior to beginning treatment, shall provide written disclosure to the patient that the physical therapist’s assessment is not a medical diagnosis and is not based on any radiologic or medical imaging.

(g) Failure of a physical therapist to timely refer the patient to a physical therapy referrer when the patient exhibits or develops signs, symptoms, or conditions requiring treatment beyond the scope of practice of physical therapy shall constitute unprofessional conduct under the rules of the board.

(h) A physical therapist is prohibited from doing any of the following:

(1) Practicing medicine, osteopathy, dentistry, or chiropractic medicine.

(2) Ordering or interpreting any form of radiologic or medical imaging.

(3) Ordering or interpreting any diagnostic testing, including clinical laboratory tests.

(4) Ordering any type of medical procedure.

(5) Ordering, prescribing, or administering any prescription medication or drug; however, a physical therapist may administer topical medications for which a prescription is not required or for which the patient has a valid order or prescription.

(6) Admitting or discharging a patient from any health care facility licensed in this state.

(7) Performing physical therapy on any individual who suffered a concussion within the previous 45 days, unless cleared for physical therapy by a physician licensed to practice medicine or osteopathy.

(8) Performing sports physicals on or certifying a student athlete as capable of returning to play; however, a physical therapist may assist in sports physicals performed by licensed physicians or in assessing the extent of movement dysfunctions for student athletes to return to play when no other conditions exist.

(9) Performing physical therapy on any individual who has undergone a surgical procedure for a diagnosed condition within the previous 90 days without a referral from a physical therapy referrer; provided, this subdivision does not prevent an individual from seeking treatment for any other treatment unrelated to the surgical procedure.

(10) Directing or supervising more than four physical therapy assistants at one time.

(i) No physical therapy referrer shall be civilly liable for any act, omission, advice, care, or service provided by a physical therapist or other individual providing physical therapy services without a referral.

(j) For any physical therapist treating a patient without a referral from a physical therapy referrer, the physical therapist shall maintain professional liability insurance at a limit of no less than one hundred thousand dollars ($100,000) per occurrence and three hundred thousand dollars ($300,000) in aggregate. The board may adopt rules to increase, but may not decrease, the minimum professional liability insurance carried by a physical therapist treating a patient without a referral from a physical therapy referrer.

(k) A physical therapist possessing a doctoral degree may not use the terms “doctor” in any advertisements, representations, or statements made to the public related to the provision of physical therapy unless immediately followed by “Doctor of Physical Therapy”, “DPT”, or “PT” in the same size type and font.

(l) Nothing in this section shall permit a licensed athletic trainer employed by a physical therapist to operate outside of his or her respective scope of practice, or in conflict with the Alabama Athletic Trainers Licensure Act, including requirements to work under the direction of a licensed physician. A physical therapist may not require a licensed athletic trainer who is employed by the physical therapist to provide athletic training services to refer patients to the clinic or facility where the physical therapist is employed.

(m) Nothing contained in this section shall be construed to create a requirement that any health benefit plan, group insurance plan, policy, or contract for health care services that covers hospital, medical, or surgical expenses, health maintenance organizations, preferred provider organizations, medical service organizations, physician-hospital organizations, or any person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes group health care services to patients, insureds, or beneficiaries in this state, including entities created pursuant to Article 6 of Chapter 20, Title 10A, commencing with Section 10A-20-6.01, provide coverage or reimbursement for the services described or authorized in this section.
Ala. Code § 34-41-10 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-10
Section 34-41-10 Minimum Requirements to Be Eligible for License
Status: in_force

(a) An applicant is eligible for a license as a professional geologist in the State of Alabama if the applicant meets the following minimum requirements:

(1) Is of good moral character.

(2) Has graduated from an accredited college or university with a degree in geology, engineering geology, or one of the related geological sciences if the applicant has completed a minimum of 30 semester hours or their equivalent of course work in geological science. The appropriate college or university shall document educational experience by submitting a certified written reference or certified transcript directly to the board.

(3) Has at least five years of full-time professional geological work after receipt of a bachelor’s degree, either as a geologist-in-training or in geologic work related to the public practice of geology which is satisfactory to the board. The following criteria of education and experience qualify toward accumulation of the required years of professional work:

a. The board, at its discretion, may give a maximum of one year’s credit for each graduate degree in geology, engineering geology, or one of the related geological sciences.

b. The board may consider work in related fields as acceptable work experience.

c. In all cases, the board shall determine if the applicant has demonstrated his or her ability by having gained experience by performing work in a responsible position. The adequacy of the required supervision and experience shall be documented to the board as described hereinbelow.

d. Professional geologic research of applicants either teaching at the college or university level or in research agencies of state or federal government shall be credited and applied toward the professional requirements herein, provided the work or research in the geological sciences can be documented in writing and is demonstrated to be of a sufficiently responsible nature to be equivalent to the professional requirements as set forth above.

e. The professional geologic work experience of the applicant shall be documented in writing. Except as otherwise provided in this subdivision, work experience obtained before receipt of a bachelor’s degree shall not be accepted as credit toward professional geologic work experience.

(4) Passes an examination which is designed to demonstrate that the applicant has the necessary knowledge and requisite skill to exercise the responsibilities of the public practice of geology.

(5) Is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.

(b) The board shall waive the requirements of subdivision (4) of subsection (a) if the applicant meets all other requirements of this chapter and makes written application to the board not later than one year after the initial board requests applications.
Ala. Code § 34-41-5 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-5
Section 34-41-5 Powers of Board
Status: in_force

(a) The board shall elect from its membership a chair, a vice chair, and a secretary-treasurer. The board shall adopt rules to govern its proceedings. A majority of the appointed membership of the board shall constitute a quorum for all meetings.

(b) The board shall, by regulation, adopt an administrative code and a code of professional conduct, which shall be published by the board and distributed to every applicant for licensing and to every licensee under this chapter. The publication shall constitute due notice to all applicants and licensees. The board shall solicit comments from the profession at large concerning these codes and may revise and amend the codes.

(c) The board shall have the authority to prepare, administer, and grade oral or written examinations, or both, as required or permitted by this chapter to test an applicant’s academic preparation and ability to apply such training to the public practice of geology. The board may take any actions necessary to prepare, administer, and grade the examinations, to determine whether the qualifications of an applicant for licensing meet the minimum standards set forth in this chapter, and to issue a license to each successful applicant. The board shall have the authority to adopt or recognize, in part or in whole, examinations prepared, administered, or graded by other organizations, on a regional or national basis, which the board determines are appropriate to measure the qualifications of an applicant for licensing as a professional geologist or in any specialty of geology. The examination questions, correct answers, and any individual applicant’s completed examination shall be available to the board. The board shall retain the authority to determine a passing grade for purposes of registration as a professional geologist in this state.

