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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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