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27-34-50
Section 27-34-50 Actions to enjoin or in quo warranto; liquidation; receivership. (a) When
the commissioner upon investigation finds that a domestic society: (1) Has exceeded its powers;
or (2) Has failed to comply with any provision of this chapter; or (3) Is not fulfilling its
contracts in good faith; or (4) Has a membership of less than 400 after an existence of one
year or more; or (5) Is conducting business fraudulently or in a manner hazardous to its members,
creditors, the public or the business, he shall notify the society of his findings, state
in writing the reasons for his dissatisfaction and require the society to show cause on a
date named why it should not be enjoined from carrying on any business until the violation
complained of shall have been corrected or why an action in quo warranto should not be commenced
against the society. (b) If on such date the society does not present good and sufficient
reasons why it should not be so enjoined or why such action should not...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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5-8A-27
Section 5-8A-27 Application by bank for injunction against acquisition of possession of business
and property by receiver or superintendent. Whenever the superintendent or a receiver has
taken charge of the property or business of any bank, such bank may at any time within 10
days after the taking of such possession apply to the receivership court to enjoin further
proceedings by the receiver or superintendent; and the court, after citing the receiver and
superintendent to show cause why further proceedings should not be enjoined and hearing the
allegations and proof of the parties and determining the facts, may, upon the merits, dismiss
such application or enjoin the receiver or superintendent from further proceedings and direct
him to surrender such business and property to such bank. Any such application for injunction
may be heard at any time in the discretion of the receivership court after one day's notice
from the time of service of process on the receiver and superintendent. If...
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27-25-9
Section 27-25-9 Violations; enforcement of chapter; penalties. (a) Each individual transaction
which is in violation of this chapter or which does not otherwise conform to the requirements
of this chapter shall be considered a violation. (b) This chapter shall be enforceable only
by the commissioner and does not create any private cause of action or other private legal
recourse. (c) The commissioner may, in his or her discretion and upon good cause shown, revoke
the certificate of authority of a title agent, revoke the license issued to a title insurer,
or impose a fine in an amount not to exceed five hundred dollars ($500) for each violation
of this chapter or of any rule or regulation promulgated under this chapter. No title insurer
shall pay, directly or indirectly, any portion of a fine imposed on any agent of the title
insurer. In addition, the commissioner may impose a fine in an amount not to exceed five thousand
dollars ($5,000) per violation upon a finding that an agent or an...
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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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8-33-11
are necessary to enable the commissioner to reasonably determine compliance or noncompliance
with this chapter. (b) The commissioner may take action that is necessary or appropriate to
enforce this chapter, the commissioner's rules and orders, and to protect warranty holders
in this state. If a warrantor engages in a pattern or practice of conduct that violates this
chapter and that the commissioner reasonably believes threatens to render the warrantor insolvent
or cause irreparable loss or injury to the property or business of any person or company
located in this state, the commissioner may do any of the following: (1) Issue an order directed
to that warrantor to cease and desist from engaging in further acts, practices, or transactions
that are causing the conduct. (2) Issue an order prohibiting that warrantor from selling or
offering for sale vehicle protection products in violation of this chapter. (3) Issue an order
imposing a civil penalty on that warrantor. (4) Issue any...
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5-2A-63
Section 5-2A-63 Savings and Loan Board; appeals from orders, etc., of commissioner or board.
(a) There is hereby created a Savings and Loan Board, consisting of the Savings and Loan Commissioner,
who shall be the ex officio chairman of the board and four persons who shall be appointed
by the Governor and who shall be persons with actual practical experience for at least three
years in the operation and management of an institution of the savings and loan type. The
members of the board shall serve without compensation; except that members shall be paid their
travelling expenses in connection with the performance of their duties as members of the board
plus $10.00 per diem while engaged in the performance of such duties. Such travelling expenses
shall be paid out of the treasury. The board shall have such rights, powers and privileges
and shall be subject to such duties as are provided by Chapter 16 of this title. The board
shall maintain in the office of the commissioner permanent...
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5-18-10
Section 5-18-10 Examinations of licensees; investigations; enforcement powers of supervisor.
(a) Annual examinations of licensees. At least once each year and at such other time as may
be deemed necessary by the Supervisor of the Bureau of Loans, an examination shall be made
of the place of business of each licensee and of the loans, transactions, books, papers, and
records of the licensee so far as they pertain to the business licensed under this chapter.
As cost of examination, the licensee shall pay to the Bureau of Loans the actual cost of each
examination, the amount of which shall be reasonably prescribed under rules and regulations
promulgated by the Superintendent of Banks; provided, however, the cost for each day of examination
by each examiner shall not exceed eight times the average hourly rate for auditing purposes
as charged by three recognized certified public accountancy firms in the City of Montgomery,
Alabama. In addition thereto, the licensee shall pay as per diem the...
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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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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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