§ 8-23-1 Legislative findings and declaration
§ 8-23-2 Definitions
§ 8-23-3 Registration of health studio sales persons; resident agent; security bond
§ 8-23-4 Health studio services contracts – Composition
§ 8-23-5 Health studio services contracts – Written contract required; rights of buyer
§ 8-23-6 Applicability of chapter
§ 8-23-7 Assignment of contract; notice
§ 8-23-8 Restriction of right of action of buyer prohibited
§ 8-23-9 Effect of noncompliance with chapter
§ 8-23-10 Supervision and enforcement of chapter
§ 8-23-11 Penalty
§ 8-23-12 Chapter not exclusive
§ 8-23-13 Noncompliance with chapter constitutes unfair trade practice

Terms Used In Alabama Code > Title 8 > Chapter 23

  • AFFECTED LAND: The area of land from which overburden has been removed or upon which overburden has been deposited after October 1, 1970. See Alabama Code 40-23-1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • contemporaneous: Occurring at the same time as a surface mining operation and in conjunction with the grading activities at the site. See Alabama Code 40-23-1
  • contiguous: In actual contact, touching, as contrasted with being near but not in contact. See Alabama Code 40-23-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • department: The Department of Industrial Relations of the State of Alabama or any department, bureau, or commission as may lawfully succeed to the powers and duties of the department relating to mining operations. See Alabama Code 40-23-1
  • DIRECT SEEDING: The planting of seeds by hand sowing, machine sowing, or aerial seeding. See Alabama Code 40-23-1
  • director: Director of the department or officer, bureau, or commission as may lawfully succeed to the powers and duties of the director. See Alabama Code 40-23-1
  • inspector: Any authorized employee of the department under the direction of the director. See Alabama Code 40-23-1
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • license tax: as used in this title , shall be deemed to include any tax prescribed by a license tax schedule, but shall not exclude any license tax otherwise prescribed. See Alabama Code 40-12-344
  • month: means a calendar month. See Alabama Code 30-3D-608
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • operator: Any person, firm, partnership, association, or corporation engaged in or controlling one or more surface mining operations. See Alabama Code 40-23-1
  • overburden: All of the earth and other materials which lie above natural deposits of clay, sand, gravel, ores, and other minerals except limestone, marble, and dolomite, and also the earth and other materials disturbed from their natural state in the process of surface mining. See Alabama Code 40-23-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • PERMIT PERIOD: A one-year period commencing on the issuance of a permit to engage in surface mining. See Alabama Code 40-23-1
  • person: Any natural person, firm, corporation, association, partnership, joint venture, or representative of any kind or any other group acting as a unit. See Alabama Code 40-23-1
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • preceding: means next before. See Alabama Code 30-3D-608
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • reclamation: The reconditioning or rehabilitation of affected land in accordance with the requirements of this article. See Alabama Code 40-23-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • setback: An undisturbed buffer strip adjacent to watercourses, lakes, easements, adjoining property, perimeter property lines, road rights-of-way, residences, or other features which could be adversely affected by mining. See Alabama Code 40-23-1
  • SURFACE MINING: The mining of clay, sand, gravel, ores, and other minerals except chert (or similar type pits from which construction materials are obtained, which involve five acres or less and do not involve excavation below the surrounding area in such a way as to create a pit that will accumulate water), limestone, marble, dolomite, and coal, by removing the overburden lying above natural deposits thereof and mining directly from the natural deposits thereby exposed or by mining directly from deposits lying exposed in their natural state. See Alabama Code 40-23-1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.