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40-17A-14
Section 40-17A-14 Examination of books, records, etc. For the purpose of determining the correctness
of any return, determining the amount of tax that should have been paid, determining whether
or not the dealer should have made a return or paid taxes, or collecting any taxes under this
act, the commissioner may examine, or cause to be examined, any books, papers, records, or
memoranda, that may be relevant to making such determinations, whether the books, papers,
records, or memoranda, are the property of or in the possession of the dealer or another person.
The commissioner may require the attendance of any person having knowledge or information
that may be relevant, compel the production of books, papers, records, or memoranda by persons
required to attend, take testimony on matters material to the determination, and administer
oaths or affirmations. The commissioner may issue subpoenas which may be served by authorized
agents of the Department of Revenue to compel the attendance of...
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2-13-92
Section 2-13-92 Right of entry of commissioner; investigations and inspections; examination
of records; resisting or interfering with commissioner. The Commissioner of Agriculture and
Industries and inspectors, employees and agents of the Department of Agriculture and Industries
shall have power and authority to enter upon any premises where milk being or having been
shipped or transported into the State of Alabama is processed, bottled, collected, cooled
or otherwise handled or to stop and inspect any truck or other vehicle transporting milk into
this state, except as provided in this article, to be sold or offered for sale in this state
and to make such investigations, examinations or inspections as may be necessary to determine
whether such milk, cream, milk products or by-products thereof being shipped or transported
into this state are produced, distributed, processed or otherwise handled in accordance with
the requirements of this article and rules and regulations promulgated...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-13-92.htm - 2K - Match Info - Similar pages
27-29-6
Section 27-29-6 Registered insurers - Examination of records, etc., of insurer or affiliates.
(a) Subject to the limitation contained in this section and in addition to the powers which
the commissioner has under Sections 27-2-7, 27-2-21, 27-2-23, and 27-2-26, relating to the
examination of insurers, the commissioner shall also have the power to examine any insurer
registered under Section 27-29-4 and its affiliates to ascertain the financial condition of
the insurer, including the enterprise risk to the insurer by the ultimate controlling party,
by any entity or combination of entities within the insurance holding company system, or by
the insurance holding company system on a consolidated basis. (b)(1) The commissioner may
order any insurer registered under Section 27-29-4 to produce such records, books, or other
information papers in the possession of the insurer or its affiliates as are reasonably necessary
to determine compliance with this title. (2) To determine compliance with...
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27-62-8
Section 27-62-8 Confidentiality. (a)(1) Any documents, materials, or other information in the
control or possession of the department that are furnished by a licensee or an employee or
agent acting on behalf of a licensee pursuant to subsection (i) of Section 27-62-4; subdivisions
(2), (3), (4), (5), (8), (10), and (11) of subsection (b) of Section 27-62-6; or that are
obtained by the commissioner in an investigation or examination pursuant to Section 27-62-7
shall be confidential by law and privileged, shall not be subject to any open records, freedom
of information, sunshine, or other public record disclosure laws, shall not be subject to
subpoena, and shall not be subject to discovery or admissible in evidence in any private civil
action. The commissioner shall not otherwise make the documents, materials, or other information
public without the prior written consent of the licensee. (2) Notwithstanding subdivision
(1), the commissioner may use the documents, materials, or other...
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27-6A-5
Section 27-6A-5 Duties of insurer. Insurers shall have the following duties: (1) The insurer
shall have on file an independent financial examination, in a form acceptable to the commissioner,
of each managing general agent with which it has done business. (2) If a managing general
agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary
attesting to the adequacy of loss reserves established for losses incurred and outstanding
on business produced by the managing general agent. This is in addition to any other required
loss reserve certification. (3) The insurer shall periodically, and at least semi-annually,
conduct an onsite review of the underwriting and claims processing operations of the managing
general agent. (4) Binding authority for all reinsurance contracts or participation in insurance
or reinsurance syndicate shall rest with an officer of the insurer, who shall not be affiliated
with the managing general agent. (5) Within 30 days of...