(d) The board shall consider all applications for licensing as a professional geologist or certification in any specialty thereof recognized by the board pursuant to this chapter and issue licenses as provided in this chapter. The board shall adopt a seal which shall be affixed to all licenses issued by the board.

(e) The board may authorize necessary expenditures to implement this chapter from the fees which it collects. The expenditures shall not exceed the revenues of the board during any fiscal year.

(f) The board shall meet within 30 days after a quorum of its first members is appointed, and thereafter shall hold at least three regular meetings each year. The board may provide for additional special meetings including hearings, extra working days for applications review, and examination proctoring. Minutes of each meeting of the board, recording the members present and the business taken, shall be signed and kept by the secretary-treasurer or an assistant secretary appointed by the board.

(g) The board shall establish and receive reasonable and necessary fees to be charged the applicants and registrants to support the administration and enforcement of this chapter. The secretary-treasurer shall prepare, certify, and file an annual report of all the receipts, expenditures, and fund balances with the state Comptroller.

(h) The board shall approve licensing through comity for any individual already licensed as a professional geologist or the equivalent in any other state, territory, or possession of the United States, or the District of Columbia, if the license is current and, in the opinion of the board, the license was issued in compliance with licensing requirements that are substantially the same as, or more stringent than, those established pursuant to this chapter. The board may require additional proof of experience, if desired.

(i) The board shall renew and reissue certificates as provided in this chapter. As a condition of reissuance or renewal, the board shall have the authority to require, in general or in individual cases, evidence of continued competence in the practice of geology through means such as, but not limited to, the review of qualifications, experiences, and requirements for continuing professional education.

(j) Each present and former member of the board, its agents, employees, and members of committees appointed by the board to assist the board in carrying out its duties and responsibilities, shall be exempt from civil liability for any act or omission occurring while acting in an official capacity. The Attorney General or his or her appointed designee shall, without assessing charges to the board for legal services, defend the board and each present and former member of the board, its agents, employees, and members of committees appointed by the board in any action arising from any act or omission. The Attorney General or his or her appointed designee shall act as legal advisor to the board.

(k) The board may investigate all reasonably documented complaints of violations of this chapter and of unprofessional conduct by licensed and nonlicensed geologists. The board shall have the authority to refuse issuance or renewal of a license or to suspend or revoke a license. The board may impose sanctions including restrictions on the practice of any registrant or of a person, firm, or corporation practicing under the limitations of this chapter, for violations of this chapter or the rules and regulations promulgated hereunder.

(l) The board shall have the power to administer oaths and affirmations and to issue subpoenas to compel the attendance of witnesses and the production of evidence, and shall have the authority to issue cease and desist orders and to seek injunctions against violations of this chapter or the rules and regulations promulgated hereunder, as provided herein.

(m) The board shall, within one year of its appointment, establish between it and the Alabama State Board of Professional Engineers and Land Surveyors, a memorandum of understanding, containing guidelines for resolving jurisdictional concerns that may arise between registered engineers and registered geologists.

(n) The board shall have all other powers and authority consistent with this section, not enumerated herein, as are necessary for the administration and enforcement of this chapter.
Ala. Code § 34-24-53.2 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-53.2
Section 34-24-53.2 Board of Medical Examiners -- Ethics
Status: in_force

Commencing June 1, 2025, each member and employee of the State Board of Medical Examiners is subject to the state ethics laws, Chapter 25 of Title 36, or any successor act thereof providing an ethics code for public servants.
Ala. Code § 34-28A-5 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-5
Section 34-28A-5 Proceedings to Enjoin or Restrain Violations of Chapter
Status: in_force

The board, the Attorney General, or the local district attorney may apply to the circuit court in the county in which a violation of this chapter is alleged to have occurred for an order enjoining or restraining the commission or continuance of the acts complained of. Thereupon, the court has jurisdiction over the proceedings and may grant any temporary or permanent injunction or restraining order, without bond, as it deems just and proper. The remedy provided by this section is in addition to and independent of any other remedies available for the enforcement of this chapter.
Ala. Code § 34-3-61 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-61
Section 34-3-61 Liens
Status: in_force

(a) Attorneys-at-law shall have a lien on all papers and money of their clients in their possession for services rendered to them, in reference thereto, and may retain such papers until the claims are satisfied, and may apply such money to the satisfaction of the claims.

(b) Upon actions and judgments for money, they shall have a lien superior to all liens but tax liens, and no person shall be at liberty to satisfy the action or judgment, until the lien or claim of the attorney for his or her fees is fully satisfied; and attorneys-at-law shall have the same right and power over action or judgment to enforce their liens as their clients had or may have for the amount due thereon to them.

(c) Upon all actions for the recovery of real or personal property, and upon all judgments for the recovery of the same, attorneys-at-law shall have a lien on the property recovered, for their fees, superior to all liens but liens for taxes, which may be enforced by the attorneys-at-law, or their lawful representatives, as liens on personal and real estate, and the property recovered shall remain subject to the liens, unless transferred to bona fide purchasers without notice.

(d) The lien in the event of an action, provided in subsections (b) and (c) of this section, shall not attach until the service upon the defendant or respondent of summons, writ or other process. However, when any claim is settled between the parties after the filing of an action but before the defendant has actual notice of the filing of the action by service of summons or otherwise, such settlement shall operate as a full discharge of the claim.
Ala. Code § 34-7B-29 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-29
Section 34-7B-29 Continuation of Board
Status: in_force

The existence and functioning of the Alabama Board of Cosmetology, created and functioning pursuant to Sections 34-7A-1 to 34-7A-25, inclusive, is continued pursuant to this chapter. All rights, duties, property, real or personal, and all other effects existing in the name of the Alabama Board of Cosmetology, or in any other name by which the board has been known, shall continue in the name of the Alabama Board of Cosmetology and Barbering. Any reference to the Alabama Board of Cosmetology, or any other name by which the board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Board of Cosmetology and Barbering as created in this chapter. All actions of the Alabama Board of Cosmetology lawfully done prior to August 1, 2013, by the board or by the executive director or administrative assistant are approved, ratified, and confirmed. The board as constituted on August 1, 2013, shall constitute the board under this chapter.
Ala. Code § 34-32-15 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-15
Section 34-32-15 Prosecution of Violations
Status: in_force

It shall be the duty of the respective officers charged with the enforcement of laws and ordinances to prosecute all persons charged with the violation of any of the provisions of this chapter. It shall be the duty of the secretary of the board, under the direction of the board, to aid such officers in the enforcement of this chapter.
Ala. Code § 34-21-121 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-121
Section 34-21-121 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the following meanings:

(1) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by the law of a state which is imposed by a licensing board or other authority against a nurse, including actions against the license or multistate licensure privilege of an individual, including revocation, suspension, probation, monitoring of a licensee, limitations on the practice of the licensee, the bringing of a cease and desist action against the licensee, or any other encumbrance on licensure affecting the authorization of a nurse to practice.

