Code of Alabama

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27-12A-7
Section 27-12A-7 Enforcement. (a) The enforcement of this chapter shall be vested in the Department
of Insurance. It shall be the duty of the department to see that the provisions of this chapter
are at all times obeyed and to take such measures and to make such investigations as will
prevent or detect the violation of any provision thereof. The department may present to the
Attorney General any credible evidence coming to its knowledge of criminality under this chapter.
In the event of the neglect or refusal of the Attorney General to institute and prosecute
the violation, the department shall be authorized to proceed therein with all the rights,
privileges, and powers conferred by law upon the Attorney General including the power to appear
before grand juries and to interrogate witnesses before grand juries. (b) Nothing in this
article limits the power of the state to punish any person for any conduct which constitutes
a crime by statute or at common law. (c) Nothing in this chapter...
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34-24-380
Section 34-24-380 Penalties for violation of Section 20-2-54, rules, or regulations. (a) In
addition to any other penalty authorized under Section 20-2-54, the State Board of Medical
Examiners, acting in its capacity as a certifying board, may in its discretion assess administrative
fines not to exceed ten thousand dollars ($10,000) for each violation of any of the provisions
of Section 20-2-54, or any rule or regulation duly promulgated by the board. (b) In addition
to the administrative fine authorized in subsection (a), the board may require a physician
or osteopath found to be in violation of Section 20-2-54, to pay the costs, fees, and expenses
of the board incurred in connection with any proceedings before the board, including, but
not limited to, the actual costs of independent medical review and expert testimony, reasonable
and necessary attorney fees and expenses, deposition costs, travel expenses for board staff,
charges incurred for obtaining documentary evidence, and such...
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37-2A-5
Section 37-2A-5 Process for election. (a) An incumbent local exchange carrier, local exchange
carrier, or inter-exchange carrier shall be deemed to have elected to be regulated under this
chapter unless the carrier files written notice with the commission declining regulation under
this chapter not later than August 31, 2005; provided, however, that, any other provision
of this chapter to the contrary notwithstanding, so long as (i) application of any of the
requirements of 47 U.S.C. 251 (b) or (c) shall have been suspended or modified with respect
to an incumbent local exchange carrier pursuant to the provisions of 47 U.S.C. 251 (f) (2),
or (ii) an incumbent local exchange carrier shall be exempt from the obligations of 47 U.S.C.
251 (c) pursuant to the provisions of 47 U.S.C. 251 (f) (1) (A), such incumbent local exchange
carrier shall not be eligible to elect and shall not be deemed to have elected to be regulated
under this chapter unless the incumbent local exchange carrier files...
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40-29A-3
Section 40-29A-3 Tax amnesty program. (a) The department shall develop and implement a tax
amnesty program in accordance with the provisions of this chapter. The commissioner may provide
by rule as necessary for the administration and implementation of the program. The commissioner
shall publicize the program in order to maximize the public awareness of and participation
in the program. The commissioner, for purpose of publicizing the program, may contract with
any advertising agency within or outside this state and use public service announcements,
pamphlets, mail notices, and print, television, and radio announcements. Such publications
shall include increasing public awareness that the program will provide amnesty for sales
and use tax due on internet, mail order, or other purchases made from out-of-state vendors
for which Alabama sales or use tax was not charged at the time of purchase. In furthering
the collections of amnesty, the commissioner may procure amnesty program...
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5-13B-131
Section 5-13B-131 Establishment of interstate branches in this state by out-of-state foreign
banks. (a) Except as provided in subsection (b), an out-of-state foreign bank may establish
an interstate Alabama state branch in the same manner, including by merger or other transactions
under Section 44 of the Federal Deposit Insurance Act, and comparable provisions of the laws
of this state, with Alabama banks or other institutions, as, and subject generally to the
same criteria, standards, conditions, requirements, and procedures applicable to the establishment
of interstate branches in this state by, an out-of-state bank having the same home state in
the United States, notwithstanding any provision of the laws or regulations of this state
to the contrary. (b) Notwithstanding the provisions of subsection (a), the superintendent:
(1) Shall apply to the establishment of an initial interstate Alabama state branch, and subsequent
intrastate Alabama branches, of any out-of-state foreign bank...
