Code of Alabama

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27-3A-6
Section 27-3A-6 Violations of chapter by utilization review agent. (a) Whenever the department
has reason to believe that a utilization review agent subject to this chapter has been or
is engaged in conduct that violates this chapter, the department shall notify the utilization
review agent of the alleged violation. The agent shall respond to the notice not later than
30 days after the notice is made. (b) If the department finds that the utilization review
agent has violated this chapter, or that the alleged violation has not been corrected, the
department may conduct a contested case hearing on the alleged violation in accordance with
the Administrative Procedure Act. (c) If, after the hearing, the department determines that
the utilization review agent has engaged in a violation, the department shall reduce the findings
to writing and shall issue and cause to be served upon the agent a copy of the findings and
an order requiring the agent to cease and desist from engaging in the...
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34-4-3
Section 34-4-3 Exemptions from chapter. The provisions of this chapter and the terms "auctioneer,"
"apprentice auctioneer," "auction business or business of auctioneering,"
as defined in Section 34-4-2, shall not apply to and shall not include any person acting as
a receiver, trustee in bankruptcy, guardian, administrator, or executor or any such person
acting under order of any court, nor shall they include a trustee acting under a trust agreement,
deed of trust or will, nor shall they include sales at auction conducted by or under the direction
of any public authority or pursuant to any judicial order or decree. (Acts 1973, No. 811,
p. 1236, §4.)...
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5-19-24
Section 5-19-24 Examinations and investigations of licensees by administrator. (a) For the
purpose of determining compliance with this chapter, the administrator may, at any reasonable
time, cause an examination to be made at the licensee's place of business of the records and
transactions of such licensee. As cost of examination, the licensee shall pay the administrator
an examination fee as provided by Section 5-2A-24 which shall be collected and paid into the
special fund provided by Section 5-2A-20 and used in the supervision and examination of licensees.
Each licensee shall preserve all relevant records for a period of at least two years after
making the last entry on any transaction, and the administrator shall have free access thereto
at the licensee's place of business at all reasonable times. If the administrator has probable
cause to believe that a person has engaged in an activity which violates the provisions of
this chapter, the administrator may compel the production of...
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8-19A-16
Section 8-19A-16 Enforcement procedures. (a) If, by his or her own inquiries or as a result
of complaints, the enforcing authority has reason to believe that a person has engaged in,
or is engaging in a practice that violates this chapter, he or she may administer oaths and
affirmations, subpoena witnesses or matter, and collect evidence. Within 10 days after the
service of a subpoena or at any time before the return date specified therein, whichever is
longer, the party served may file in the circuit court in the county in which he or she resides
or in which he or she transacts business and serve upon the enforcing authority a petition
for an order modifying or setting aside the subpoena. The petitioner may raise any objection
or privilege which would be available under this chapter or upon service of the subpoena in
a civil action. The subpoena shall inform the party served of his or her rights under this
subsection. (b) If matter that the enforcing authority seeks to obtain by...
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8-32-2
Section 8-32-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADMINISTRATOR. The person designated by a provider to be responsible for the
administration of service contracts or the service contracts plan or to make the filings required
by this chapter. (2) COMMISSIONER. The Commissioner of Insurance of this state. (3) CONSUMER.
A natural person who buys, primarily for personal, family, or household purposes, and
not for resale, any tangible personal property normally used for personal, family,
or household purposes and not for commercial or research purposes. (4) MAINTENANCE AGREEMENT.
A contract of limited duration that provides for scheduled maintenance only. (5) MANUFACTURER.
A person that is one of the following: a. A manufacturer or producer of property that sells
the property under its own name or label. b. A subsidiary of the person who manufactures or
produces the property. c. A corporation which owns at least 80 percent of the...
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5-19A-17
Section 5-19A-17 Penalties for willful violation of chapter or for false entry in required
records; compliance enforced by supervisor; order requiring person to refrain from violation.
(a) In addition to any other penalty which may be applicable, any licensee who willfully violates
this chapter or who willfully makes a false entry in any record specifically required by this
chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by
a fine not in excess of $1,000.00 per violation or false entry. (b) Compliance with this chapter
shall be enforced by the supervisor who may exercise any authority conferred by law. (c) When
the supervisor has reasonable cause to believe that a person is violating this chapter, the
supervisor, in addition to and without prejudice to the authority provided elsewhere in this
chapter, may enter an order requiring the person to stop or to refrain from the violation.
The supervisor may sue in any circuit court of the state having...
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27-12-21
service of such report, cause a petition to be filed in the circuit court of this state, within
the circuit wherein the person resides or has his principal place of business, to enjoin and
restrain such person from engaging in such method, act, or practice. The court shall have
jurisdiction of the proceeding and shall have power to make and enter appropriate orders in
connection therewith and to issue such writs as are ancillary to its jurisdiction or are necessary
in its judgment to prevent injury to the public pendente lite. (c) A transcript of
the proceedings before the commissioner, including all evidence taken, and the report and
findings shall be filed with such petition. If either party applies to the court for leave
to adduce additional evidence and shows, to the satisfaction of the court, that such additional
evidence is material and there were reasonable grounds for the failure to adduce such evidence
in the proceeding before the commissioner, the court may order such...
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32-8-13
Section 32-8-13 Offenses constituting misdemeanors. A person is guilty of a Class A misdemeanor
who: (1) With fraudulent intent, permits another, not entitled thereto, to use or have possession
of a certificate of title; (2) Willfully fails to mail or deliver a certificate of title or
application therefor to the department within 10 days after time required by this chapter;
(3) Willfully fails to deliver to his or her transferee a certificate of title within 10 days
after the time required by this chapter; or (4) Knowingly and willfully commits a fraud in
any application for a title or registration; or (5) Willfully violates any other provision
of this chapter, except as otherwise provided in this chapter. (Acts 1973, No. 765, p. 1147,
§45; Act 2009-281, p. 472, §1.)...
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34-37-15
Section 34-37-15 Acts, works, and conduct permitted, without license; applicability of chapter.
(a) The following acts, work, and conduct may be performed by anyone, without registration
or certificate, provided, however, that all work and services herein named or referred to
shall be subject to an inspection and approval in accordance with the terms of all state laws
and applicable municipal ordinances: (1) Plumbing work performed by anyone who is regularly
employed or acting as a maintenance person incidental to and in connection with the business
in which he or she is employed and engaged, provided the plumbing work is performed on the
premises of the employer, and who does not engage in the occupation of a plumber for the general
public. (2) Plumbing work performed upon the premises or equipment of a railroad or other
businesses or industry, by an employee thereof who does not engage in the occupation of a
plumber for the general public. (3) Plumbing or gas fitting work performed,...
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34-8B-9
Section 34-8B-9 Recovery by board of damages; liability of board members. (a) The board may
sue and be sued in its own name to recover actual or compensatory damages, including interest
and court costs, sustained as the result of disciplinary action taken against any licensee
or any other person who violates this chapter or rules promulgated hereunder. (b) All members
of the board shall be immune from civil liability while acting within the scope of their duties
as board members. (Act 2006-200, p. 289, §9; Act 2010-554, p. 1120, §3.)...
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