(2) ALTERNATIVE PROGRAM. A nondisciplinary monitoring program approved by a licensing board.

(3) COMMISSION. The Interstate Commission of Nurse Licensure Compact Administrators.

(4) COMPACT. The Enhanced Nurse Licensure Compact created by this article.

(5) COORDINATED LICENSURE INFORMATION SYSTEM. An integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

(6) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Includes any of the following:

a. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

b. Investigative information indicating that a nurse represents an immediate threat to public health and safety, regardless of whether the nurse has been notified and has had an opportunity to respond.

(7) ENCUMBRANCE. A revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.

(8) HOME STATE. The party state which is the primary state of residence of a nurse.

(9) LICENSING BOARD. The regulatory body of a party state that is responsible for issuing nurse licenses.

(10) MULTISTATE LICENSE. A license to practice as a registered nurse or licensed practical nurse issued by a home state licensing board that allows a licensed nurse to practice in any state authorized to grant multistate licensure privileges under the compact.

(11) MULTISTATE LICENSURE PRIVILEGE. A legal authorization associated with a multistate license that allows the practice of nursing as a registered nurse or licensed practical nurse in a remote state.

(12) NURSE. A registered nurse or licensed practical nurse as those terms are defined by the practice laws of the party state.

(13) PARTY STATE. Any state that has adopted this compact.

(14) REMOTE STATE. A party state, other than the home state.

(15) SINGLE STATE LICENSE. A nurse license issued by a state participating in the compact that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other state.

(16) STATE. A state, territory, or possession of the United States and the District of Columbia.

(17) STATE PRACTICE LAWS. The laws, rules, and regulations of a party state that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. The term does not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
Ala. Code § 34-33A-2 — Alabama Code / Title 34 / Chapter 33A / Section 34-33A-2
Section 34-33A-2 Administration and Enforcement
Status: in_force

The administration of this chapter is vested in the State Fire Marshal who shall have the power to set or make changes in the amount of the fee charged as necessary for the administration and enforcement of this chapter.
Ala. Code § 34-39-31 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-31
Section 34-39-31 Definitions
Status: in_force

As used in this compact, and except as otherwise provided, the following definitions shall have the following meanings:

(1) ACTIVE DUTY MILITARY. A full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 10 U.S.C. Chapter 1211.

(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual’s license or compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

(3) ALTERNATIVE PROGRAM. A non-disciplinary monitoring process approved by an occupational therapy licensing board.

(4) COMPACT PRIVILEGE. The authorization, which is equivalent to a license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or practice as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

(5) CONTINUING COMPETENCE/EDUCATION. A requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

(6) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. Investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

(7) DATA SYSTEM. A repository of information about licensees, including, but not limited to, license status, investigative information, compact privileges, and adverse actions.

(8) ENCUMBERED LICENSE. A license in which an adverse action restricts the practice of occupational therapy by the licensee or the adverse action has been reported to the National Practitioners Data Bank (NPDB).

(9) EXECUTIVE COMMITTEE. A group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

(10) HOME STATE. The member state that is the licensee’s primary state of residence.

(11) IMPAIRED PRACTITIONER. Individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.

(12) INVESTIGATIVE INFORMATION. Information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation.

(13) JURISPRUDENCE REQUIREMENT. The assessment of an individual’s knowledge of the laws and rules governing the practice of occupational therapy in a state.

(14) LICENSEE. An individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant.

(15) MEMBER STATE. A state that has enacted the compact.

(16) OCCUPATIONAL THERAPIST. An individual who is licensed by a state to practice occupational therapy.

(17) OCCUPATIONAL THERAPY ASSISTANT. An individual who is licensed by a state to assist in the practice of occupational therapy.

(18) OCCUPATIONAL THERAPY COMPACT COMMISSION or COMMISSION. The national administrative body whose membership consists of all states that have enacted the compact.

(19) OCCUPATIONAL THERAPY LICENSING BOARD or LICENSING BOARD. The agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants.

(20) OCCUPATIONAL THERAPY, OCCUPATIONAL THERAPY PRACTICE, and PRACTICE OF OCCUPATIONAL THERAPY. The care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state’s statutes and rules.

(21) PRIMARY STATE OF RESIDENCE. The state (also known as the home state) in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by: driver license, federal income tax return, lease, deed, mortgage, or voter registration, or other verifying documentation as further defined by commission rules.

(22) REMOTE STATE. A member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

(23) RULE. A regulation adopted by the commission that has the force of law.

(24) SINGLE STATE LICENSE. An occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state.

(25) STATE. Any state, commonwealth, district, or territory of the United States that regulates the practice of occupational therapy.

(26) TELEHEALTH. The application of telecommunication technology to deliver occupational therapy services for assessment, intervention, and/or consultation.
Ala. Code § 34-27-36 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-36
Section 34-27-36 Disciplinary Action - Generally
Status: in_force

(a)(1) The commission or its staff, on its own or on the verified complaint in writing of any person, may investigate the actions and records of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and the production of records and documents during an investigation. If probable cause is found, a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.

(2) In each instance in which a licensee is found in violation of any of the conduct prohibited in subsection (b), the commission may impose any of the following penalties:

a. A fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000).

b. Require the licensee to complete an approved education course or courses in addition to completing the existing continuing education requirements.

c. Issue a public reprimand.

d. Revoke or suspend any or all licenses held under this chapter by the licensee. The suspension may continue until such time as the licensee has completed an approved continuing education course, has made restitution to accounts containing funds to be held for other parties, or both. The commission may also stay the revocation or suspension of a license and require completion of an approved education course, require the making of restitution to accounts containing funds to be held for other parties, or both.

(b) A licensee is prohibited from doing all of the following:

(1) Procuring or attempting to procure a license for himself or herself or another by fraud, misrepresentation, or deceit, or by making a material misstatement of fact in an application for a license.

(2) Engaging in misrepresentation or dishonest or fraudulent acts when selling, buying, trading, or renting real property of his or her own or of a spouse, child, or parent.

(3) Making a material misrepresentation or failing to disclose to a potential purchaser or lessee any latent structural defect or any other defect known to the licensee. Latent structural defects and other defects do not refer to trivial or insignificant defects but refer to those defects that would be a significant factor to a reasonable and prudent person in making a decision to purchase or lease.

(4) Making any false promises of a character likely to influence, persuade, or induce any person to enter into any contract or agreement.

(5) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents or salespersons or any medium of advertising or otherwise.

