Code of Alabama

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5-18A-18
Section 5-18A-18 Written complaint; investigation; compliance with subpoena. (a) Any person
aggrieved by the conduct of a licensee under this chapter in connection with the regulated
activities of the licensee may file a written complaint with the supervisor who may investigate
the complaint. (b) In the course of the investigation of the complaint, the supervisor may
do the following: (1) Subpoena witnesses. (2) Administer oaths. (3) Examine any individual
under oath. (4) Compel the production of records, books, papers, contracts, or other documents
relevant to the investigation. (c) If a person fails to comply with a subpoena of the supervisor
under this chapter or to testify concerning any matter about which the person may be interrogated
under this chapter, the supervisor may petition any court of competent jurisdiction for enforcement.
(d) The license of any licensee under this chapter who fails to comply with a subpoena of
the supervisor may be suspended pending compliance with...
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34-21-25
Section 34-21-25 Denial, suspension, or revocation of license; administrative fines; voluntary
disciplinary alternative program. (a) For disciplinary purposes, the board may adopt, levy,
and collect administrative fines not to exceed one thousand dollars ($1,000) per violation
and may institute any legal proceedings necessary to effect compliance with this chapter against
its licensees. (b)(1) The board may also deny, revoke, or suspend any license issued by it
or otherwise discipline a licensee, or holder of a multistate privilege to practice in Alabama,
upon proof of any of the following regarding the licensee: a. Is guilty of fraud or deceit
in procuring or attempting to procure a license. b. Has been convicted of a felony. c. Is
guilty of a crime involving moral turpitude or of gross immorality that would tend to bring
reproach upon the nursing profession. d. Is unfit or incompetent due to the use of alcohol,
or is addicted to the use of habit-forming drugs to such an extent as to...
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5-26-16
For purposes of initial licensing, license renewal, license suspension, license conditioning,
license revocation or termination, or general or specific inquiry or investigation to determine
compliance with this chapter, the supervisor shall have the authority to access, receive,
and use any books, accounts, records, files, documents, information, or evidence including
but not limited to: (a) Criminal, civil, and administrative history information, including
nonconviction data; and (b) Personal history and experience information including independent
credit reports obtained from a consumer reporting agency described in Section 603(p) of the
Fair Credit Reporting Act; and (c) Any other documents, information, or evidence the supervisor
deems relevant to the inquiry or investigation regardless of the location, possession, control,
or custody of such documents, information, or evidence. (2) INVESTIGATION, EXAMINATION, AND
SUBPOENA AUTHORITY. For the purposes of investigating...
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34-27-36
limited liability corporation, for the purpose of receiving payments contemplated in this subsection.
The business organization shall not be required to be licensed under this chapter, and shall
not engage in any other activity requiring a real estate license. (12) Paying or receiving
any rebate from any person in a real estate transaction. (13) Inducing any party to a contract
to break the contract for the purpose of substituting a new contract, where the substitution
is motivated by the personal gain of the licensee. (14) If the licensee is a salesperson
or associate broker, accepting a commission or other valuable consideration for performing
any act for which a license is required from any person except his or her qualifying broker.
(15) If a qualifying broker or company, allowing a salesperson or associate broker licensed
under him or her to advertise himself or herself as a real estate agent without the name or
trade name of the qualifying broker or company appearing...
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5-25-9
Section 5-25-9 Maintenance and examination of records, etc. (a) Any person required to be licensed
under this chapter shall maintain in its offices or such other location as the department
shall permit the books, accounts, and records as the department may reasonably require in
order to determine whether the person is complying with this chapter and rules and regulations
adopted pursuant to this chapter. These books, accounts, and records shall be maintained apart
and separate from any other business in which the person is involved. (b) The department may,
by its designated officers and employees, as often as it deems necessary, but at least once
every 24 months, investigate and examine the affairs, business, premises, and records of any
person required to be licensed under this chapter insofar as they pertain to any business
for which a license is required by this chapter. (c) The department, at its discretion, may:
(1) Cause an examination to be made at the licensee's place of...
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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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5-18-9
Section 5-18-9 License - Revocation, suspension, etc.; investigation of complaints. (a) Revocation
of license. - The supervisor shall, upon 10 days' written notice to the licensee stating the
contemplated action and in general the grounds therefor and upon reasonable opportunity to
be heard, revoke any license issued under this chapter if he finds that: (1) The licensee
has failed to pay the annual license fee; (2) The licensee, either knowingly or without the
exercise of due care to prevent the same, has violated any provisions of this chapter or any
regulation or order lawfully made pursuant to and within the authority of this chapter; (3)
Any fact or condition exists which, if it had existed or had been known to exist at the time
of the original application for such license, clearly would have justified the supervisor
in refusing originally to issue such license; except, that the license shall not be revoked
because of convenience and advantage; or (4) The licensee is guilty of...
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34-11-35
the board for any act done in good faith and in the intended performance of any power granted
under this chapter or for any neglect or default in the performance or exercise in good faith
of any duty or power. (f) In carrying out the duties, functions, and obligations of this chapter,
the board may contract with any state agency or private vendor as the board considers appropriate.
The board may also enter contracts to acquire, own, encumber, issue, replace, deal in, and
dispose of real and personal property. (g) The board may appoint committees to assist
the board's efforts in carrying out the responsibilities of this chapter. All individuals
appointed by the board to serve on committees are entitled to reimbursement of expenses as
approved by the board. (h) The board may adopt rules enabling the collection of fees in amounts
necessary to enable the board to carry out its function under this chapter, provided the fees
do not exceed the maximum amounts allowed under this chapter. (i)...
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5-18A-11
Section 5-18A-11 Maintenance of business records; notice of intent to conduct business in conjunction
with other business; examination of place of business. (a) Each licensee shall keep and use
in its business any books, accounts, and records that the supervisor may require to carry
into effect this chapter and the administrative regulations issued hereunder. If a licensee
operates any other business licensed by the department, a deferred presentment services business
shall be accounted for separately from any other business licensed by the department. Each
licensed business shall maintain separate business records. (b) No licensee shall conduct
the business of making deferred presentment transactions under this chapter within any office,
suite, room, or place of business in which any other business except check cashing or a business
conducted pursuant to Chapter 19A is solicited or engaged in or in association or conjunction
with any other business until 15 days' written notice of an...
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2-17-24
Section 2-17-24 Conduct of investigations and requirement of reports as to organization, business,
practices, etc., of persons, firms, etc., engaged in intrastate commerce by commissioner;
access to copying, etc., of documentary evidence; powers of commissioner as to witnesses generally;
issuance of subpoenas and orders for taking of depositions; enforcement of subpoenas and orders
of commissioner, etc., generally; fees of witnesses, etc.; witnesses not to be excused from
testifying on grounds of self-incrimination; immunity from prosecution of witnesses as to
matters, etc., upon which compelled to testify. (a) The commissioner shall also have power:
(1) To gather and compile information concerning and to investigate from time to time the
organization, business, conduct, practices and management of any person, firm or corporation
engaged in intrastate commerce and the relation thereof to other persons, firms and corporations;
(2) To require, by general or special order, persons, firms...
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