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8-14-1
Section 8-14-1 Records to be kept by persons selling personal property at auction; inspection
of records by law enforcement officers. (a) Every person, firm, or corporation engaged in
the business of selling personal property at public auction in the State of Alabama, whether
the same shall be their own property or whether they sell the same at auction as agent or
employee of others, shall keep and maintain records in which shall be described and inventoried
all articles of personal property received by such person, firm, or corporation for sale at
auction, including the date of such receipt, the date of sale, the names and addresses of
persons from whom the property was received for sale, and the names and addresses of persons
to whom the property was sold; provided, that the provisions of this section shall not apply
to the sale of livestock at auction. (b) The records required to be kept by this section shall
be open at all times to inspection by all law enforcement officers; and...
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2-15-61
Section 2-15-61 Permits required for operation of livestock markets; applications; issuance;
revocation; appeals. (a) No person shall operate a livestock market in the State of Alabama
without first having obtained from the commissioner, as required by this division, an annual
permit therefor. (b) The application for such a permit shall be made upon forms furnished
by the department, which shall be verified by affidavit of the applicant which shall include
all of the following information: (1) The name and address of the applicant or applicants
and, if a corporation, its officers, and if a partnership, the names and addresses of its
partners. (2) The place where applicant proposes to operate a livestock market. (3) A description
of the property and facilities proposed to be used as a livestock market. (4) The kind of
livestock the applicant proposes to handle at the livestock market and the day or days of
the week the applicant proposes to conduct sales. (5) A financial statement of...
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2-15-133
Section 2-15-133 Bonds or bond equivalents; financial statements and reports; liability for
payments. (a) No license as required under Section 2-15-132 shall be issued or renewed until
the applicant therefor shall make, execute, and thereafter maintain on file with the commissioner
a bond or a bond equivalent as provided in subsection (f) in favor of the State of Alabama
or a trustee to be approved by the commissioner to secure the performance of obligations incurred
in the State of Alabama and the payment thereof to persons from whom such dealer purchases
livestock. Except as otherwise provided in this subsection, the amount of each bond shall
be not less than the next multiple of two thousand dollars ($2,000) above the average amount
of purchases of livestock purchased either as a dealer or on an agency basis in Alabama during
a period equivalent to two business days based on the total number of business days and the
total amount of such transactions during the preceding 12 months or...
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37-3-25
Section 37-3-25 Penalties for violations. (a) Any person knowingly and willfully violating
any provision of this chapter or any rule, regulation, requirement or order thereunder or
any term or condition of any certificate, permit or license for which a penalty is not otherwise
herein provided shall, upon conviction thereof, be fined not more than $100.00 for the first
offense and not more than $500.00 for any subsequent offense. Each day of such violation shall
constitute a separate offense. (b) If any motor carrier or broker operates in violation of
any provision of this chapter (except as to the reasonableness of rates, fares or charges
and discriminatory character thereof), or any rule, regulation or requirement, or order thereunder,
or of any term or condition of any certificate or permit, the commission or its duly authorized
agency may apply to the circuit court of the State of Alabama for any county where such motor
carrier or broker operates for the enforcement of such...
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10A-2A-8.42
Section 10A-2A-8.42 Standards of conduct for officers. Notwithstanding Division C of Article
3 of Chapter 1: (a) An officer, when performing in his or her capacity as such, has the duty
to act: (1) in good faith; (2) with the care that a person in a like position would reasonably
exercise under similar circumstances; and (3) in a manner the officer reasonably believes
to be in the best interests of the corporation. (b) The duty of an officer includes the obligation:
(1) to inform the superior officer to whom, or the board of directors or the board committee
to which, the officer reports of information about the affairs of the corporation known to
the officer, within the scope of the officer's functions, and known to the officer to be material
to that superior officer, board of directors or board committee; and (2) to inform his or
her superior officer, or another appropriate person within the corporation, or the board of
directors, or a board committee, of any actual or probable...
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