27-32-14
Section 27-32-14 Conservation or liquidation of property. (a) An order to conserve the assets
of a foreign or alien insurer shall require the commissioner forthwith to take possession
of the property of the insurer within this state and to conserve it, subject to the further
direction of the court. (b) An order to liquidate the assets in this state of a foreign insurer
shall require the commissioner forthwith to take possession of the property of the insurer
within this state and to liquidate it, subject to the orders of the court and with due regard
to the rights and powers of the domiciliary receiver as provided in this chapter. (Acts 1971,
No. 407, p. 707, §633.)...
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27-32-33
Section 27-32-33 Assessments - Levy. (a) Upon the basis of the report provided for in Section
27-32-32, including any amendments thereto, the court may, of its own motion, order the commissioner
to levy one or more assessments against all members of such insurer who, as shown by the records
of the insurer, were members, if a mutual insurer, or subscribers, if a reciprocal insurer,
at any time within one year prior to the date of issuance of the order to show cause under
Section 27-32-4. (b) Such assessment or assessments shall cover the excess of the probable
liabilities over the reasonable value of the assets, together with the estimated cost of collection
and percentage of uncollectability thereof. The total of all assessments against any member
or subscriber with respect to any policy, whether levied pursuant to this chapter or pursuant
to any other provision of law, shall be for no greater amount than that specified in the policy
or policies of the member or subscriber; except,...
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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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27-44-14
Section 27-44-14 Liability of unpaid assessments; records of negotiations and meetings; association
deemed creditor of impaired or insolvent insurer; judicial distribution of ownership rights
of insolvent insurer; recovery by receiver of certain distributions from controlling affiliates.
(a) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments
of the insureds on an impaired or insolvent insurer operating under a plan with assessment
liability. (b) Records shall be kept of all negotiations and meetings in which the association
or its representatives are involved to discuss the activities of the association in carrying
out its powers and duties under Section 27-44-8. Records of such negotiations or meetings
shall be made public only upon the termination of a liquidation, rehabilitation, or conservation
proceeding involving the impaired or insolvent insurer, upon the termination of the impairment
or insolvency of the insurer, or upon the order of a...
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27-5B-8
Section 27-5B-8 Certified reinsurer. (a) Credit shall be allowed when the reinsurance is ceded
to an assuming insurer that is certified by the commissioner as a reinsurer in this state
and secures its obligations in accordance with the requirements of this section. In order
to be eligible for certification, the assuming insurer shall meet all of the following requirements:
(1) The assuming insurer must be domiciled and licensed to transact insurance or reinsurance
in a qualified jurisdiction, as determined by the commissioner pursuant to subsection (c).
(2) The assuming insurer must maintain minimum capital and surplus, or its equivalent, in
an amount to be determined by the commissioner pursuant to regulation. (3) The assuming insurer
must maintain financial strength ratings from two or more rating agencies deemed acceptable
by the commissioner pursuant to regulation. (4) The assuming insurer must agree to submit
to the jurisdiction of this state, appoint the commissioner as its agent...
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34-21-126
Section 34-21-126 Interstate Commission of Nurse Licensure Compact Administrators. (a) The
party states hereby create and establish a joint public entity known as the Interstate Commission
of Nurse Licensure Compact Administrators. (1) The commission is an instrumentality of the
party states. (2) Venue is proper, and judicial proceedings by or against the commission shall
be brought solely and exclusively, in a court of competent jurisdiction where the principal
office of the commission is located. The commission may waive venue and jurisdictional defenses
to the extent the commission adopts or consents to participate in alternative dispute resolution
proceedings. (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings. (1) Each party state shall have and be limited to one
administrator. The head of the state licensing board for each party state, or his or her designee,
shall be the administrator of this compact for that...
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37-3-29
Section 37-3-29 Appeals. From any final action or order of the commission in the exercise of
the jurisdiction, power or authority, conferred upon the commission by this chapter, an appeal
shall lie to the circuit court of the county of the carrier's residence or in which he has
his principal place of business or to the Circuit Court of Montgomery County, Alabama, and
thence to the Supreme Court of Alabama. Appeals to a circuit court must be taken within 30
days after the date of such final action or order, and such appeals and the supersedeas and
stay of action or order appealed from in other respects shall be governed by the provisions
of the law respecting appeals in other cases from the final orders and actions of the commission.
Appeals to the supreme court from judgments of the circuit court shall be governed by the
Alabama Rules of Appellate Procedure. (Acts 1939, No. 669, p. 1064, §27; Code 1958, T. 48,
§301(27).)...
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39-7-5
Section 39-7-5 Summary proceedings for review, etc., of sufficiency of petition. The probate
or circuit court or any judge thereof within the county shall have summary jurisdiction upon
complaint of an elector to determine the sufficiency of the petition and shall make such order
as justice may require as to such sufficiency. Such summary proceeding shall be instituted
within 10 days after the petition is filed with the clerk or probate judge. (Acts 1935, No.
40, p. 72; Code 1940, T. 50, §21.)...
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44-1-2
Section 44-1-2 Definitions. The following terms, wherever used in this chapter, shall have
the following meanings: (1) AFTERCARE. A youth is released by the department from a state
training school operated by the department, wherein the department releases legal custody,
supervision, and the right to return until further order of the juvenile court. The term means
a legal status created by order of the committing court at the time of release from a state
training school whereby a youth is permitted to return to the community subject to supervision
by the court or any agency designated by the court and subject to return to the court at any
time during the aftercare period. (2) BOARD. The Alabama Youth Services Board. (3) BOARD MEMBER.
Any member of the Alabama Youth Services Board. (4) COMMITTED YOUTH. Any youth committed to
the legal custody of the department upon a finding of delinquency and a finding by a juvenile
judge that the youth is in need of care or treatment, or both, in a...
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27-12A-9
Section 27-12A-9 Administrative cease and desist authority. Whenever it appears to the commissioner
that any person has engaged in or is about to engage in any act or practice constituting a
violation of any provision of this chapter or any rule or order hereunder, the commissioner
may, in the commissioner's discretion, do either or both of the following: (1) Issue a cease
and desist order, with or without a prior hearing, against the person or persons engaged in
the prohibited activities, directing them to cease and desist from engaging in the act or
practice. (2) Bring an action in any court of competent jurisdiction to enjoin the act or
practice and to enforce compliance with this chapter or any rule or order issued hereunder.
Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus
shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's
assets. In addition, upon a proper showing by the commissioner,...
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