27-2-31
Section 27-2-31 Hearings - Order. (a) In the conduct of hearings under this title and making
his order thereon, the commissioner shall act in a quasi-judicial capacity. (b) Within 30
days after termination of the hearing, or of any rehearing thereof or reargument thereon,
or within such other period as may be specified in this title as to particular proceedings,
the commissioner shall make his order on hearing, covering matters involved in such hearing
and in any such rehearing or reargument, and shall give a copy of such order to the same persons
given notice of the hearing and to all parties to the hearing. (c) The order shall contain
a concise statement of the facts as found by the commissioner, his conclusions therefrom,
and the matters required by Section 27-2-18. (d) The order may affirm, modify, or rescind
action theretofore taken or may constitute the taking of new action within the scope of the
notice of hearing. (e) This section does not apply as to hearings provided for in...
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27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken only
from an order on hearing, or as to a matter on which the commissioner has refused or failed
to hold a hearing after demand therefor under Section 27-2-28 or as to a matter as to which
the commissioner has refused or failed to make his order on hearing as required by Section
27-2-31. Any person who was a party to such hearing or whose pecuniary interests are directly
and immediately affected by any such refusal or failure to grant or hold a hearing and who
is aggrieved by such order, refusal, or failure may appeal from such order or as to any such
matter within 30 days after: (1) The order on hearing has been mailed or delivered to the
persons entitled to receive the same; (2) The commissioner's order denying rehearing or reargument
has been so mailed or delivered; (3) The commissioner has refused or failed to make his order
on hearing as required under Section 27-2-31; or (4) The commissioner...
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27-2-30
Section 27-2-30 Hearings - How conducted. (a) A hearing may be held in the department at Montgomery,
Alabama, or at any other place in this state more convenient to parties and witnesses, as
the commissioner determines. The commissioner or his deputy or examiner shall preside at the
hearing and shall expedite the hearing and all procedures involved therein. (b) Hearings may
be closed to the public at the commissioner's discretion; except that a hearing shall be open
to the public if so requested in writing by any party to the hearing. (c) The commissioner
shall allow any party to the hearing to appear in person and by counsel to be present during
the giving of all evidence, to have a reasonable opportunity to inspect all documentary and
other evidence, to examine and cross-examine witnesses, to present evidence in support of
his interest, and to have subpoenas issued by the commissioner to compel attendance of witnesses
and production of evidence in his behalf. The testimony may be...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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27-12-18
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner
believes that any person has been engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice expressly prohibited in this trade
practices law and that a proceeding by him in respect thereto would be to the interest of
the public, he shall issue and serve upon such person a statement of the charges in that respect
and a notice of a hearing thereon to be held at a time and place fixed in the notice, which
shall not be less than 10 days after the date of the service thereof. (b) At the hearing,
such person shall have an opportunity to be heard and to show cause why an order should not
be made by the commissioner requiring such person to cease and desist from the acts, methods,
or practices so complained of. Upon good cause shown, the commissioner shall permit any person
to intervene, appear, and be heard at such hearing by counsel or...
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27-3-20
Section 27-3-20 Suspension or revocation of certificates - Mandatory grounds; notice and hearing.
(a) The commissioner shall suspend or revoke an insurer's certificate of authority: (1) If
such action is required by any provision of this title; (2) If the insurer no longer meets
the requirements for the authority originally granted on account of deficiency of assets or
otherwise; or (3) If the insurer's authority to transact insurance is suspended or revoked
by its state of domicile or state of entry into the United States if an alien insurer. (b)
Except in cases of insolvency or impairment of required capital or surplus or suspension or
revocation by another state as referred to in subdivision (a) (3) of this section, the commissioner
shall give the insurer at least 10 days' notice in advance of any such suspension or revocation
under this section and of the particulars of the reasons therefor. If the insurer requests
a hearing thereon within such 10 days, such request shall...
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27-27-43
Section 27-27-43 Mutualization of stock insurers. (a) A stock insurer other than a title insurer
may become a mutual insurer under such plan and procedure as may be approved by the commissioner
after a hearing thereon. (b) The commissioner shall not approve any such plan, procedure,
or mutualization unless: (1) It is equitable to stockholders and policyholders; (2) It is
subject to approval by the holders of not less than three-fourths of the insurer's outstanding
capital stock having voting rights and by not less than three-fourths of the insurer's policyholders
who vote on such plan in person, by proxy, or by mail pursuant to such notice and procedure
as may be approved by the commissioner; (3) If a life insurer, the right to vote thereon is
limited to holders of policies other than term or group policies and whose policies have been
in force for more than one year; (4) Mutualization will result in retirement of shares of
the insurer's capital stock at a reasonable price as specified...
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27-2-17
Section 27-2-17 Rules and regulations. (a) The commissioner may make reasonable rules and regulations
necessary for the effectuation of any provision of this title. No such rule or regulation
shall extend, modify, or conflict with any law of this state or the reasonable implications
thereof. (b) Any such rule or regulation affecting persons or matters other than the personnel
or the internal affairs of the commissioner's office shall be made or amended only after a
hearing thereon of which notice was given as required by Section 27-2-29. If reasonably possible
the commissioner shall set forth the proposed rule, regulation, amendment, or summary in or
with the notice of hearing. (c) No such rule or regulation as to which a hearing is required
under subsection (b) of this section above shall be effective until after it has been on file
as a public record in the commissioner's office and in the office of the Secretary of State
for at least 10 days. (d) Upon request and payment of the...
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27-30-12
Section 27-30-12 Certificate of authority - Suspension or revocation - Procedure. (a) If suspension
or revocation of certificate of authority relates to grounds other than the financial condition
of the association, the commissioner shall give the association written notice of his intention
to so suspend or revoke not less than 10 days in advance of the effective date of the proposed
order of suspension or revocation. The notice shall state the grounds of the commissioner's
proposed action, together with such details as reasonably to inform the association thereof.
Notice mailed to the association at its principal place of business last of record with the
commissioner shall be deemed to have been given when so mailed. If within such 10-day period
the association files with the commissioner its written request for a hearing with respect
to the proposed suspension or revocation, setting forth the reasons why, in its opinion, the
commissioner's proposed action is unlawful or should not be...
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45-28-234.12
Section 45-28-234.12 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The sheriff,
or the appointing authority to whom the sheriff has delegated such disciplinary powers, may
remove, discharge, suspend, or demote any employee in the classified service of the office
of the sheriff, provided that within five days thereof, a written report of such action is
made to the board, giving the reason or circumstances surrounding such disciplinary action.
If any aggrieved employee is suspended for more than three days, removed, discharged, or demoted,
he or she shall be entitled to a board hearing on such disciplinary action, upon written demand
thereon within 10 days of such action. A hearing shall be held within 10 days of the receipt
of the written request therefor. All meetings of the board on disciplinary matters shall be
open to the public, and shall observe the aggrieved employee's right to...
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