Code of Alabama

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27-29-10
Section 27-29-10 Violations and penalties; criminal proceedings. (a) Any insurer failing, without
just cause, to file any registration statement as required in this chapter shall be required,
after notice and hearing, to pay a penalty of up to one thousand dollars ($1,000) for each
day's delay, to be recovered by the commissioner and the penalty so recovered shall be paid
into the state General Fund. The maximum penalty under this section is fifty thousand dollars
($50,000). The commissioner may reduce the penalty if the commissioner, in the commissioner's
sole discretion, determines it is equitable to do so or the insurer demonstrates to the commissioner
that the imposition of the penalty would constitute a financial hardship to the insurer. (b)
Every director or officer of an insurance holding company system who knowingly violates, participates
in, or permits any of the officers or agents of the insurer to engage in transactions or make
investments that have not been properly...
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8-19-12
Section 8-19-12 Violations. (a) Any person who continuously and willfully violates any provision
of this chapter shall be guilty of a Class A misdemeanor. (b) In addition to any other penalties
set forth in this chapter, a person who violates subdivision (23) of Section 8-19-5: (1) Shall
be guilty of a Class A misdemeanor. (2) Shall be subject to the revocation of any license
or permit pertaining to the sale or distribution of cigarettes or other tobacco products,
including, but not limited to, any license or permit issued by the Commissioner of Revenue
pursuant to Chapter 25 of Title 40. (c) Notwithstanding any other provision of law, any law
enforcement officer or agent of the Department of Revenue shall seize any cigarettes that
are acquired, held, owned, possessed, transported in, imported into, or sold or distributed
in this state in violation of subdivision (23) of Section 8-19-5. Any cigarettes so seized
shall be deemed contraband goods and shall be confiscated and destroyed....
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27-29-5
Section 27-29-5 Transactions of insurers with affiliates; adequacy of surplus; dividends and
other distributions. (a) Transactions within an insurance holding company system to which
an insurer subject to registration is a party shall be subject to all of the following standards:
(1) The terms shall be fair and reasonable. (2) Agreements for cost sharing services and management
shall include such provisions as required by rule and regulation issued by the commissioner.
(3) Charges or fees for services performed shall be reasonable. (4) Expenses incurred and
payment received shall be allocated to the insurer in conformity with customary insurance
accounting practices consistently applied. (5) The books, accounts, and records of each party
to all such transactions shall be so maintained as to clearly and accurately disclose the
nature and details of the transactions including such accounting information as is necessary
to support the reasonableness of the charges or fees to the...
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36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees;
finding of violation. (a) The commission shall do all of the following: (1) Prescribe forms
for statements required to be filed by this chapter and make the forms available to persons
required to file such statements. (2) Prepare guidelines setting forth recommended uniform
methods of reporting for use by persons required to file statements required by this chapter.
(3) Accept and file any written information voluntarily supplied that exceeds the requirements
of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing system
consistent with the purposes of this chapter. (5) Make reports and statements filed with the
commission available during regular business hours and online via the Internet to public inquiry
subject to such regulations as the commission may prescribe. (6) Preserve reports and statements
for a period consistent with the statute of limitations as...
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2-21-26
Section 2-21-26 Inspection, sampling, and analysis. (a) For the purpose of enforcement of this
chapter and in order to determine whether its provisions have been complied with, including
whether or not any operations may be subject to such provisions, officers or employees duly
designated by the commissioner, upon presenting appropriate credentials to the owner, operator,
or agent in charge, are authorized: (1) To enter, during normal business hours, any factory,
warehouse, or establishment within the state in which commercial feeds are manufactured, processed,
packed, or held for distribution, or to enter any vehicle being used to transport or hold
such feeds; and (2) To inspect at reasonable times and within reasonable limits and in a reasonable
manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished
and unfinished materials, containers, and labeling therein. The inspection may include the
verification of only such records, and production and...
