41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a) For the purposes of this section, the following words have the following meanings: (1) CHIEF EXAMINER. The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in excess of amounts due and includes failure to meet eligibility requirements, failure to identify third party liability where applicable, any payment for an ineligible good or service, any payment for a good or service not received, duplicate payments, invoice and pricing errors, failure to apply discounts, rebates, or other allowances, failure to comply with contracts or purchasing agreements, or both, failure to provide adequate documentation or necessary signatures, or both, on documents, or any other inadvertent error resulting in overpayment. (3) RECOVERY AUDIT. A financial management technique used to identify overpayments made by a state agency with respect to individuals, vendors, service providers, and other entities in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-5A-6.htm - 8K - Match Info - Similar pages
8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action for civil penalties under this chapter. (1) A violation of this chapter does not establish a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be construed to affect any right a person may have at common law, by statute, or otherwise. (2) Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged in a violation of the notification provisions of this chapter is subject to the penalty provisions set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully or with reckless disregard in failing to comply with the notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-38-9.htm - 4K - Match Info - Similar pages
27-29-10
Section 27-29-10 Violations and penalties; criminal proceedings. (a) Any insurer failing, without just cause, to file any registration statement as required in this chapter shall be required, after notice and hearing, to pay a penalty of up to one thousand dollars ($1,000) for each day's delay, to be recovered by the commissioner and the penalty so recovered shall be paid into the state General Fund. The maximum penalty under this section is fifty thousand dollars ($50,000). The commissioner may reduce the penalty if the commissioner, in the commissioner's sole discretion, determines it is equitable to do so or the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer. (b) Every director or officer of an insurance holding company system who knowingly violates, participates in, or permits any of the officers or agents of the insurer to engage in transactions or make investments that have not been properly...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-29-10.htm - 4K - Match Info - Similar pages
37-2A-4
Section 37-2A-4 Jurisdiction of the Public Service Commission. (a) Notwithstanding any provision of law to the contrary, the commission shall not have any jurisdiction, right, power, authority, or duty to regulate, supervise, control, oversee, or monitor, directly or indirectly, the rates, charges, classifications, provision, or any aspect of broadband service, broadband enabled services, VoIP services, or information services. (b)(1) The commission may require incumbent local exchange carriers to unbundle their networks, but the commission shall not require the carriers to unbundle in a manner that exceeds in degree or differs in kind from the unbundling requirements of the Federal Communications Commission. (2) Nothing in this section shall be construed to: a. Affect any entity's obligations under 47 U.S.C. Sections 251 and 252 or a right granted to an entity by these sections. b. Affect any applicable wholesale tariff. c. Grant, modify, or affect the authority of the commission to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2A-4.htm - 8K - Match Info - Similar pages
11-89-7
Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc., systems, etc., outside service area; provisions in schedules of rates and charges generally. (a) The district shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time (which may be perpetuity, subject to the provisions of Section 11-89-17) specified in its certificate of incorporation; (2) To sue and be sued in its own name in civil actions, except as otherwise provided in this chapter, and to defend civil actions against it; (3) To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property of every description, real, personal, or mixed, whether...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-89-7.htm - 11K - Match Info - Similar pages
27-40-15
Section 27-40-15 Premium financed to be sent to insurance company, agent, or surplus lines broker; issuance of drafts, etc.; duties with respect to cancellation. (a) The amount of premium financed, more specifically referred to as "the principal balance" in paragraph c. of subdivision (3) of subsection (a) of Section 27-40-8, shall be sent to the insurance company or companies, or the agent or surplus lines broker. (b) All drafts, checks, or other orders of payment issued for premiums financed shall be issued by or on behalf of the premium finance company and shall be mailed, delivered, or otherwise transmitted directly to the insurance company or its agent, or surplus lines broker. Any check, draft, or other order or form of payment to any insurance agent, insurance broker, managing general agent, or other person, when issued shall be presumed to have been issued by the duly authorized agent of the premium finance company which provided the checks or drafts to the person issuing the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-40-15.htm - 1K - Match Info - Similar pages
37-3-2
Section 37-3-2 Definitions. The following words and phrases used in this chapter, where not in conflict with the context, shall have the following meanings: (1) BROKER. Any person not included in the term "motor carrier" and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation of property other than that transported by common carriers of passengers, subject to this chapter, or negotiates for or holds itself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for the transportation. (2) CERTIFICATE. A certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle. (3) COMMON CARRIER BY MOTOR VEHICLE. Any person who or which undertakes, whether directly or by a lease or other arrangement, to transport passengers or property or any class or classes of property for the general public in the State of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-3-2.htm - 3K - Match Info - Similar pages
35-8A-312
Section 35-8A-312 Conveyance or encumbrance of common elements. (a) In a condominium portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least 80 percent of the votes in the association, including 80 percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but all the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale or loan are an asset of the association. (b) An agreement to convey common elements in a condominium or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-8A-312.htm - 2K - Match Info - Similar pages
11-81-246
Section 11-81-246 Assessment lien; enforcement. (a) An assessment under this article and any interest or penalties on the assessment: (1) Is a lien against the real property on which the assessment is imposed from the date on which the notice of contractual assessment is recorded. (2) Subject to the requirement in Section 11-81-245(a)(1) to obtain and record in the proper recording office an executed consent and subordination agreement from existing mortgagees and other lienholders, has the same priority status as a lien for any other ad valorem or non-ad valorem tax. (3) Is a lien that runs with the real property, and the portion of the assessment under the assessment contract that has not yet become due is not eliminated by foreclosure of a property tax lien. (b) The assessment lien may be enforced by the local government in the same manner that an ad valorem or non-ad valorem tax lien against real property may be enforced by the local government with all redemption rights provided...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-81-246.htm - 2K - Match Info - Similar pages
41-16-72
Section 41-16-72 Procurement of professional services. Any other provision of law notwithstanding, the procurement of professional services by any agency, department, board, bureau, commission, authority, public corporation, or instrumentality of the State of Alabama shall be conducted through the following selection process: (1)a. Except as otherwise provided herein, attorneys retained to represent the state in litigation shall be appointed by the Attorney General in consultation with the Governor from a listing of attorneys maintained by the Attorney General. All attorneys interested in representing the State of Alabama may apply and shall be included on the listing. The selection of the attorney or law firm shall be based upon the level of skill, experience, and expertise required in the litigation and the fees charged by the attorney or law firm shall be taken into consideration so that the State of Alabama receives the best representation for the funds paid. Fees shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-16-72.htm - 16K - Match Info - Similar pages
|