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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries
or death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
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43-2-843
Section 43-2-843 Transactions authorized for personal representatives; exceptions. Except
as restricted or otherwise provided by the will or by an order of court and subject to the
priorities stated in Section 43-8-76, a personal representative, acting prudently for
the benefit of the interested persons, may properly: (1) Retain assets owned by the decedent
pending distribution or liquidation including those in which the representative is personally
interested or which are otherwise improper for trust investment. (2) Receive assets from fiduciaries,
or other sources. (3) Perform, compromise, or refuse performance of the decedent's contracts
that continue as obligations of the estate, as the personal representative may determine under
the circumstances. In performing enforceable contracts by the decedent to convey or lease
land, the personal representative, among other possible courses of action, may do either of
the following: a. Execute and deliver a deed of conveyance for cash...
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6-5-347
Section 6-5-347 Agritourism. (a) For the purposes of this section, the following
terms shall have the following meanings: (1) AGRICULTURAL. As defined in Section 41-14-51.
(2) AGRITOURISM ACTIVITY. Any of the following, whether or not a participant provides monetary
or other valuable compensation to participate in, view, or enjoy: a. An activity at an agricultural
operation, which is not already addressed under Sections 6-5-337 or 35-15-40, including, but
not limited to, farming, ranching, historic and cultural agricultural activities, self-pick
farms, or farmers' markets, provided the agritourism professional is selling his or her own
product at a location provided to, leased to, rented to, or owned by the agritourism professional
for the purpose of selling his or her own product. b. An activity involving an animal exhibition,
show, or competition at an agricultural fair or youth livestock show, which is not already
addressed under Section 6-5-337, including, but not limited to, FFA,...
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2-27-56
Section 2-27-56 Surety bond or liability insurance. Each applicant for a license to
perform the custom application of pesticides shall, before a license is issued to him, furnish
and file with the commissioner a surety bond in which the State of Alabama is named as obligee
in the sum of $3,000.00 for each applicant operating ground equipment or not more than two
aircraft. Where an applicant operates more than two aircraft, the amount of the bond required
to be furnished shall be increased by the sum of $3,000.00 for each additional aircraft, provided
the total amount of any bond required under this section shall not exceed the sum of
$12,000.00. The bond shall be conditioned for the protection of, and that the licensee will
answer in damages to, persons who may suffer legal damages as a result of licensee's custom
application of pesticides or drift to plants, animals or property or by failure of licensee
to comply with any of the requirements of this article, and rules and regulations...
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33-4A-26
Section 33-4A-26 Bond of pilot - Preserving bonds, etc.; new bonds; actions on bonds;
liabilty. (a) The commissioners shall preserve on file all bonds and affidavits taken from
bar pilots, and, whenever they consider it necessary, may require a new bond to be executed.
The bar pilot's bond stands as security for any injury caused by the negligence or want of
skill of the bar pilot, and action may be brought thereon in the name of any person aggrieved.
(b) A bar pilot or apprentice providing bar pilot services to a vessel is not liable for more
than five thousand dollars ($5,000) for damage or loss to any person or property caused by
the bar pilot's or apprentice's error, omission, fault, or neglect in the performance of the
bar pilot services, unless one of the following applies: (1) The damage or loss was caused
because of the willful, intentional, or reckless misconduct of the bar pilot or apprentice.
(2) Liability exists for exemplary or punitive damages for willful, intentional, or...
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25-5-293
Section 25-5-293 Duties of secretary; continuing education, accounting; recovery of
expenses; advisory committees; legislative intent regarding reimbursements. (a) The Secretary
of the Department of Labor may prescribe rules and regulations for the purpose of conducting
continuing education seminars for all personnel associated with workers' compensation claims
and collect registration fees in order to cover the related expenditures. The secretary may
adopt rules and regulations setting continuing education standards for workers' compensation
claims personnel employed by insurance companies and self-insured employers and groups. (b)
The secretary shall file annually with the Governor and the presiding officer of each house
of the Legislature a complete and detailed written report accounting for all funds received
and disbursed during the preceding fiscal year. The annual report shall be in the form and
reported in the time provided by law. (c) The secretary shall establish reasonable...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may
on its own, or on the verified complaint in writing of any person, 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. The commission shall revoke or suspend the license or impose a fine
of not less than one hundred dollars ($100) nor more than two thousand five hundred dollars
($2,500), or both, or reprimand the licensee in each instance in which the licensee is found
guilty of any of the following acts set out in this section. The commission may revoke
or suspend a license until such time as the licensee has completed an approved continuing
education course and/or made restitution to accounts containing funds to be held for other...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have
the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE
FACILITY. A person or entity holding a Department of Human Resources license or approval or
certification to provide care, including foster care, for adults. (3) APPLICANT. A person
or entity who submits an application for license as a child care or adult care facility to
the Department of Human Resources or a child placing agency, or an application for employment
or for a volunteer position to a Department of Human Resources licensed child care or adult
care facility. With regard to child care and adult care facilities in a home setting, the
term includes an adult household member whose residence is in the home. The term also includes
an individual who submits an application for a volunteer position or for employment with the
Department of Human Resources in a position in which the person has unsupervised...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person
engaged in the business of banking and includes a savings bank, savings and loan association,
credit union, and trust company. (5) "Bearer" means a person in possession of a
negotiable instrument, document of title, or...
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11-92A-15
Section 11-92A-15 Security for bonds. (a) In the discretion of the board of directors
of an authority, any bonds may be secured by an indenture between an authority and a trustee,
which may be any trust company or bank having trust powers, whether such trust company or
bank is located within or without the state. In any such indenture or resolution providing
for the issuance of bonds an authority may pledge, for payment of the principal of and the
interest on such bonds, any of its revenues to which its right then exists or may thereafter
come into existence, including, but not limited to, revenues or other money or property pledged
to it by any public or private person, and may assign, as security for such payment, any of
its leases, loan agreements, franchises, permits, and contracts. In any such indenture, an
authority may mortgage any of its properties, including any that may be thereafter acquired
by it, and may provide that in the event of a default in payment of the bonds...
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