§ 41-10-40 — Duty of Fairness and Impartiality in Granting Allocations

Alabama § 41-10-40

• Jurisdiction: Alabama
• Title 41: State Government
• Ch. 10: Authorities
• Art. 2: Industrial Development Authority
• Div. 2: State Ceiling

Text

Anything contained in this division to the contrary notwithstanding, the authority shall have a duty to administer the state ceiling allocation program created in this division fairly and impartially. In making any decision entrusted to its discretion, including particularly the granting of allocations or the reallocation of portions of the state ceiling among categories of affected bonds, or the revocation or waiver of revocation of an allocation, the authority shall give paramount importance to the fair, impartial, and efficient discharge of its powers. Actions of the authority shall be subject to review by a court of competent jurisdiction to assure adherence to such standards of fairness and impartiality, which court may grant such legal and equitable remedies as it may deem necessary in order to assure such adherence; provided, however, that no member or director of the authority shall have any personal liability for the actions of the authority in connection with the allocation program.

Legislative History

(Acts 1988, 1st Ex. Sess., No. 88-870, p. 382, §6.)