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2-22-12
Section 2-22-12 Proceedings upon determination of deficiency in guaranteed primary plant nutrients
in commercial fertilizers - Generally. (a) If the analysis shall show that a commercial fertilizer
is deficient in one or more of its guaranteed primary plant nutrients (NPK) beyond the tolerances
as established by regulation adopted by the State Board of Agriculture and Industries pursuant
to Section 2-22-20, a penalty shall be assessed in accordance with regulations adopted by
the board. (b) Deficiencies in any other constituent or constituents covered under paragraphs
b and c of subdivision (5) of Section 2-22-2, which is required to be or may be guaranteed
shall be evaluated by the commissioner and penalties therefor shall be prescribed by the board;
provided, however, that in no case shall the penalty exceed the selling price of the fertilizer.
(c) Nothing contained in this section shall prevent any person from appealing to a court of
competent jurisdiction for judgment as to the...
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27-29-3.1
Section 27-29-3.1 Acquisition involving change in control of insurer authorized to do business
in Alabama; pre-acquisition notification; violation of competitive standards. (a) The following
definitions shall apply for the purposes of this section only: (1) ACQUISITION. Any agreement
or arrangement the consummation of which results in a person acquiring directly or indirectly
the control of another person, and includes, but is not limited to, the acquisition of voting
securities, the acquisition of assets, bulk reinsurance, and mergers. (2) INVOLVED INSURER.
Includes an insurer which either acquires or is acquired, is affiliated with an acquirer or
acquired, or is the result of a merger. (b)(1) Except as exempted in subdivision (2), this
section applies to any acquisition in which there is a change in control of an insurer authorized
to do business in this state. (2) This section shall not apply to the following: a. A purchase
of securities solely for investment purposes so long as the...
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25-4-8
Section 25-4-8 Employer. (a) Employer, as used in this chapter, prior to January 1, 1978, shall
mean any employing unit which was so defined in this chapter prior to such date. After December
31, 1977, except as otherwise provided in this chapter, employer, as used in this chapter
shall mean: (1) Any employing unit which, after December 31, 1977: a. In any calendar quarter
in either the current or preceding calendar year paid, for service in employment, wages of
one thousand five hundred dollars ($1,500) or more; or b. For some portion of a day in each
of 20 different calendar weeks, whether or not such weeks were consecutive, in either the
current or the preceding calendar year, had in employment at least one individual (irrespective
of whether the same individual was in employment in each such day). (2) Any employing unit
which, having become an employer under this chapter, has not under Sections 25-4-130 and 25-4-131
ceased to be an employer subject to this chapter. (3) For the...
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27-2-24
Section 27-2-24 Examinations - Report; confidentiality of information. (a) The commissioner,
or his or her examiner, shall make a full and true written report of each examination. The
examination report shall contain only information obtained from examination of the books,
records, accounts, files, or other documents of, or relative to, the person examined, its
agents or other persons examined, or as ascertained from the testimony of its officers or
agents or other persons examined concerning its affairs, together with conclusions and recommendations
as the examiners find reasonable warranted from the facts. (b) No later than 60 days following
completion of the examination, the examiner in charge shall file with the department a verified
written report of examination under oath. Upon receipt of the verified report, the department
shall transmit the report to the company examined, together with a notice that the company
examined may make a written submission or rebuttal with respect to...
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6-12-3
Section 6-12-3 Election between settlement and escrow fund. (a) Any tobacco product manufacturer
selling cigarettes to consumers within the state, whether directly or through a distributor,
retailer, or similar intermediary or intermediaries, after June 9, 1999, shall do one of the
following: (1) Become a participating manufacturer, as that term is defined in Section II(jj)
of the Master Settlement Agreement, and generally perform its financial obligations under
the Master Settlement Agreement. (2) a. Place into a qualified escrow fund, by April 15 of
the year following the year in question, the following amounts, as such amounts are adjusted
for inflation: 1999: $.0094241 per unit sold after June 9, 1999; 2000: $.0104712 per unit
sold; For each of 2001 and 2002: $.0136125 per unit sold; For each of 2003 through 2006: $.0167539
per unit sold; For each of 2007 and each year thereafter: $.0188482 per unit sold. b. A tobacco
product manufacturer that places funds into escrow pursuant to...
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