(6) Publishing or causing to be published any advertisement that deceives or that is likely to deceive the public, or that in any manner tends to create a misleading impression.

(7) Acting for more than one party in a transaction without the knowledge and written consent of all parties for whom he or she acts.

(8)a. Failing, within a reasonable time, to properly account for or remit money coming into his or her possession which belongs to others, or commingling money belonging to others with his or her own funds.

b. Failing to deposit and account for at all times all funds belonging to, or being held for others, in a separate federally insured account or accounts in a financial institution located in Alabama.

c. Failing to keep for at least three years a complete record of funds belonging to others showing to whom the money belongs, date deposited, date of withdrawal, and other pertinent information.

(9) Placing a sign on any property offering it for sale, lease, or rent without the consent of the owner.

(10) Failing to voluntarily furnish a copy of each listing, contract, lease, and other document to each party executing the document with reasonable promptness.

(11) Paying any profit, compensation, commission, or fee to, or dividing any profit, compensation, commission, or fee with, anyone other than a licensee or multiple listing service. This subdivision shall not prevent an associate broker or salesperson from owning any lawfully constituted business organization, including, but not limited to, a corporation or limited liability company or limited liability corporation, for the purpose of receiving payments contemplated in this subsection. The business organization shall not be required to be licensed under this chapter, and shall not engage in any other activity requiring a real estate license.

(12) Paying or receiving any rebate from any person in a real estate transaction. (13) Inducing any party to a contract to breach the contract for the purpose of substituting a new contract where the substitution is motivated by the personal gain of the licensee. (14) If the licensee is a salesperson or associate broker, accepting a commission or other valuable consideration for performing any act for which a license is required from any person or company except his or her qualifying broker. (15) If the licensee is a qualifying broker or company, allowing a salesperson or associate broker licensed under him or her to advertise himself or herself as a real estate agent without the name or trade name of the qualifying broker or company appearing prominently on the advertising; or if the licensee is a salesperson or associate broker, advertising himself or herself as a real estate agent without the name or trade name of the qualifying broker or company under whom the salesperson or associate broker is licensed appearing prominently on the advertising. For purposes of this subdivision, “prominently” means using a font size that is equal to or larger than any other name, text, or logo, other than terms like “for sale” or “for lease,” in the advertisement and situated and sized for the purpose of gaining the attention of consumers viewing the advertisement. (16) Establishing an association, by employment or otherwise, with an unlicensed person who is expected or required to act as a licensee, or aiding, abetting, or conspiring with a person to circumvent the requirements of this chapter. (17) Failing to disclose to an owner the licensee’s intention to acquire, directly or indirectly, an interest in property which he or she or his or her associates have been employed to sell. (18) Violating or disregarding any provision of this chapter or any rule, regulation, or order of the commission. (19) If a broker accepts a “net listing” agreement for sale of real property or any interest therein. A “net listing” agreement stipulates a net price to be received by the owner with the excess due to be received by the broker as his or her commission. (20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate. (21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(13) Inducing any party to a contract to breach the contract for the purpose of substituting a new contract where the substitution is motivated by the personal gain of the licensee. (14) If the licensee is a salesperson or associate broker, accepting a commission or other valuable consideration for performing any act for which a license is required from any person or company except his or her qualifying broker. (15) If the licensee is a qualifying broker or company, allowing a salesperson or associate broker licensed under him or her to advertise himself or herself as a real estate agent without the name or trade name of the qualifying broker or company appearing prominently on the advertising; or if the licensee is a salesperson or associate broker, advertising himself or herself as a real estate agent without the name or trade name of the qualifying broker or company under whom the salesperson or associate broker is licensed appearing prominently on the advertising. For purposes of this subdivision, “prominently” means using a font size that is equal to or larger than any other name, text, or logo, other than terms like “for sale” or “for lease,” in the advertisement and situated and sized for the purpose of gaining the attention of consumers viewing the advertisement. (16) Establishing an association, by employment or otherwise, with an unlicensed person who is expected or required to act as a licensee, or aiding, abetting, or conspiring with a person to circumvent the requirements of this chapter. (17) Failing to disclose to an owner the licensee’s intention to acquire, directly or indirectly, an interest in property which he or she or his or her associates have been employed to sell. (18) Violating or disregarding any provision of this chapter or any rule, regulation, or order of the commission. (19) If a broker accepts a “net listing” agreement for sale of real property or any interest therein. A “net listing” agreement stipulates a net price to be received by the owner with the excess due to be received by the broker as his or her commission. (20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate. (21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(14) If the licensee is a salesperson or associate broker, accepting a commission or other valuable consideration for performing any act for which a license is required from any person or company except his or her qualifying broker. (15) If the licensee is a qualifying broker or company, allowing a salesperson or associate broker licensed under him or her to advertise himself or herself as a real estate agent without the name or trade name of the qualifying broker or company appearing prominently on the advertising; or if the licensee is a salesperson or associate broker, advertising himself or herself as a real estate agent without the name or trade name of the qualifying broker or company under whom the salesperson or associate broker is licensed appearing prominently on the advertising. For purposes of this subdivision, “prominently” means using a font size that is equal to or larger than any other name, text, or logo, other than terms like “for sale” or “for lease,” in the advertisement and situated and sized for the purpose of gaining the attention of consumers viewing the advertisement. (16) Establishing an association, by employment or otherwise, with an unlicensed person who is expected or required to act as a licensee, or aiding, abetting, or conspiring with a person to circumvent the requirements of this chapter. (17) Failing to disclose to an owner the licensee’s intention to acquire, directly or indirectly, an interest in property which he or she or his or her associates have been employed to sell. (18) Violating or disregarding any provision of this chapter or any rule, regulation, or order of the commission. (19) If a broker accepts a “net listing” agreement for sale of real property or any interest therein. A “net listing” agreement stipulates a net price to be received by the owner with the excess due to be received by the broker as his or her commission. (20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate. (21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(15) If the licensee is a qualifying broker or company, allowing a salesperson or associate broker licensed under him or her to advertise himself or herself as a real estate agent without the name or trade name of the qualifying broker or company appearing prominently on the advertising; or if the licensee is a salesperson or associate broker, advertising himself or herself as a real estate agent without the name or trade name of the qualifying broker or company under whom the salesperson or associate broker is licensed appearing prominently on the advertising. For purposes of this subdivision, “prominently” means using a font size that is equal to or larger than any other name, text, or logo, other than terms like “for sale” or “for lease,” in the advertisement and situated and sized for the purpose of gaining the attention of consumers viewing the advertisement. (16) Establishing an association, by employment or otherwise, with an unlicensed person who is expected or required to act as a licensee, or aiding, abetting, or conspiring with a person to circumvent the requirements of this chapter. (17) Failing to disclose to an owner the licensee’s intention to acquire, directly or indirectly, an interest in property which he or she or his or her associates have been employed to sell. (18) Violating or disregarding any provision of this chapter or any rule, regulation, or order of the commission. (19) If a broker accepts a “net listing” agreement for sale of real property or any interest therein. A “net listing” agreement stipulates a net price to be received by the owner with the excess due to be received by the broker as his or her commission. (20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate. (21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(16) Establishing an association, by employment or otherwise, with an unlicensed person who is expected or required to act as a licensee, or aiding, abetting, or conspiring with a person to circumvent the requirements of this chapter. (17) Failing to disclose to an owner the licensee’s intention to acquire, directly or indirectly, an interest in property which he or she or his or her associates have been employed to sell. (18) Violating or disregarding any provision of this chapter or any rule, regulation, or order of the commission. (19) If a broker accepts a “net listing” agreement for sale of real property or any interest therein. A “net listing” agreement stipulates a net price to be received by the owner with the excess due to be received by the broker as his or her commission. (20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate. (21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(17) Failing to disclose to an owner the licensee’s intention to acquire, directly or indirectly, an interest in property which he or she or his or her associates have been employed to sell. (18) Violating or disregarding any provision of this chapter or any rule, regulation, or order of the commission. (19) If a broker accepts a “net listing” agreement for sale of real property or any interest therein. A “net listing” agreement stipulates a net price to be received by the owner with the excess due to be received by the broker as his or her commission. (20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate. (21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(18) Violating or disregarding any provision of this chapter or any rule, regulation, or order of the commission. (19) If a broker accepts a “net listing” agreement for sale of real property or any interest therein. A “net listing” agreement stipulates a net price to be received by the owner with the excess due to be received by the broker as his or her commission. (20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate. (21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(19) If a broker accepts a “net listing” agreement for sale of real property or any interest therein. A “net listing” agreement stipulates a net price to be received by the owner with the excess due to be received by the broker as his or her commission. (20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate. (21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(20) Misrepresenting or failing to disclose to any lender, guaranteeing agency, or any other interested party, the true terms of a sale of real estate. (21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(21) Failing to inform the buyer or seller at the time an offer is presented that he or she will be expected to pay certain closing costs and the approximate amount of those costs. (22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(22)a. Having entered a plea of guilty or nolo contendere to, or having been found guilty of or convicted of, a felony or a crime involving moral turpitude. b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

