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27-33-13
Section 27-33-13 Trusteed assets - Withdrawal. (a) The trust agreement shall provide, in substance,
that no withdrawals of trusteed assets shall be made by the insurer or permitted by the trustee
without the written authorization or approval of the commissioner in advance thereof except
as follows: (1) Any or all income, earnings, dividends, or interest accumulations of the trusteed
assets may be paid over to the United States manager of the insurer upon request of the insurer
or the manager; (2) For substitution, coincidentally with such withdrawal, of other securities
or assets of value at least equal in amount to those being withdrawn, if such substituted
securities or assets are likewise such as are eligible for investment of the funds of like
domestic insurers and if such withdrawal is requested in writing by the insurer's United States
manager pursuant to general or specific written authority previously given or delegated by
the insurer's board of directors, or other similar...
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15-18-146
Section 15-18-146 Employment income withholding order - Service. (a) A copy of any order issued
pursuant to the provisions of this article shall be served by the clerk of the court wherein
such order was issued or by another person designated by such court. (b) A copy of any order
issued pursuant to the provisions of this article may be served by certified mail, return
receipt requested. When served by certified mail, return receipt requested, the actual cost
thereof shall be taxed or assessed against the defendant at the time such order is issued.
(Acts 1984, No. 84-370, p. 859, §7.)...
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27-32-5
Section 27-32-5 Injunctions and restraining orders. (a) Upon application by the commissioner
for such an order to show cause, or at any time thereafter, the court may, without notice,
issue an injunction restraining the insurer, its officers, directors, stockholders, members,
subscribers, agents, and all other persons from the transaction of its business or the waste
or disposition of its property until the further order of the court. (b) The court may, at
any time during a proceeding under this chapter, issue such other injunctions or orders as
may be deemed necessary to prevent interference with the commissioner or the proceeding, or
waste of the assets of the insurer, or the commencement or prosecution of any actions, or
the obtaining of preferences, judgments, attachments, or other liens or the making of any
levy against the insurer or against its assets or any part thereof. (c) Notwithstanding any
other provision of law, no bond shall be required of the commissioner as a...
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37-1-86
Section 37-1-86 Notice and process. (a) Before proceeding to make such investigation, the commission
shall give the utility and the complainant at least 10 days' notice of the time and place
when and where such matters will be considered and determined, and all parties shall be entitled
to be heard, through themselves or their counsel, and shall have process to enforce the attendance
of witnesses. (b) Whenever the commission shall make any order or determination, or issue
any subpoena, notice or writ, notice thereof may be served on the person affected thereby
by delivering a copy of such order, subpoena, notice or writ, signed by or in the name of
the chairman of the commission, to any such person or an officer or agent of such person,
if a corporation, as in the case of civil process, which service may be executed by any member
of the commission, the secretary or any employee thereof, or by any sheriff of the state,
and a copy of such order, subpoena, notice or writ, with the service...
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27-12-19
Section 27-12-19 Service of statements, notices, orders, and other processes. Statements of
charges, notices, orders, and other processes of the commissioner under this trade practices
law may be served by anyone duly authorized by the commissioner, either in the manner provided
by law for service of process in civil actions or by registering or certifying and mailing
a copy thereof to the person affected by such statement, notice, order, or other process at
his, or its, residence or principal office or place of business. The verified return by the
person so serving such statement, notice, order, or other process, setting forth the manner
of such service, shall be proof of the same, and the return postcard receipt for such statement,
notice, order, or other process, registered or certified and mailed as aforesaid, shall be
proof of the service of the same. (Acts 1957, No. 608, p. 865, §6; Acts 1971, No. 407, p.
707, §245.)...
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27-12-21
service of such report, cause a petition to be filed in the circuit court of this state, within
the circuit wherein the person resides or has his principal place of business, to enjoin and
restrain such person from engaging in such method, act, or practice. The court shall have
jurisdiction of the proceeding and shall have power to make and enter appropriate orders in
connection therewith and to issue such writs as are ancillary to its jurisdiction or are necessary
in its judgment to prevent injury to the public pendente lite. (c) A transcript of
the proceedings before the commissioner, including all evidence taken, and the report and
findings shall be filed with such petition. If either party applies to the court for leave
to adduce additional evidence and shows, to the satisfaction of the court, that such additional
evidence is material and there were reasonable grounds for the failure to adduce such evidence
in the proceeding before the commissioner, the court may order such...
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27-17A-20
Section 27-17A-20 Hearing; procedures; penalties. (a) Whenever the commissioner has reason
to believe that any person has engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice as defined in this article, or is
engaging in the sale of preneed contracts without being properly licensed as required by this
article, or is otherwise acting in violation of this chapter, and that a proceeding by the
commissioner in respect thereto would be in the interest of the public, the commissioner shall
institute a proceeding in accordance with this section. (b) A statement of charges, notice,
or order or other process under this chapter may be served by anyone duly authorized by the
commissioner. Service may be made either in the manner provided by law for service of process
in civil actions or by certifying and mailing a copy of the statement to the person affected
by the statement, notice, or order or other process at his or her or its...
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27-32-30
Section 27-32-30 Claims upon liquidation of insurer - Allowance. (a) No contingent and unliquidated
claim shall share in a distribution of the assets of an insurer which has been adjudicated
to be insolvent by an order made pursuant to this chapter; except, that such claim shall be
considered, if properly presented, and may be allowed to share where: (1) Such claim becomes
absolute against the insurer on or before the last day for filing claims against the assets
of such insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon
the basis that such insurer is solvent. (b) Where an insurer has been so adjudicated to be
insolvent, any person who has a cause of action against an insured of such insurer under a
liability insurance policy issued by such insurer shall have the right to file a claim in
the liquidation proceeding, regardless of the fact that such claim may be contingent, and
such claim may be allowed: (1) If it may be reasonably inferred from the proof...
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27-36A-18
Section 27-36A-18 Confidentiality. (a) For purposes of this section, "confidential information"
shall mean all of the following: (1) A memorandum in support of an opinion submitted under
Section 27-36A-4 and any other documents, materials, and other information, including, but
not limited to, all working papers, and copies thereof, created, produced, or obtained by
or disclosed to the commissioner or any other person in connection with such memorandum. (2)
All documents, materials, and other information, including, but not limited to, all working
papers, and copies thereof, created, produced, or obtained by or disclosed to the commissioner
or any other person in the course of an examination made under subsection (f) of Section 27-36A-15;
provided, however, that if an examination report or other material prepared in connection
with an examination made under Chapter 2 is not held as private and confidential information
under Section 27-2-24, an examination report or other material...
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40-29-22
the existence of such lien. (2) MOTOR VEHICLES. With respect to a motor vehicle (as defined
in subsection (g)(3)), as against a purchaser of such motor vehicle, if: a. At the time of
the purchase such purchaser did not have actual notice or knowledge of the existence of such
lien; and b. Before the purchaser obtains such notice or knowledge, he has acquired possession
of such motor vehicle and has not thereafter relinquished possession of such motor vehicle
to the seller or his agent. (3) PERSONAL PROPERTY PURCHASED AT RETAIL. With respect
to tangible personal property purchased at retail, as against a purchaser in the ordinary
course of the seller's trade or business, unless at the time of such purchase such purchaser
intends such purchase to (or knows such purchase will) hinder, evade, or defeat the collection
of any tax under this title. (4) PERSONAL PROPERTY PURCHASED IN CASUAL SALE. With respect
to household goods, personal effects, or other tangible personal property purchased...
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