Ala. Admin. Code r. 80-5-1-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-5-1-.01 - Purpose

(1) The purpose of Chapter 80-5-1 is to set maximum amounts of civil penalties for various violations of Code of Ala. 1975, Chapters 27 and 28 of Title 2, and rules promulgated thereunder, as authorized by Act No. 89-741, Acts of Alabama 1989.

(2) Before the enactment of Act No. 89-741, the only authorized penalty other than criminal prosecution was revocation of a permit or license. In some cases, these above penalties were too harsh. It is anticipated that the Commissioner of Agriculture and Industries will many times impose the penalties authorized by Act No. 89-741 and these rules in lieu of criminal prosecution or revocation of a license or permit, but it is understood that a civil penalty and/or revocation and/or criminal prosecution are all available to the Commissioner.

(3) It is understood that not every situation will fit and that in some cases penalties are authorized to be imposed against persons not licensed or permitted.

(4) The penalties set out in Chapter 80-5-1 are maximum and there is no intention by the adoption of this Chapter to imply that maximum amounts should be imposed. The decision to impose a penalty and its amount, up to the maximum allowed in these rules, are wholly within the discretion of the Commissioner of Agriculture and Industries.

Author: Charles H. Barnes

Ala. Admin. Code r. 80-5-1-.01

Filed February 21, 1990.

Statutory Authority:Code of Ala. 1975, § 2-2-18(b).