b. Having a final money judgment rendered against him or her which results from an act or omission occurring in the pursuit of his or her real estate business or involves the goodwill of an existing real estate business. (23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(23) Offering free lots or conducting lotteries for the purpose of influencing a party to purchase or lease real estate. (24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(24) Failing to include a fixed date of expiration in a written listing agreement or failing to leave a copy of the agreement with the principal. (25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(25) Conduct that constitutes or demonstrates dishonest dealings, bad faith, or untrustworthiness. (26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(26) Acting negligently or incompetently in performing an act for which a person is required to hold a real estate license. (27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(27) Failing or refusing on demand to produce a document, book, or record in his or her possession concerning a real estate transaction conducted by him or her for inspection by the commission or its authorized personnel or representative. (28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(28) Failing within a reasonable time to provide information requested by the commission during an investigation or after a formal complaint has been filed. (29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(29) Failing without cause to surrender to the rightful owner, on demand, a document or instrument coming into his or her possession. (30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(30) If a qualifying broker or company, failing to keep in his, her, or its files copies of all contracts, leases, listings, and other records pertinent to real estate transactions for a period of three years. (c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(c) If it appears that a person or business entity has engaged, or is about to engage, in an act or practice constituting a violation of Article 1 or 2 of this chapter or any 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 Articles 1 and 2 of this chapter or any rule or order of the commission. To prevail in an 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. (d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(d)(1) Notwithstanding any other provisions of law, the commission may issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. The order shall be entered by the executive director after a finding of probable cause by the commission staff. The order shall become final 15 days after its service upon the accused, unless the accused requests a hearing before the commission. Upon hearing the case and finding violations, the commission may make the cease and desist order final and the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(2) Notwithstanding any other provisions of law, the commission may decline to issue an order requiring any accused person or business entity to cease and desist from engaging in activities requiring a license under this chapter when the accused person or business entity is not licensed under this chapter. In this instance, the commission shall proceed to give appropriate notice of the violations and hold a hearing. Upon hearing the case and finding violations, the commission may impose a fine for each violation in an amount consistent with the range of fines applicable to licensees, and in addition, may impose a fine in the amount of any gain or economic benefit that was derived from the violation, and in addition, may impose a fine in the amount of the commission’s costs incurred. Any fine or fines not paid as ordered shall be enforceable in any court with competent jurisdiction and proper venue. (e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint. (f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint. (g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.

(e) The commission shall notify the licensee and qualifying broker in writing regarding the complaint.

(f) The commission shall notify the complainant, licensee, and qualifying broker in writing regarding the disposition of the complaint.

(g) If a licensee presents a form of payment to the commission, or to any third party on the commission’s behalf, which is declined or rejected by a financial institution or merchant service company, the licensee shall have 30 days, upon electronic notification from the commission, to submit full and valid payment for the initial fee or fine and an additional fee for submitting the faulty payment, not to exceed the maximum amount allowed by Section 8-8-15. Failure to submit full and valid payment within 30 days of electronic notification by the commission shall result in the licensee’s license becoming inactive until the licensee submits full payment. Failure to submit full and valid payment within six months after electronic notification by the commission shall result in the licensee’s license lapsing.
Ala. Code § 34-26-91 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-91
Section 34-26-91 Oversight, Dispute Resolution, and Enforcement
Status: in_force

(a) Oversight.

(1) The executive, legislative, and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. This compact and the rules adopted hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.

(3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or adopted rules.

(b) Default, Technical Assistance, and Termination.

(1) If the commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall:

a. Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default or any other action to be taken by the commission; and

b. Provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the compact states.

(4) A compact state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The commission shall not bear any costs incurred by the state that is found to be in default or which has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

(6) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the State of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(c) Dispute Resolution.

(1) Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact which arise among compact states and between compact and non-compact states.

(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.

(d) Enforcement.

(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

(2) By majority vote, the commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the compact and its adopted rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney’s fees.

(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
Ala. Code § 34-15B-3 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-3
Section 34-15B-3 Definitions
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-27A-20 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-20
Section 34-27A-20 Revocation or Suspension of License - Grounds; Disciplinary Proceedings; Administrative Fines
Status: in_force

(a) The board may investigate the actions of a licensed real property appraiser on complaint or on its own motion, and may revoke or suspend the license, levy fines as provided in subsection (c), require completion of education courses, or discipline by public and no more than two private reprimands per licensed real property appraiser for any of the following acts or omissions:

(1) Procuring or attempting to procure a license or certificate pursuant to this article by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for a license, or through any form of fraud or misrepresentation.

