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7-2-615
Section 7-2-615 Excuse by failure of presupposed conditions. Except so far as a seller
may have assumed a greater obligation and subject to Section 7-2-614 on substituted
performance: (a) Delay in delivery or nondelivery in whole or in part by a seller who complies
with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance
as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence
of which was a basic assumption on which the contract was made or by compliance in good faith
with any applicable foreign or domestic governmental regulation or order whether or not it
later proves to be invalid. (b) Where the causes mentioned in paragraph (a) affect only a
part of the seller's capacity to perform, he must allocate production and deliveries among
his customers but may at his option include regular customers not then under contract as well
as his own requirements for further manufacture. He may so allocate in any manner...
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27-2-23
Section 27-2-23 Examinations - How conducted. (a) The examination may be conducted by
the commissioner or his accredited examiners at the offices wherever located of the person
being examined and at such other places as may be required for determination of matters under
examination. (b) Every person being examined, its officers, attorneys, employees, agents,
and representatives, shall make freely available to the commissioner or his examiners the
accounts, records, documents, files, information, assets, and matters in his possession or
control relating to the subject of the examination. (c) If the commissioner or examiner finds
any account or record of an insurer being examined to be inadequate or inadequately kept or
posted for proper examination of the condition and affairs of the examinee, he shall give
written notice to such examinee specifying: (1) The deficiencies to be corrected; and (2)
A reasonable period within which to correct the stated deficiencies. If the examinee fails...
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33-4-48
Section 33-4-48 Pay of pilots - Generally. (a) The master, owner, agent, or operator
of any ship or vessel shall pay the pilot who conducts a vessel into or out of the Bay or
Harbor of Mobile a fee to be fixed by the State Pilotage Commission at the following rate
for actual draft of water at the time of pilotage for every vessel crossing the outer bar
of Mobile Bay: Effective January 1, 2010, the sum of thirty-one dollars ($31) per draft foot;
effective January 1, 2014, the sum of thirty-three dollars ($33) per draft foot; effective
January 1, 2015, the sum of thirty-five dollars ($35) per draft foot; and effective January
1, 2016, and thereafter, the sum of thirty-seven dollars ($37) per draft foot. The minimum
pilot fee shall be computed on a minimum of 15 feet regardless of whether or not the vessel
has a draft of less than 15 feet at the time of pilotage. (b) In addition to the pilotage
fee based on the draft of the vessel, there shall also be paid to the pilots the following...
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34-23-158
Section 34-23-158 Retention of records. Any procedures or other records required to
comply with good compounding practices shall be retained for the same period of time as required
for retention of prescription records. All records required to be retained under good compounding
practices, or copies of such records, shall be readily available for authorized inspection.
Computer information and the hard copy of the prescription shall indicate that the prescription
is to be compounded. Adequate records are required to be kept of any controlled dangerous
substances or scheduled drugs which are used in compounding. (Act 2003-389, p. 1094, §9.)...
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34-43-10
Section 34-43-10 Massage therapist examination. (a) In the event that a massage therapist's
examination is required, it shall be conducted at the times and places and under the supervision
determined by the board. The board shall notify each applicant of the time and place of the
examination. (b) The board may determine by rule the scope, form, and content of the examination,
which shall consist of a written examination and a practical examination or oral interview.
The examination shall adequately measure the knowledge of the applicant of the practice of
massage therapy. Professional testing services may be utilized. (c) An applicant shall successfully
pass the examination in order to be eligible for licensure as a massage therapist. The board
shall notify each applicant in writing of the results of the examination. Any applicant who
fails to pass the examination may take the examination again upon application and payment
of an additional examination fee. No applicant shall be allowed...
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7-2A-405
Section 7-2A-405 Excused performance. Subject to Section 7-2A-404 on substituted
performance, the following rules apply: (a) Delay in delivery or nondelivery in whole or in
part by a lessor or a supplier who complies with paragraphs (b) and (c) is not a default under
the lease contract if performance as agreed has been made impracticable by the occurrence
of a contingency the nonoccurrence of which was a basic assumption on which the lease contract
was made or by compliance in good faith with any applicable foreign or domestic governmental
regulation or order, whether or not the regulation or order later proves to be invalid. (b)
If the causes mentioned in paragraph (a) affect only part of the lessor's or the supplier's
capacity to perform, he or she shall allocate production and deliveries among his or her customers
but at his or her option may include regular customers not then under contract for sale or
lease as well as his or her own requirements for further manufacture. He or she...
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27-30-9
Section 27-30-9 Certificate of authority - Issuance or refusal. If, upon completion
of the application for a certificate of authority, the commissioner finds: (1) That the documents
filed with the application are lawful and equitable in terms and have been properly executed
and filed; (2) That the applicant has the amount of unimpaired paid-in capital stock and/or
surplus as required under this chapter and has made the deposit required under Section
27-30-18; (3) That the forms of contracts, policies, or other agreements proposed to be used
by the association in this state fulfill the requirements of Section 27-30-14 and are
not disapproved by him on any ground referred to in subsection (c) of Section 27-30-14;
(4) That the proposed schedule of fees, dues, contributions, or other sums to be charged or
received by the association are provided for on a practical and feasible basis and would be
adequate in amount to cover the risks and obligations to be assumed by the association under...
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37-9-9
Section 37-9-9 Inquiries into business of air carriers, brokers, etc. The commission
shall have authority, for purposes of the administration of the provisions of this chapter,
to inquire into the management of the business of air carriers and brokers and into the management
of the business of persons controlling, controlled by or under common control with air carriers,
to the extent that the business of such persons is related to the management of the business
of one or more air carriers, and the commission shall keep itself informed as to the manner
and method in which the same are conducted and may require such carriers and persons to furnish
such information as the commission deems necessary to carry out the provisions of this chapter.
(Acts 1945, No. 269, p. 414, §6.)...
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27-10-1
Section 27-10-1 Representing or aiding unauthorized insurer not allowed; exceptions;
validity of contracts. (a) No person shall in this state, directly or indirectly, act as agent
for, or otherwise represent or aid on behalf of another, any insurer not then authorized to
transact such insurance in this state in the solicitation, negotiation, or effectuation of
insurance or annuity contracts, forwarding of applications, delivery of policies or contracts,
inspection of risks, fixing of rates, investigation or adjustment of losses, collection of
premiums, or in any other manner in the transaction of insurance with respect to subjects
of insurance resident, located or to be performed in this state. (b) This section shall
not apply to: (1) Acceptance of service of process by the commissioner under Section
27-10-52; (2) Surplus lines insurance or coverage specified in Section 27-10-34 and
other transactions as to which a certificate of authority is not required of an insurer; (3)
Adjustment...
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27-3-14
Section 27-3-14 Deposit requirements - Alien insurers - Generally. (a) An alien insurer
shall not have authority to transact insurance in this state unless it has and maintains within
the United States as deposits with trustees, public depositaries or in trust institutions
approved by the commissioner under Section 27-3-15 assets available for discharge of
its United States insurance obligations, which assets shall be in amount not less than the
outstanding liabilities of the insurer arising out of its insurance transactions in the United
States together with the greater of the following sums: (1) The largest deposit required by
Section 27-3-11 to be made by foreign insurers transacting like kinds of insurance;
or (2) $300,000.00. (b) Of the amount deposited by an alien insurer, an amount not less than
that required under subdivisions (a)(1) or (a)(2) of this section shall be deposited
and maintained on deposit in cash or securities eligible for deposit under Section
27-6-3 with the...
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