Code of Alabama

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38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining
to such a person shall not be open for public inspection. Information in a record shall not
be disclosed publicly in such a manner as to identify individuals, but may be made available
on application for cause to persons approved by the commissioner of the department or by the
court. (f) Placement may be made in an appropriate alternative living arrangement such as
a licensed nursing home, licensed personal care facility, or approved foster care home.
No person shall be committed to a mental health facility under this chapter. A court may enter
orders granting the department additional time to locate an appropriate licensed facility
in which to place a person living in an unlicensed facility. (g) If the person is eligible
for the adult services program of the department, usual department policies shall be followed
in regard to fees or payments, or both. If the person's income or resources, or...
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40-16-1
exception that the credit for licenses or taxes as provided by Section 40-16-8 and the rules
adopted pursuant thereto by the Department of Revenue will not apply to amounts of excise
tax on financial institutions imposed hereby and paid by such parent corporation. Financial
institution shall not mean or include individual citizens and fiduciaries acting in a representative
capacity for individual citizens, not engaged in a banking, loan, investment, or similar business,
but merely making personal investments of personal or fiduciary funds in bonds,
notes, or other evidences of indebtedness and not made in competition with the business of
national banks, nor shall such term apply to insurance companies or insurance associations
merely making investments of reserves in bonds, notes or other evidences of indebtedness and
not made in competition with the business of national banks. (2) INTERNAL REVENUE CODE or
U.S.C. All references in this chapter to the Internal Revenue Code or to 26...
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5-26-3
by the Farm Credit Administration; and (b) Is registered with, and maintains a unique identifier
through, the Nationwide Mortgage Licensing System and Registry, or if prior to the Federal
Banking Agencies establishing a registration system, would be subject to registration under
the registration system when established by the Federal Banking Agencies and then would maintain
a unique identifier. (12) RESIDENTIAL MORTGAGE LOAN. The term "residential mortgage loan"
means any loan primarily for personal, family, or household use that is secured by
a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling
(as defined in Section 103(v) of the Truth in Lending Act) or residential real estate upon
which is constructed or intended to be constructed a dwelling. (13) RESIDENTIAL REAL ESTATE.
The term "residential real estate" means any real property located in Alabama, upon
which is constructed or intended to be constructed a dwelling. (14) SUPERVISOR. The...
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12-17-226.2
A person charged with any of the following offenses may apply for the pretrial diversion program:
(1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving
forcible compulsion or incapacity of a victim. (4) A misdemeanor or violation, except the
district attorney may determine that a person charged with a misdemeanor offense or violation
is ineligible to apply for the program if it is in the best interest of the victim, the offender,
the community, or justice. (5) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial...
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12-25-32
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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13A-9-150
improperly charted, coded, or billed for any medical or health care service, common practices,
including but not limited to, repayment, even years later, may use as a defense to, or ground
for dismissal of, a prosecution under this section. (i) The introduction into evidence of
a paid state warrant to the order of the defendant is prima facie evidence that the defendant
did receive public assistance from the state. (j) The introduction into evidence of a transaction
history generated by a personal identification number (PIN) establishing a purchase
or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient
received public assistance from the state. (k)(1) If an original record is admissible in any
case or proceeding in a court in the state, a certified copy of the record in the custody
of any federal or state agency relating to an investigation of public assistance fraud under
this section shall be admissible when certified and affirmed by the...
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27-31A-3.1
Section 27-31A-3.1 Risk retention groups to comply with governance standards. (a) By January
1, 2016, existing risk retention groups shall be in compliance with the governance standards
set forth in this section. New risk retention groups shall be in compliance with these standards
at the time of licensure. (b) The board of directors or board, as used in this section, means
the governing body of the risk retention group elected by the shareholders or members to establish
policy, elect or appoint officers and committees, and make other governing decisions. Director,
as used in this section, means a natural person designated in the articles of the risk retention
group, or designated, elected, or appointed by any other manner, name, or title to act as
a member of the board of directors. (c)(1) The board of directors of the risk retention group
shall have a majority of independent directors. If the risk retention group is a reciprocal,
then the attorney-in-fact would be required to adhere...
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38-12A-2
to have been perpetrated by a member of the foster parent's household, the process for disposition
of these allegations, and any review process for reports of indicated child abuse and neglect
upon receipt of the allegations. A written notification of any report in which a finding is
not indicated on the county level shall be provided to a foster parent within five days of
the findings. (21) The right to copies of all information relative to their family and services
contained in the personal foster home record. (22) The right to mediation procedures
that may be developed and adopted by the department and the Alabama Foster and Adoptive Parent
Association Board. The foster parent may request mediation in accordance with any mediation
policy adopted by the department and the Alabama Foster and Adoptive Parent Association Board
without threat of reprisal. (23) The right to appeal the closing of a foster family home by
the department in accordance with any appeal procedure adopted...
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38-2-6
caring for, receiving, or placing minor children and to revoke such license for cause. (14)
Establish and maintain homes or other agencies for the care of dependent or neglected minor
children or contract with any approved agency or institution for the care of such children,
and, also, receive and care for dependent or neglected minor children committed to its care,
make a careful physical examination and, if possible, a mental examination of every such child,
investigate in detail the personal and family history of the child and its environment,
and place such children in family homes or in approved suitable institutions operating in
accordance with the provisions of this title and supervise such children however placed. (15)
Require reports from courts and institutions, public and private, to the extent and in the
form and manner as required by law. (16) Solicit, receive, and hold gifts, devises, and bequests
of money, real estate, and other things of value to be used in the...
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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share
of the amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has
received a written demand by the surviving spouse, a creditor, a child, or a...
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