Code of Alabama

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40-12-416
Section 40-12-416 License - Refusal, cancellation, or revocation - Authority of Commissioner
of Revenue. The Commissioner of Revenue, subject to the notice and appeal provisions set out
in Chapter 2A of this Title 40, is authorized to refuse a license to any person, firm, or
corporation who does not meet the requirements of this article; to cancel the license of any
licensee for willful failure to continue to meet the requirements of this article; and to
refuse, cancel, or revoke a license for the felony conviction of a state or federal law involving
theft or for violation of Chapter 8 of Title 32 or similar laws of other states by an applicant,
a licensee, a partner of an applicant, or licensee or a director or manager in the case of
a corporate applicant or licensee. (Acts 1979, No. 79-756, p. 1342, §10; Acts 1992, No. 92-186,
p. 349, §31.)...
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8-19-8
Section 8-19-8 Restraining orders. (a) Whenever the office of the Attorney General or the office
of the district attorney has reason to believe that any person is engaging in, has engaged
in or is about to engage in any act or practice declared to be unlawful by this chapter, the
Attorney General or the district attorney may bring an action in the name of the state against
such person to restrain by temporary restraining order, temporary or permanent injunction
such acts or practices. However, unless the Attorney General or district attorney determines
that a person subject to the provisions of this chapter designs quickly to depart from this
state or to remove his property therefrom, or to conceal himself or his property therein,
or to continue practices unlawful under this chapter, he shall, before initiating any legal
proceedings is contemplated, allow such person a reasonable opportunity to appear before the
Attorney General or district attorney and solve the dispute to the...
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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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27-29A-8
Section 27-29A-8 Confidentiality. (a) Documents, materials, or other information, including
the ORSA Summary Report, in the possession of or control of the Department of Insurance that
are obtained by, created by, or disclosed to the commissioner or any other person under this
chapter, are recognized by this state as being proprietary and to contain trade secrets. All
such documents, materials, or other information 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. However, the commissioner is authorized
to use the documents, materials, or other information in the furtherance of any regulatory
or legal action brought as a part of the commissioner's official duties. The commissioner
shall not otherwise make the documents, materials, or other information...
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27-3-24
Section 27-3-24 Service of process on insurers - Appointment of commissioner as agent. (a)
Each insurer applying for a certificate of authority to transact business in this state shall
file with the commissioner an appointment of the commissioner and his successors in office,
on a form as furnished by the commissioner, as its attorney upon whom may be served all lawful
process in any action or proceeding against it in this state and therein shall agree that
any such process served upon such attorney shall be of the same force and validity as if served
on the insurer. The appointment shall be irrevocable, shall bind the insurer and any successor
in interest or to the assets or liabilities of the insurer and shall remain in effect as long
as there is outstanding in this state any obligation or liability of the insurer resulting
from its transactions therein. (b) At the time of such appointment of the commissioner as
its process agent, the insurer shall file with the commissioner...
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27-31-25
Section 27-31-25 Nonassessable policies. (a) If a reciprocal insurer has a surplus of assets
over all liabilities at least equal to the minimum capital stock required of a domestic stock
insurer authorized to transact like kinds of insurance, upon application of the attorney and
as approved by the subscribers' advisory committee, the commissioner shall issue his certificate
authorizing the insurer to extinguish the contingent liability of subscribers under its policies
then in force in this state and to omit provisions imposing contingent liability in all policies
delivered, or issued for delivery, in this state for so long as all such surplus remains unimpaired.
(b) Upon impairment of such surplus, the commissioner shall forthwith revoke the certificate.
Such revocation shall not render subject to contingent liability any policy then in force
and for the remainder of the period for which the premium has theretofore been paid; but after
such revocation, no policy shall be issued or...
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28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment
and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this
chapter, a wholesaler with which the supplier has an agreement may maintain a civil action
against the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with
which the wholesaler has an agreement may maintain a civil action against the wholesaler to
recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A
supplier that violates any provision of this chapter shall be liable for all actual damages
and all court costs and, in the court's discretion, reasonable attorney fees incurred by a
wholesaler as a result of that violation. A wholesaler that violates any provision of this
chapter shall be liable for all actual damages and all court costs and, in the...
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34-13-123
Section 34-13-123 Violations. The board may refuse to grant, refuse to renew, suspend, or revoke
the license of, or fine a cremationist or crematory, after proper hearing and notice is provided
to the licensee, upon the board finding the licensee is guilty of any of the following: (1)
Any violation of this chapter or order or rule of the board. (2) The performance of a cremation
service by a person who is not licensed as a cremationist and who has not completed a training
program as required by this chapter. (3) Operating a building or structure within this state
as a crematory without being licensed under this chapter. (4) Violating any cremation procedure
required by this chapter or rule of the board. (5) Performing a cremation without receipt
of a cremation authorization form signed by the authorizing agent. (6) Signing a cremation
authorization form with the actual knowledge that the form contains false or incorrect information.
(7) Accepting human remains from another funeral...
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6-5-160.1
Section 6-5-160.1 Cause of action for public nuisance. It is hereby declared that the use of
any premise to distribute obscene material to minors in violation of Division 5 (commencing
with Section 13A-12-200.1), Article 4, Chapter 12, Title 13A is a public nuisance and the
Attorney General, district attorney, or, when authorized by the local governing body, the
attorney for the county or municipality may file an action in the circuit courts of this state
to abate, enjoin, and prevent the nuisance. A county, by resolution, or a municipality, by
ordinance, may authorize the filing of an action in the circuit court within their jurisdiction
to abate, enjoin, and prevent the nuisance. The actions shall be commenced by the filing of
a complaint alleging the facts constituting the nuisance in circuit court of the county in
which the nuisance is situated. (Act 98-467, p. 893, §2.)...
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8-22-16
Section 8-22-16 Penalties. (a) Any person who violates this chapter shall be subject to a civil
penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such
person shall also be liable for attorney fees and shall be subject to injunctive relief. Each
day that a violation of this chapter occurs shall be considered as a separate violation. (b)
The penalty may be assessed and recovered in a civil action brought by the Attorney General,
or by any district attorney in any court of competent jurisdiction. If brought by a district
attorney, 30 percent of the penalty shall be paid to the office of the district attorney which
brought the action and 70 percent of the penalty shall be paid to the treasury of the county
in which the judgment was entered. If brought by the Attorney General, one-half of the penalty
shall be paid to the treasury of the county where the action was brought and one-half shall
be paid to the State Treasury. (Acts 1984, No. 84-260, p. 433,...
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