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8-6-18
Section 8-6-18 Criminal penalties for violations of article; enforcement; scienter. (a) A person
who willfully violates Section 8-6-3 or Section 8-6-4, upon conviction, shall be guilty of
a Class C felony. A person that willfully violates subsection (a), (b), or (c) of Section
8-6-17, upon conviction, shall be guilty of a Class B felony. The limitations period for any
prosecution under this section does not commence or begin to accrue until the discovery of
the facts constituting the deception, after which the prosecution shall be commenced within
five years. (b) A person who willfully violates any provision of this chapter, other than
those noted in subsection (a), or a rule adopted or order issued under this chapter, upon
conviction, shall be guilty of a Class A misdemeanor. (c) The enforcement of the provisions
of this article shall be vested in the commission. It shall be the duty of the commission
to see that its provisions are at all times obeyed and to take such measures and to...
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19-1-2
Section 19-1-2 Definitions. In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings respectively ascribed to them by this
section: (1) BANK. Any person or association of persons, whether incorporated or not, carrying
on the business of banking or trust company. (2) FIDUCIARY. A trustee under any trust, expressed,
implied, resulting or constructive, executor, administrator, guardian, conservator, curator,
receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer
of a corporation, public or private, public officer or any other person acting in a fiduciary
capacity for any person, trust or estate. (3) PERSON. Such term includes a corporation, partnership,
or other association, or two or more persons having a joint or common interest. (4) PRINCIPAL.
Any person to whom a fiduciary as such owes an obligation. (Acts 1943, No. 557, p. 544, §1.)...
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19-3-120.2
Section 19-3-120.2 Standards for fiduciary investment and management. (a) When investing, reinvesting,
purchasing, acquiring, exchanging, selling and managing property for the benefit of another,
a trustee, executor, administrator, guardian, conservator or other fiduciary, other than a
trustee governed by Chapter 3B, shall act with the care, skill, prudence, and diligence under
the circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use to attain the purposes of the account. In making investment decisions,
a fiduciary shall consider the role that the investment plays within the account's overall
portfolio of assets and may consider the general economic conditions, the anticipated tax
consequences of the investment, the anticipated duration of the account and the needs of the
beneficiaries of the account. (b) The propriety of an investment decision is to be determined
by what a fiduciary knew or should have known at the time...
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22-30-12
Section 22-30-12 Permit program. (a) The department, acting through the commission, is authorized
to promulgate a permit program for hazardous waste management practices and, acting through
the commission, to promulgate criteria for issuing permits and rules identifying procedures
for obtaining permits. (b) Except as provided by this subsection or subsections (i) and (j)
of this section, no person shall engage in the transportation, treatment, storage or disposal
of hazardous waste without having applied for and obtained a permit from the department issued
under authority of this section. The department, acting through the commission, may promulgate
rules which exempt certain hazardous waste management practices from the requirement to obtain
a permit under this section. (c) Unless specifically exempted from regulation by this chapter
or rules promulgated under authority of this chapter, no person may commence or continue construction
or operation of any hazardous waste treatment,...
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27-9A-3
system" means a preprogrammed computer system designed for the collection, data entry,
calculation, and system-generated final resolution of claims which meets all of the following:
1. It shall only be utilized by a licensed independent adjuster, licensed insurance producer,
or by individuals supervised by a licensed independent adjuster or insurance producer pursuant
to this subdivision. 2. It shall comply with all claims payment requirements of the insurance
code. d. For purposes of this subdivision, "portable consumer electronic device"
means a personal, self-contained, easily carried by an individual, battery-operated
electronic communication, viewing, listening, recording, gaming, computing, or global position
device, and other similar devices and their accessories. e. The licensed independent adjuster
or insurance producer who supervises the individuals shall file a report with the commissioner
indicating an intention to operate pursuant to this subdivision. (Act 2011-637, §1.)...
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30-3B-208
Section 30-3B-208 Jurisdiction declined by reason of conduct. (a) Except as otherwise provided
in Section 30-3B-204 or by other law of this state, if a court of this state has jurisdiction
under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable
conduct, the court shall decline to exercise its jurisdiction unless: (1) The parents and
all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) A court
of the state otherwise having jurisdiction under Sections 30-3B-201 through 30-3B-203 determines
that this state is a more appropriate forum under Section 30-3B-207; or (3) No court of any
other state would have jurisdiction under the criteria specified in Sections 30-3B-201 through
30-3B-203. (b) If a court of this state declines to exercise its jurisdiction pursuant to
subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and
prevent a repetition of the unjustifiable conduct, including...
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31-13-3
employment, or of any employee, including any person or entity employing any person for hire
within the State of Alabama, including a public employer. This term shall not include the
occupant of a household contracting with another person to perform casual domestic labor within
the household. (6) EMPLOYMENT. The act of employing or state of being employed, engaged, or
hired to perform work or service of any kind or character within the State of Alabama, including
any job, task, work, labor, personal services, or any other activity for which compensation
is provided, expected, or due, including, but not limited to, all activities conducted by
a business entity or employer. This term shall not include casual domestic labor performed
in a household on behalf of the occupant of the household or the relationship between a contractor
and the employees of a subcontractor performing work for the contractor. (7) E-VERIFY. The
electronic verification of federal employment authorization program...
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32-20-11
Section 32-20-11 Violations - Certificate and application. A person is guilty of a Class B
misdemeanor who does any of the following: (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 therefore to the department within
10 days after the 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.
(4) Knowingly and willfully commits a fraud in any application or a title. (5) Willfully violates
any other provision of this chapter, except as otherwise provided in this chapter. (Act 2009-746,
p. 2236, §4.)...
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34-27-6
Section 34-27-6 Real estate courses and schools. (a) For purposes of this section and rules
adopted pursuant thereto, the following terms shall have the following meanings: (1) ADMINISTRATOR.
A person designated by a principal school or branch school and approved by the commission
to be the person responsible to the commission for all acts governed by this chapter and applicable
rules which govern the operation of schools. (2) APPROVED COURSE. Any course of instruction
approved by the commission that satisfies commission requirements for prelicense education,
postlicense education, or continuing education. (3) APPROVED SCHOOL. Any proprietary educational
institution offering only commission approved continuing education courses and any accredited
college or university that offers any commission approved course. (4) BRANCH SCHOOL. Any school
under the ownership of a principal school which offers commission approved courses at a permanent
location. (5) INSTRUCTIONAL SITE. Any physical...
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40-15-1
Section 40-15-1 Meaning of "executor," "administrator" or "legal representative".
The terms "executor," "administrator" and "legal representative,"
used interchangeably in this chapter, shall be held to mean the executor or administrator
or trustee or legal representative of the decedent whose estate is subject to an estate tax
under this title. In the event no executor or administrator is appointed and qualified, then
the term "executor" as used herein shall be held to mean any person in actual or
constructive possession and acting for any estate subject to tax under this chapter. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §433.)...
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