(2) Failing to meet the minimum qualifications established by this article.

(3) Paying money other than authorized by this article to any member or employee of the board to procure a license under this article.

(4) A conviction, including a conviction based upon a plea of guilty or nolo contendere, of a crime which is substantially related to the qualifications, functions, and duties of a person developing real estate appraisals and communicating real estate appraisals to others, or a conviction involving moral turpitude.

(5) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the certificate holder or another person, or with the intent to substantially injure another person.

(6) Violation of any of the standards for the development or communication of real estate appraisals as provided in this section.

(7) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal, in preparing an appraisal report, or in communicating an appraisal.

(8) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal.

(9) Willfully disregarding or violating this article or the regulations of the board for the administration and enforcement of this article.

(10) Accepting an appraisal assignment, as defined in Section 34-27A-24, when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion, or where the fee to be paid is contingent upon the opinion, conclusions, or valuation reached, or upon the consequences resulting from the appraisal assignment.

(11) Violating the confidential nature of governmental records to which he or she gained access through employment or engagement as an appraiser by a governmental agency.

(12) Entry of a final civil judgment against the person on grounds of fraud, misrepresentation, or deceit in the making of any appraisal of real property.

(13) Presenting to the board, as payment for a fee or fine, a check that is returned unpaid.

(14) Failing to keep for at least five years, a complete record or file of appraisal or specialized assignments regulated under this article, in accordance with Uniform Standards of Professional Appraisal Practice and Section 34-27A-26.

(15) Failing within a reasonable time to provide information or providing false information in response to a request by the board during an investigation or after a formal complaint has been filed.

(16) Failing to pay by required deadlines, fees or fines levied by the board.

(17) Failing to notify the board within a reasonable time of the filing of any civil action related to the appraisal practice or of any criminal prosecution filed against the appraiser.

(b) In a disciplinary proceeding based upon a civil judgment, the real property appraiser shall be afforded an opportunity to present matters in mitigation and extenuation, but may not collaterally attack the civil judgment.

(c) In addition to the disciplinary powers granted in subsection (a), the board may levy administrative fines for serious violations of this article or the rules and regulations of the board of not more than $500 for each violation.
Ala. Code § 34-27A-19 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-19
Section 34-27A-19 Continuing Education Requirements; Regulations; Requirement for Reinstatement
Status: in_force

(a) As a prerequisite to renewal of a license to appraise real estate, the licensed real estate appraiser, licensed for any classification under this article, shall present evidence satisfactory to the board of having met the continuing education requirements of this article.

(b) The board shall set, by administrative rule, the continuing education requirements for renewal of licenses for all classifications of real estate appraisers as required by or when necessary to fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub. L. No. 101-73 (FIRREA), and any subsequent amendments and regulations issued pursuant thereto.

(c) In lieu of meeting the requirements of subsection (b) an applicant for renewal may satisfy all or part of the requirements by presenting evidence of either of the following:

(1) Completion of an educational program of study determined by the board to be equivalent, for continuing education purposes, to courses approved by the board pursuant to subsection (b).

(2) Participation other than as a student in educational processes and programs approved by the board which relate to real property appraisal theory, practices, or techniques, including, but not necessarily limited to, teaching, program development, and preparation of textbooks, monographs, articles, and other instructional materials.

(d) The board shall adopt regulations for implementation of this article to assure that persons renewing their licenses have current knowledge of real property appraisal theories, practices, and techniques which will provide a high degree of service and protection to those members of the public with whom they deal in a professional relationship under authority of this article. The regulations shall prescribe all of the following:

(1) Policies, and procedures, and fees for obtaining board approval of courses of instruction pursuant to subsection (b).

(2) Standards, policies, and procedures to be applied by the board in evaluating applicant’s claims of equivalency in accordance with subsection (c).

(3) Standards, monitoring methods, and systems for recording attendance to be employed by course sponsors as a prerequisite to board approval of courses for credit.

(e) In adopting regulations pursuant to subdivision (1) of subsection (d), the board may give favorable consideration to courses of instruction, seminars, and other real property appraisal education courses or programs previously or hereafter developed by or under the auspices of professional appraisal organizations and utilized by those associations for purposes of designation, or indicating compliance with the continuing education requirements of the organizations.

(f) No amendment or repeal of a regulation adopted by the board pursuant to this section shall operate to deprive a licensed real estate appraiser of credit toward renewal of license for any course of instruction completed by the applicant prior to the amendment or repeal of the regulation which would have qualified for continuing education credit under the regulation as it existed prior to the repeal or amendment.

(g) On or after October 1, 1991, a license to appraise real estate that has been revoked as a result of disciplinary action by the board shall not be reinstated unless the applicant presents evidence of completion of the continuing education required by this article. This requirement of evidence of continuing education shall not be imposed upon an applicant for reinstatement who has been required to successfully complete the examination for certified real estate appraiser as a condition to reinstatement of a license.
Ala. Code § 34-33A-11 — Alabama Code / Title 34 / Chapter 33A / Section 34-33A-11
Section 34-33A-11 Compliance with Chapter; Architects and Engineers
Status: in_force

(a) This chapter applies to any fire alarm contractor performing work for any municipality, county, or the state. Officials of any municipality, county, or the state shall determine compliance with this chapter before awarding any contract for the installation, repair, alteration, addition, or inspection of a fire alarm system. Any bid for a contract shall be accompanied by a copy of a valid State Fire Marshal’s permit.

(b) All architects and engineers preparing plans and specifications for work involving fire alarm systems to be contracted in the State of Alabama shall include in their invitation to bidders and their specifications a copy of this chapter or portions as are deemed necessary to convey to the invited bidder that it will be necessary for the bidder to show evidence of licensure before a bid is considered whether the bidder is a resident or nonresident of this state and whether a license has been issued to the bidder or not.
Ala. Code § 34-24-522 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-522
Section 34-24-522 Eligibility
Status: in_force

(a) A physician must meet the eligibility requirements as defined in subdivision (k) of Section 34-24-521 to receive an expedited license under the terms and provisions of the compact.

(b) A physician who does not meet the requirements of subdivision (k) of Section 34-24-521 may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
Ala. Code § 34-30-25 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-25
Section 34-30-25 Fees
Status: in_force

After November 24, 1978, the initial fee for a license shall be at least $50 and the fee for renewal thereof shall be at least $25.
Ala. Code § 34-11-11.2 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-11.2
Section 34-11-11.2 Complaints; Investigation; Hearing; Sanctions
Status: in_force

(a) Any person or entity, including the board or its staff, may file a complaint alleging a violation of this chapter against any individual licensee, certified intern, or firm holding a certificate of authorization or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed by the complainant, shall state specifically the facts on which the complaint is based, and shall be filed with the executive director of the board.

