|
27-12A-9
Section 27-12A-9 Administrative cease and desist authority. Whenever it appears to the commissioner
that any person has engaged in or is about to engage in any act or practice constituting a
violation of any provision of this chapter or any rule or order hereunder, the commissioner
may, in the commissioner's discretion, do either or both of the following: (1) Issue a cease
and desist order, with or without a prior hearing, against the person or persons engaged in
the prohibited activities, directing them to cease and desist from engaging in the act or
practice. (2) Bring an action in any court of competent jurisdiction to enjoin the act or
practice and to enforce compliance with this chapter or any rule or order issued hereunder.
Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus
shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's
assets. In addition, upon a proper showing by the commissioner,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-12A-9.htm - 1K - Match Info - Similar pages
27-6A-7
Section 27-6A-7 Penalties. (a) If the commissioner finds after a hearing conducted in accordance
with Section 27-2-28, that any person has violated this chapter, the commissioner may order:
(1) For each separate violation, a penalty in an amount of up to $5,000. (2) Revocation or
suspension of the managing general agent's license. (3) The managing general agent to reimburse
the insurer, the rehabilitator, or liquidator of the insurer for any losses incurred by the
insurer caused by a violation of this chapter committed by the managing general agent. (b)
The decision, determination, or order of the commissioner pursuant to subsection (a) of this
section shall be subject to judicial review pursuant to Section 27-2-31. (c) No provision
of this section shall affect the right of the commissioner to impose any other penalties provided
for in the insurance law, rule, or regulation. (d) No provision of this chapter is intended
to or shall in any manner limit or restrict the rights of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-6A-7.htm - 1K - Match Info - Similar pages
27-12-18
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner
believes that any person has been engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice expressly prohibited in this trade
practices law and that a proceeding by him in respect thereto would be to the interest of
the public, he shall issue and serve upon such person a statement of the charges in that respect
and a notice of a hearing thereon to be held at a time and place fixed in the notice, which
shall not be less than 10 days after the date of the service thereof. (b) At the hearing,
such person shall have an opportunity to be heard and to show cause why an order should not
be made by the commissioner requiring such person to cease and desist from the acts, methods,
or practices so complained of. Upon good cause shown, the commissioner shall permit any person
to intervene, appear, and be heard at such hearing by counsel or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-12-18.htm - 4K - Match Info - Similar pages
34-33-12
Section 34-33-12 Penalties. Whenever the State Fire Marshal shall have reason to believe that
any individual, partnership, corporation, association, or joint venture is or has been violating
any provisions of this chapter, he or she or his or her deputy or assistant may issue and
deliver to such individual, partnership, corporation, association, or joint venture an order
to cease and desist such violation. Failure to comply with any order under this section shall
constitute a Class B misdemeanor and shall be subject to punishment within the limits and
as provided by state laws. In addition, the State Fire Marshal may impose a civil penalty
not to exceed $250 for each day the violation exists. Violation of any provision of this chapter
or failure to comply with a cease and desist order shall be cause for revocation of the State
Fire Marshal's permit. (Acts 1982, 2nd Ex. Sess., No. 82-774, p. 271, ยง12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-33-12.htm - 1K - Match Info - Similar pages
5-18A-17
Section 5-18A-17 Consent orders; civil or criminal penalties; extraordinary circumstances.
(a) The supervisor may enter into consent orders at any time with any person to resolve any
matter arising under this chapter. A consent order shall be signed by the person to whom it
is issued, or a duly authorized representative, and shall indicate agreement to the terms
contained therein. A consent order need not constitute an admission by any person that any
provision of this chapter, or any rule, regulation, or order promulgated or issued pursuant
to this chapter has been violated, nor need it constitute a finding by the supervisor that
such person has violated any provision of this chapter or any rule, regulation, or order promulgated
or issued hereunder. (b) Notwithstanding the issuance of a consent order, the supervisor may
seek civil or criminal penalties or compromise civil penalties concerning matters encompassed
by the consent order. (c) In cases involving extraordinary circumstances...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-18A-17.htm - 1K - Match Info - Similar pages
28-3A-24
Section 28-3A-24 Suspension or revocation of licenses; appointment of hearing commission; notice,
hearing and findings; fines. (a) The board shall have full and final authority as to the suspension
or revocation of any license issued under this chapter and to levy a fine against a licensee
in lieu of such suspension or revocation. The board shall have the full right and authority
to suspend any retail license issued by it for any reason which it may deem sufficient and
proper. Provided, however, the board may appoint a hearing commission of not less than three
members to hear and decide all contested applications of licenses under this chapter, and
hear and decide all charges against any licensee for violation of this chapter, the law or
the regulations of the board and shall have the power and authority to revoke or suspend for
cause licenses and permits, or to fine licensees provided in this chapter. Provided, no member
of the hearing commission shall participate in the hearing or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3A-24.htm - 3K - Match Info - Similar pages
41-14A-7
Section 41-14A-7 Disciplinary actions against qualified public depositories for violations
of this chapter. (a) The board of directors shall have the authority to establish by rule
or regulation conditions and procedures under which qualified public depositories may be suspended
or disqualified and assessed administrative penalties in lieu of suspension or disqualification
for violations of this chapter or violations of the board's standards, rules, regulations,
and orders pursuant to this chapter. The State Treasurer shall have the authority to require
that qualified public depositories violating this chapter or any of the board's standards,
rules, regulations, and orders make restitution, with interest at the legal rate, for losses
of public depositors or to the Loss Payment Fund, and to issue cease and desist orders against
any qualified public depository violating or believed to be violating any provisions of this
chapter or any of the board of directors' or the State Treasurer's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-14A-7.htm - 6K - Match Info - Similar pages
5-26-2
Section 5-26-2 Legislative findings. The activities of mortgage loan originators and the origination
or offering of financing for residential real property have a direct, valuable, and immediate
impact upon Alabama's consumers, Alabama's economy, the neighborhoods and communities of Alabama,
and the housing and real estate industry. The Legislature finds that accessibility to mortgage
credit is vital to the state's citizens. The Legislature also finds that it is essential for
the protection of the citizens of Alabama and the stability of Alabama's economy that reasonable
standards for licensing and regulation of the business practices of mortgage loan originators
be imposed. Therefore the Legislature establishes within this chapter: (a) SYSTEM OF SUPERVISION
AND ENFORCEMENT. An effective system of supervision and enforcement of the mortgage lending
industry, including: (i) The authority to issue licenses to conduct business under this chapter,
including the authority to write rules or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-26-2.htm - 2K - Match Info - Similar pages
34-11-11.2
Section 34-11-11.2 Complaints; investigation; hearing; sanctions. (a) Any person or entity,
including the board or its staff, may file a complaint alleging a violation of this chapter
against any individual licensee, certified intern, or firm holding a certificate of authorization
or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed
by the complainant, shall state specifically the facts on which the complaint is based, and
shall be filed with the executive director of the board. (b) The board may designate one or
more individuals to investigate and report to it on any matter related to its lawful duties
and may employ legal counsel as the board may deem necessary or desirable. An investigation
may be made upon receipt of a complaint. The board may resolve violations by agreement between
the board and the respondent with or without the filing of formal charges. (c) All complaints
shall be reviewed by an investigative committee designated by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-11-11.2.htm - 5K - Match Info - Similar pages
34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-68.htm - 6K - Match Info - Similar pages
|