(a) Any person who violates this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such person shall also be liable for attorney fees and shall be subject to injunctive relief. Each day that a violation of this chapter occurs shall be considered as a separate violation.
(b) The penalty may be assessed and recovered in a civil action brought by the Attorney General, or by any district attorney in any court of competent jurisdiction. If brought by a district attorney, 30 percent of the penalty shall be paid to the office of the district attorney which brought the action and 70 percent of the penalty shall be paid to the treasury of the county in which the judgment was entered. If brought by the Attorney General, one-half of the penalty shall be paid to the treasury of the county where the action was brought and one-half shall be paid to the State Treasury.
(Acts 1984, No. 84-260, p. 433, §16; Acts 1994, No. 94-699, p. 1353, §1.)
Notes of Decisions
Home Oil Co. Inc. v. Sam's East, Inc., 252 F. Supp. 2d 1302 (M.D. Ala. 2003).
· cites it 6× “Civil Penalties In its Complaint, Home Oil seeks the imposition of civil penalties against Sam’s for violations of the AMFMA under section 8-22-16 of the Alabama Code. (Doc.”
Home Oil Co., Inc. v. Sam's East, Inc., 199 F. Supp. 2d 1236 (M.D. Ala. 2002).
“11 Seeking only injunctive relief, attorney’s fees and costs, pursuant to § 8-22-17 and civil penalties authorized by § 8-22-16 of the Alabama Motor Fuel Marketing Act (AMFMA), Home Oil charges Sam’s with violating the Act’s prohibition on “below cost” fuel sales where the…”
State Ex Rel. Galanos v. Mapco Petroleum, 519 So. 2d 1275 (Ala. 1987).
“); to fines of up to $10,000 per day and injunctions for violations (§ 8-22-16); to actions brought by persons suffering injury (§ 8-22-17); and to prima facie showings by such plaintiffs of violations by defendants (§ 8-22-18).”
State of Ala. Ex Rel. Galanos v. STAR SERV. & PET., 616 F. Supp. 429 (S.D. Ala. 1985).
· cites it 5× “Ala. Code § 8-22-16 (b) (1975). The Act does not, however, set up any agency, department or commission to oversee and enforce the statutory scheme.”
S. Oil Co. Inc v. Lehigh Gas Wholesale Servs. Inc (N.D. Ala. 2024).
· cites it 2× “” Ala. Code § 8-22-16 (a). The court is unpersuaded that the complaint lacks sufficient factual allegations to draw the reasonable inference that Lehigh has violated Alabama law.”
— Ala. Code § 8-22-16(b) — 2 cases
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