(b) The board may designate one or more individuals to investigate and report to it on any matter related to its lawful duties and may employ legal counsel as the board may deem necessary or desirable. An investigation may be made upon receipt of a complaint. The board may resolve violations by agreement between the board and the respondent with or without the filing of formal charges.

(c) All complaints shall be reviewed by an investigative committee designated by the rules of the board. After review, the investigative committee shall determine or recommend, as appropriate, if charges are warranted. The charges shall conform to the Administrative Procedure Act.

(d) With the consent of the respondent, the board may conduct an informal hearing without meeting the requirements of the Administrative Procedure Act at which no action shall be taken other than a reprimand, public or private.

(e) All charges, unless dismissed as unfounded or trivial, or unless settled informally, shall be heard by the board within a reasonable time.

(f) The time and place for the hearing shall be fixed and a copy of the charges, together with a notice of the time and place of the hearing, shall be personally served on or mailed to the last known address of the respondent at least 30 days before the date fixed for the hearing. At any hearing the respondent shall have the right to appear in person or by counsel or both, to cross-examine witnesses in his or her defense, and to produce evidence and witnesses in his or her defense. If the respondent fails or refuses to appear at the hearing, the board may proceed to hear and determine the validity of the charges in the respondent’s absence.

(g) If after the hearing a majority of members of the board present vote to find the respondent guilty of the charges, the board shall impose one or more of the disciplinary penalties set forth in this section or Section 34-11-11. Any fine or penalty imposed may not exceed five thousand dollars ($5,000) for each count or separate offense. The written decision of the board shall be delivered personally to the respondent or sent by certified mail, return receipt requested, to the last known address of the respondent.

(h) If disciplinary action from a hearing results in imposing a fine or civil penalty against a licensee or certificated firm, the board may not renew the certificate for the licensee or certificated firm until the fine or penalty is paid in full. In the event that the fine or civil penalty is subsequently set aside on judicial review, as provided in the Alabama Administrative Procedure Act, the respondent shall be entitled to a prompt refund of the amount of the fine or penalty, but shall not be entitled to interest.

(i) When a member of the board is unable to continue the hearing either by disqualification or for any other reason, and the board is unable to reach a quorum, the Governor shall appoint as many ex officio members as is necessary to reach a quorum from a list of three persons submitted for each place by the committee of nine as specified in Section 34-11-30. These ex officio members shall serve on the board only for that hearing for which they were appointed and they may be reappointed for subsequent hearings if necessary. Ex officio members must meet the same board member qualifications as outlined in this chapter.

(j) The respondent shall be responsible for the cost of the disciplinary action if found in violation of this chapter.

(k) In determining the fine or civil penalty to be assessed pursuant to this chapter, the board may consider all of the following factors:

(1) Whether the amount imposed will be a substantial economic deterrent.

(2) The circumstances leading to the violation.

(3) The severity of the violation and the risk of harm to the public.

(4) The economic benefits gained by the violator as a result of non-compliance.

(5) Consistency of the fine or civil penalty with past fines or civil penalties for similar offenses, or justification for the fine or civil penalty amount.

(l) An action may be brought in the Circuit Court of Montgomery County to require compliance with any order of the board.

(m) When an order for recovery of costs is made and timely payment is not made as directed in the board’s decision, the board may enforce the order for payment in the Circuit Court of Montgomery County. This right of enforcement shall be in addition to any other rights the board may have as to any person directed to pay costs.

(n) In any action for recovery, the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
Ala. Code § 34-14B-7 — Alabama Code / Title 34 / Chapter 14B / Section 34-14B-7
Section 34-14B-7 Compliance Required; Registration of Other Names; Advertisements, Contracts, and Correspondence
Status: in_force

No person shall advertise as a home inspector unless the person has complied with the provisions of this chapter. No person who is registered under one name as provided in this chapter shall engage in business as a home inspector under any other name unless the other name is also registered. All advertisements, contracts, correspondence, and other documents prepared by a home inspector shall indicate the home inspector’s registration number, name, and address as registered pursuant to this chapter.
Ala. Code § 34-24-140 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-140
Section 34-24-140 Board of Chiropractic Examiners - Creation; Composition; Powers and Duties. (Amended by Act 2026-288)
Status: in_force

AMENDED BY ACT 2026-288, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) There is established a State Board of Chiropractic Examiners. The board shall be composed of nine members. Eight members of the board shall be active licensed chiropractors elected as provided in this section. Seven of the elected members shall be elected one from each congressional district in this state except as otherwise provided in Section 34-24-141. Any candidate for or member of the board shall be a resident of the appropriate congressional district except one candidate for the board shall be elected from the state at-large. One elected member of the board shall be elected from the state at-large and shall be an African-American.

(b) Each elected member of or candidate for the board shall meet all of the following qualifications:

(1) Be a resident of this state who has resided in this state for at least five years.

(2) Be a graduate of a chartered chiropractic school or college that required actual attendance in the school as a prerequisite to graduation.

(3) Currently is engaged in the clinical practice of chiropractic and has been engaged in the clinical practice in this state for at least the five immediately preceding years.

(4) Has renewed his or her license to practice chiropractic by September 30 of the year in which an election shall take place.

(5) Be of good moral character.

(6) Is not presently on probation relating to the practice of chiropractic in any state.

(c) One member of the board shall be a consumer member appointed by the Governor. Neither the consumer member nor his or her spouse may be a chiropractor. The consumer member may not be an immediate family member of a chiropractor nor may he or she be employed in the chiropractic field.

(d) The elected members of the board shall be elected as provided in this subsection. In August of any year that the term of a member of the board expires, the board shall send a notice of the election of the board and the method of qualifying as a candidate to each active licensed chiropractor in the district where the vacancy occurs according to his or her permanent mailing address. The election provided for in this subsection shall be conducted by an independent agency unless there is only one candidate for the board and in this situation, the board shall announce the results. The board shall set a period for candidates to qualify and the date for the ballots to be sent. Candidates shall qualify by submitting their name to the executive director of the board during the qualifying period which shall be not less than 20 days nor more than 40 days after the notice is sent. Not less than 14 days after the deadline for qualification, each licensed chiropractor shall be sent a ballot for the appropriate congressional district where the vacancy is to be filled. In order to be counted, the ballots shall be returned and time stamped not later than 14 business days after the ballots were sent by the independent agency. The results of the election shall be certified by the independent agency. The ballots shall be maintained for a period of six months by the independent agency. The candidate with a simple majority of the votes cast in each respective congressional district shall be elected to the board position for that congressional district. In the event no candidate in a district receives a majority of the votes, the board shall hold a run-off election in the same manner as provided in this subsection. The members of the board shall take office at the first meeting of the board after the election and the executive director of the board shall set the date of the first meeting of the board after the election of the new board.