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10A-2A-8.31
Section 10A-2A-8.31 Standards of liability for directors. Notwithstanding Division C of Article
3 of Chapter 1: (a) A director shall not be liable to the corporation or its stockholders
for any decision to take or not to take action, or any failure to take any action, as a director,
unless the party asserting liability in a proceeding establishes that: (1) no defense interposed
by the director based on (i) any provision in the certificate of incorporation authorized
by Section 10A-2A-2.02(b)(4) or by Section 10A-2A-2.02(b)(6), or (ii) the protection afforded
by Section 10A-2A-8.60, precludes liability; and (2) the challenged conduct consisted or was
the result of: (i) action not in good faith; or (ii) a decision (A) which the director did
not reasonably believe to be in the best interests of the corporation, or (B) as to which
the director was not informed to an extent the director reasonably believed appropriate in
the circumstances; or (iii) a lack of objectivity due to the...
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2-11-38
Section 2-11-38 Proceedings for enforcement of provisions of chapter and rules or regulations
promulgated thereunder generally. (a) It shall be the duty of each district attorney to whom
any violation is reported to cause appropriate proceedings to be instituted and prosecuted
in a court of competent jurisdiction without delay. Before the commissioner reports a violation
for such prosecution, an opportunity shall be given the distributor or other affected person
to present his view to the commissioner. (b) The commissioner is hereby authorized to apply
for and the court to grant a temporary restraining order or permanent injunction restraining
any person from violating or continuing to violate any of the provisions of this article or
any rule or regulation promulgated under this article, notwithstanding the existence of other
remedies at law. Said injunction shall be issued without bond. (c) Nothing in this article
shall be construed as requiring the commissioner to report for...
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10A-2A-1.40
Section 10A-2A-1.40 Chapter definitions. Notwithstanding Section 10A-1-1.03, as used in this
chapter, unless otherwise specified or unless the context otherwise requires, the following
terms have the following meanings: (1) AUTHORIZED STOCK means the stock of all classes and
series a corporation or foreign corporation is authorized to issue. (2) BENEFICIAL STOCKHOLDER
means a person who owns the beneficial interest in stock, which is either a record stockholder
or a person on whose behalf shares of stock are registered in the name of an intermediary
or nominee. (3) CERTIFICATE OF INCORPORATION means the certificate of incorporation described
in Section 10A-2A-2.02, all amendments to the certificate of incorporation, and any other
documents permitted or required to be delivered for filing by a corporation with the Secretary
of State under this chapter or Chapter 1 that modify, amend, supplement, restate, or replace
the certificate of incorporation. After an amendment of the certificate...
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11-47-226
Section 11-47-226 Loans, donations, performance of services, etc., by county, municipality,
or other political subdivision, etc., to achieve objectives of article; funding agreements;
amount of indebtedness under funding agreements. (a) For the purpose of attaining the objectives
of this article, any county, municipality, or other political subdivision, or public corporation,
agency, or instrumentality of the state, a county, or municipality, may, upon such terms and
with or without consideration, as it may determine, do any or all of the following: (1) Lend
or donate money to an authority or perform services for the benefit thereof. (2) Donate, sell,
convey, transfer, lease, or grant to an authority, without the necessity of authorization
at any election of qualified voters, any property of any kind. (3) Do any and all things,
whether or not specifically authorized in this section, not otherwise prohibited by law, which
are necessary or convenient to aid and cooperate with an...
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16-6D-6
Section 16-6D-6 Innovation plan. (a) The innovation plan of a local school system shall include,
at a minimum, all of the following: (1) The school year that the local school system expects
the school flexibility contract to begin. (2) The list of state laws, regulations, and policies,
including rules, regulations, and policies promulgated by the State Board of Education and
the State Department of Education, that the local school system is seeking to waive in its
school flexibility contract. (3) A list of schools included in the innovation plan of the
local school system. (b) A local school system is accountable to the state for the performance
of all schools in its system, including innovative schools, under state and federal accountability
requirements. (c) A local school system may not, pursuant to this chapter, waive requirements
imposed by federal law, requirements related to the health and safety of students or employees,
requirements imposed by ethics laws, requirements imposed...
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