Code of Alabama

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27-31B-3
Section 27-31B-3 Licensing. (a) Any captive insurance company, when permitted by its articles
of association, charter, or other organizational document, may apply to the commissioner for
a license to do any and all insurance defined in Sections 27-5-2, 27-5-4, and 27-5-5, in subdivisions
(1), (2), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) of subsection (a)
of Section 27-5-6, in Sections 27-5-7, 27-5-8, 27-5-9, and 27-5-10, and to grant annuity contracts
as defined in Section 27-5-3, subject, however, to all of the following: (1) No pure captive
insurance company may insure any risks other than those of its parent and affiliated companies
or controlled unaffiliated business. (2) No association captive insurance company may insure
any risks other than those of the member organizations of its association, and their affiliated
companies. (3) No industrial insured captive insurance company may insure any risks other
than those of the industrial insureds that comprise...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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16-27A-8
Section 16-27A-8 Appeals. Persons who contest a notice of violation and are adjudicated by
the court to be responsible for the civil fine may appeal the adjudication for a trial de
novo to the circuit court of the county in which the district or municipal court is located,
using the procedures that apply to criminal convictions with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) The person appealing must, as a condition
precedent to appeal, pay the civil fine in full, and failure to do so shall divest the circuit
court of jurisdiction. If on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality shall refund the same without interest
within 15 days of receipt of notice of the disposition from the circuit court. If the person
is adjudicated by the circuit court to be responsible for payment of...
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16-27A-12
Section 16-27A-12 Cause of action by owner against actual operator. (a) Any person who is held
responsible for payment of a civil fine as provided herein, but who was not actually operating
the involved vehicle, who timely and properly followed the procedure to transfer responsibility
but is ultimately held responsible because of the person's ownership of the vehicle, and who
actually pays the civil fine, shall have a cause of action against the person who was operating
the vehicle for the amount of the civil fine actually paid plus a reasonable attorney fee,
without regard to the rules regarding joint and several liability, contribution, or indemnity.
(b) As a condition precedent to the bringing of a civil action under subsection (a), the person
held responsible for payment of the civil fine shall first make written demand on the other
person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment,
and if reimbursement is fully made within the 60 day period...
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45-49-101.08
Section 45-49-101.08 Appeals. A person who contests a notice of violation and is adjudicated
by the court to be responsible for the civil fine may appeal the adjudication for a trial
de nova to the Circuit Court of Mobile County, in which the district or municipal court is
located, using the procedures that apply to criminal convictions with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) The person appealing, as a condition precedent
to appeal, shall pay the civil fine in full, and failure to do so shall divest the Circuit
Court of Mobile County. If, on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality located in Mobile County, or the
Alabama State Law Enforcement Agency, shall refund the same without interest within 15 days
of receipt of notice of the disposition from the circuit court. If...
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45-49-101.12
Section 45-49-101.12 Cause of action by owner against actual operator. (a) Any person who is
held responsible for payment of a civil fine as provided herein, but who was not actually
operating the involved vehicle, who timely and properly followed the procedure to transfer
responsibility but is ultimately held responsible because of the person's ownership of the
vehicle, and who actually pays the civil fine, shall have a cause of action against the person
who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable
attorney fee, without regard to the rules regarding joint and several liability, contribution,
or indemnity. (b) As a condition precedent to the bringing of a civil action under subsection
(a), the person held responsible for payment of the civil fine must first make written demand
on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit
payment, and if reimbursement is fully made within the 60-day period...
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45-24A-32.02
Section 45-24A-32.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CIRCUIT COURT or COUNTY CIRCUIT COURT. The Dallas County Circuit Court.
(2) CITY. The City of Selma, Alabama. (3) CIVIL PENALTY. The monetary amount assessed by the
city pursuant to this part for an adjudication of civil liability for a traffic signal violation,
including municipal court costs associated with the infraction. (4) CIVIL VIOLATION. There
is created a noncriminal category of state law called a civil violation created and existing
for the sole purpose of carrying out the terms of this part. The penalty for committing a
civil violation shall be the payment of a civil penalty, the enforceability of which shall
be accomplished through civil action. The prosecution of a civil violation created hereby
shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-24A-32.05,
and in no event shall an adjudication of liability for a civil...
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45-41A-41.02
Section 45-41A-41.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CITY. The City of Opelika, Alabama. (2) CIVIL FINE. The monetary amount
assessed by the city pursuant to this part for an adjudication of civil liability for a traffic
signal violation, including municipal court costs associated with the infraction. (3) CIVIL
VIOLATION. There is hereby created a noncriminal category of law called a civil violation
created and existing for the sole purpose of carrying out the terms of this part. The penalty
for a civil violation shall be the payment of a civil fine, the enforceability of which shall
be accomplished through civil action. The prosecution of a civil violation created hereby
shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-41A-41.05,
and in no event shall an adjudication of liability for a civil violation be punishable by
a criminal fine or imprisonment. (4) OWNER. The owner of a motor...
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45-41A-41.09
Section 45-41A-41.09 Late fees; record of civil violations. The city may provide by ordinance
that late fees not exceeding twenty-five dollars ($25) per month for each month after the
issuance of the order imposing the civil fine shall attach to untimely paid civil fines that
are authorized in this part. No person may be arrested or incarcerated for nonpayment of a
civil fine or late fee. No record of an adjudication of civil violation made under this part
shall be listed, entered, or reported on any criminal record or driving record, whether the
record is maintained by the city or an outside agency. An adjudication of civil violation
provided for in this part shall not be considered a conviction for any purpose, shall not
be used to increase or enhance punishment for any subsequent offense of a criminal nature,
shall not be considered a moving violation, and shall not be used by any insurance company
to determine or affect premiums or rates. The fact that a person is held liable or...
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20-1-34
Section 20-1-34 Civil penalties for violation of chapter, etc. (a) Notwithstanding the existence
of any criminal penalty imposed for violations of this chapter and the rules and regulations
promulgated hereunder, the department may, after a hearing thereon, impose a civil penalty
for violation of this chapter or any rules or regulations promulgated hereunder regarding
out-of-date Class A foods, or misbranded or adulterated food, in accordance with the classes
provided in subsection (d) below. (b) Any one offense, and all incidents or violations committed
by a person, firm, association, or corporation, arising from the same transaction, shall constitute
but one offense. (c) The board shall by duly adopted rules or regulations, provide maximum
penalty amounts to be imposed with regard to out-of-date Class A foods, or misbranded and
adulterated food as provided below. (d) After a public hearing thereon, the board shall, by
duly adopted rules or regulations, establish five classes of...
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