(e) Whenever a vacancy occurs on the board, whether by death, resignation of a member, or other cause, the vacancy shall be filled in the same manner as the original election or appointment for the remainder of the term of office.

(f)(1) The board may employ investigators, inspectors, attorneys, and any other agents, employees, and assistants as may be necessary, and may use any other means necessary to bring about and maintain a rigid administration and enforcement of state and federal law.

(2) The board may issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documentary evidence and materials, or other evidence. Any individual failing or refusing to appear or testify regarding any matter about which he or she may be lawfully questioned or to produce any papers, books, records, documentary evidence or materials, or other evidence in the matter to be heard, after having been required by order of the board or by a subpoena of the board to do so, upon application by the board to any circuit judge of this state, may be ordered to comply therewith. Upon failure to comply with the order of the circuit judge, the court may compel obedience by attachment as for contempt as in case of disobedience of a similar order or subpoena issued by the court. The president or secretary-treasurer of the board may issue subpoenas, and any board member may administer oaths to witnesses or take their affirmation. A subpoena or other process of paper may be served upon any person named therein, anywhere within this state, by any officer authorized to serve subpoenas or other process or paper in civil actions, in the same manner as is prescribed by law for subpoenas issued out of the circuit courts of this state, the fees and mileage and other costs to be paid as the board directs.

(g) The board shall employ an executive director who shall be responsible for the administration of board policy. The executive director may be licensed to practice chiropractic in this state.

(h) The board shall publish annually a directory listing all permit holders and all persons licensed to practice chiropractic in this state. Copies of the directory shall be made available from the executive director at a cost set by rule of the board.

(i) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state.

(j) Each member of the board shall meet all qualifications to be a candidate for his or her seat on the board during his or her entire term. Any member who fails to continue to meet the qualifications for his or her seat shall forfeit his or her seat on the board and resign or the board seat shall be declared vacant by the board.
Ala. Code § 34-20-1 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-1
Section 34-20-1 Definitions
Status: in_force

For purposes of this chapter, the following words and phrases shall have the respective meanings ascribed by this section:

(1) BOARD. The Board of Examiners of Nursing Home Administrators of the State of Alabama.

(2) EXAMINER. A member of the Board of Examiners of Nursing Home Administrators of the State of Alabama.

(3) SECRETARY. The Secretary of the Board of Examiners of Nursing Home Administrators of the State of Alabama.

(4) NURSING HOME ADMINISTRATOR. Any individual who is charged with the general administration of a nursing home, whether or not such individual has an ownership interest in such home and whether or not his or her functions and duties are shared with one or more other individuals.

(5) PROVISIONAL LICENSE. A temporary license issued to a provisional nursing home administrator by the Board of Examiners of Nursing Home Administrators.

(6) PROVISIONAL NURSING HOME ADMINISTRATOR. An individual who has been issued a provisional license by the Board of Examiners of Nursing Home Administrators of the State of Alabama.

(7) PRACTICE OF NURSING HOME ADMINISTRATION. The planning, organizing, directing, and control of the operation of a nursing home.

(8) NURSING HOME. Any institution or facility defined as such for licensing purposes under state law.
Ala. Code § 34-14A-42 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-42
Section 34-14A-42 Use of Funds; Compliance with Residential Energy Code
Status: in_force

(a) The division shall use funds distributed to the Alabama Residential Building Code Fund for the purpose of administering the Alabama Residential Building Code.

(b) Subject to availability of funds and upon request from a local jurisdiction, the division shall provide matching funds to local jurisdictions that have also applied for funds from federal grant programs and other applicable funding sources authorized by law to support local adoption and implementation of the Alabama Residential Building Code.

(c) The division shall work with the State Energy Office to ensure that all applicable federal regulations regarding the residential energy code are met.
Ala. Code § 34-3-13 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-13
Section 34-3-13 Officers with Authority to Take Complaints and Issue Warrants Practicing as Attorneys in Their Own Court
Status: in_force

Any officer who has the power or authority to take complaints and issue warrants of arrest, and who acts as an attorney in any such case in which he or she took the complaint or issued the warrant, or heard the examination or tried the case in any court on preliminary examination or appeal or trial before a jury, must, on conviction, be fined not less than $50 nor more than $500.
Ala. Code § 34-25A-13 — Alabama Code / Title 34 / Chapter 25A / Section 34-25A-13
Section 34-25A-13 Violations
Status: in_force

(a) Any person who practices prosthetics, orthotics, or pedorthics without first having obtained from the board a license, registration, or renewal thereof shall, upon conviction, be guilty of a Class B misdemeanor.

(b) The board may, in its own name, bring an action in circuit court for an injunction, and the court may enjoin any person from violating any provision of this chapter.
Ala. Code § 34-27-57 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-57
Section 34-27-57 Acts Constituting Violation of Article - Sell, Etc., Interest in Plan to Third Person That Substantially Affects Rights of Other Owners
Status: in_force

(a) It shall be a violation of this article for any seller of vacation time-sharing plans to sell, lease, assign, or otherwise transfer the seller’s interest in the vacation time-sharing plan or the accommodations or facilities to a third party when such a sale, lease, assignment, or other transfer substantially affects the rights of other owners or lessees of the time-share units, unless:

(1) The third party agrees in writing to:

a. Fully honor the rights of purchasers of the vacation time-sharing plan to occupy and use the accommodations or facilities; and

b. Fully honor rights of purchasers of the vacation time-sharing plan to cancel their contracts and receive an appropriate refund as provided in this article; and

c. Comply with the provisions of this article for as long as the third party continues to sell the vacation time-sharing plan, or for as long as purchasers of the vacation time-sharing plan are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and

(2) The commission receives prior written notice of the intent to transfer the seller’s interest; and

(3) Written notice is given to each purchaser of a vacation time-sharing plan affected thereby, by certified mail within 30 days of the transfer.

(b) The commission shall reserve the right to demand such additional information regarding the transfer as is reasonably necessary to determine to what extent the rights of other owners of units or unit weeks within the subject time-sharing plan shall be affected and to determine whether the registration of the plan should continue, should be amended, or should be suspended or revoked.

(c) The provisions of this section shall not be construed to apply to the sale of a single unit or to prevent the seller’s right to sell, discount, or hypothecate for value receivables in favor of any bank, mortgage company, or other lending institution and such transactions shall be exempt from the requirements of the section.