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34-27-8.1
Section 34-27-8.1 Real Estate Commission - Legislative findings; rulemaking authority. (a)
The Legislature finds and declares all of the following: (1) The power to make rules regulating
the licensing of real estate brokers and salespersons includes the power to prohibit unqualified
persons from being licensed as a real estate broker or salesperson. (2) A primary goal of
the provision of real estate regulation is to prioritize consumer protection in real estate
transactions. (3) The Alabama Real Estate Commission is in the best position to determine
the real estate practices that prioritize consumer protection in real estate transactions.
(4) Prioritizing consumer protection may sometimes be at odds with the goals of state and
federal antitrust laws, which include the prioritization of competition. (5) It is the intent
of the Legislature to immunize the Alabama Real Estate Commission and its members from liability
under state and federal antitrust laws for the adoption of a rule that...
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8-7A-13
Section 8-7A-13 Reports. (a) A licensee shall file a report to the commission within 15 business
days of any material change in information provided in a licensee's application. (b) A licensee
shall file a report with the commission within five business days after the licensee has reason
to know of the occurrence of any of the following events: (1) The filing of a petition by
or against the licensee under the United States Bankruptcy Code for bankruptcy or reorganization.
(2) The filing of a petition by or against the licensee for receivership, the commencement
of any other judicial or administrative proceeding for its dissolution or reorganization,
or the making of a general assignment for the benefit of its creditors. (3) The commencement
of a proceeding to revoke or suspend its license in a state or country in which the licensee
engages in business or is licensed. (4) The cancellation or other impairment of the licensee's
bond or other security. (5) A charge or conviction of the...
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5-25-3
Section 5-25-3 Persons excluded. The following persons are not subject to the provisions of
this chapter: (1) Any depository institution as defined in Section 3 of the Federal Deposit
Insurance Act, any subsidiary institution that is owned and controlled by a depository institution,
and employees of any of the foregoing. Bank holding companies and subsidiaries of bank holding
companies, thrift holding companies and subsidiaries of thrift holding companies, trust companies,
savings or building and loan associations, savings banks and other thrift institutions, credit
unions, and all other affiliates of each of the above persons if more than 50 percent of the
affiliate's shares or other ownership interests are owned or controlled by such person, and
federally or state constituted agencies and employees of any of the foregoing. (2) Any person
licensed under Section 5-19-22. (3) An attorney licensed to practice law in Alabama who is
not principally engaged in negotiating mortgage loans...
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34-27A-3
Section 34-27A-3 License required to do certain acts; unlawful behavior; violations; assistance
with appraisal; evaluations. (a) It shall be unlawful for any person, partnership, or corporation,
for a fee or other valuable consideration, or with the intention or expectation of receiving
or collecting a fee or valuable consideration from another, to do any of the following unless
he or she is licensed under this article: (1) To be employed to perform or to perform an appraisal
as defined in this article where the subject property of the assignment lies within the borders
of the State of Alabama. (2) Present himself or herself, or allow himself or herself to be
presented, as being able to perform an appraisal for which a license is required under this
article. (b) It shall be unlawful for a person, other than a licensed real estate appraiser,
to assume or use that title or any title, designation, or abbreviation likely to create the
impression of licensure as a real estate appraiser by...
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45-32-150.13
Section 45-32-150.13 Tax due on pari-mutuel pools; distribution of contributions. Every licensee
conducting race meetings under this part, shall pay to the ex-officio treasurer of the racing
commission for the use of the commission, a tax in an amount equal to four percent of the
total contributions to all pari-mutuel pools conducted or made on any race track licensed
under this part. The commission of a licensee on a pari-mutuel pool shall in no event exceed
18 percent of the amount contributed to the pari-mutuel pool, which amount shall include the
four percent tax heretofore provided. After the deduction of the four percent for the use
of the commission and the percentage commission of the licensee, the remainder of the total
contributions to each pool shall be divided among and redistributed to the contributors to
such pools betting on the winning dog. The amount of each redistribution for each winning
bet placed shall be determined by dividing the total amount remaining in the...
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34-1A-4
Section 34-1A-4 Duties of board. (a) The board shall promulgate rules and standards for the
training and licensing of locksmiths and system installers. The board shall examine and license
and shall establish classifications for the purpose of training and licensing for licensees
under this chapter based on the work performed. Licensees shall be classified as administrative
employee, salesperson, locksmith, burglar alarm installer, electronic access control system
installer, closed circuit television system installer, qualifying agent, or monitoring station
employee. Licensees shall be licensed in an appropriate classification in order to perform
work in each respective classification. (b) The board, after a public hearing and consultation
with persons who are knowledgeable regarding the business and pursuant to the Alabama Administrative
Procedure Act, shall establish by board rules or regulations competency standards and any
changes of the standards. (c) The board may evaluate the...
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8-19A-9
Section 8-19A-9 License renewal. (a) Each person licensed under this chapter shall renew his
or her license annually by paying the fee for licensing and submitting to the division the
application required by this chapter. (b) Except as otherwise provided in subsection (c),
if any material change in the information submitted for licensing occurs before the date for
renewal, a licensee shall submit that information to the division in the manner prescribed
by the division, along with a fee in the amount of ten dollars ($10). (c) If any change is
made to any script, outline, presentation, sales information, or literature used by a licensee
in connection with any solicitation, the new or revised material shall be submitted by the
licensee to the division within 10 days of the change. (d) If any licensee has a change of
address or status required to be disclosed pursuant to Sections 8-19A-5 to 8-19A-7, inclusive,
notification shall be made to the division in writing within 10 days of the...
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34-8A-18
Section 34-8A-18 Penalties; review; disciplinary oversight of licensees; legal counsel. (a)
In addition to any other powers and functions which may be conferred upon it by law, the board
may issue an order assessing a civil penalty not less than five hundred dollars ($500) and
not more than five thousand dollars ($5,000) against any person who holds himself or herself
out to the public as a licensed professional counselor or associate licensed counselor or
who uses any title or description as prescribed in subdivisions (1) and (4) of Section 34-8A-2,
or who shall engage in the private practice of counseling and does not then possess in full
force and virtue a valid license to engage in private practice as a licensed professional
counselor or associate licensed counselor under this chapter. (b) In determining the amount
of any penalty, the board shall consider the seriousness of the violation, including any threat
to the health, safety, or welfare of the public, the unlawful gain or...
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45-32-150.10
Section 45-32-150.10 Production of documents, etc.; removal of certain licensee employees;
recordkeeping; inspections; witnesses. The commission is empowered to compel the production
of any and all books, memoranda, or documents showing the receipts and disbursements of any
person, association, or corporation licensed to conduct race meetings under this part. The
commission may at any time require the removal of any employee or official employed by any
licensee hereunder whenever it has reason to believe that such employee or official is guilty
of any improper practice in connection with racing, has failed to comply with any condition
of the license, or has violated any rule adopted by the commission. The commission shall have
the power to require that the books and financial or other statements of any licensee be kept
in a manner and method provided by the commission; and the commission shall be authorized
to visit, investigate, and place auditors and inspectors in the offices,...
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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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