Code of Alabama

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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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34-31-24
Section 34-31-24 Only certified contractors to advertise, etc.; use of license; issuance of
license. (a)(1) No individual, partnership, or corporation shall advertise, solicit, bid,
obtain permit, do business, or perform the function of a certified contractor unless the person
or persons in responsible charge, as defined in Section 34-31-18, are certified contractors.
(2) Every contractor licensed under this chapter shall display the contractor's certification
number and the company name on any and all documentation, forms of advertising, and on all
service and installation vehicles used in conjunction with heating, air conditioning, and
refrigeration contracting. (3) A contractor licensed under this chapter may not permit the
use of his or her license by any other persons. (4) No official charged with the duty of issuing
licenses to any individual, partnership, or corporation to operate a business as a certified
contractor shall issue such license unless there is presented for...
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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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27-17A-20
Section 27-17A-20 Hearing; procedures; penalties. (a) Whenever the commissioner has reason
to believe that any person has engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice as defined in this article, or is
engaging in the sale of preneed contracts without being properly licensed as required by this
article, or is otherwise acting in violation of this chapter, and that a proceeding by the
commissioner in respect thereto would be in the interest of the public, the commissioner shall
institute a proceeding in accordance with this section. (b) A statement of charges, notice,
or order or other process under this chapter may be served by anyone duly authorized by the
commissioner. Service may be made either in the manner provided by law for service of process
in civil actions or by certifying and mailing a copy of the statement to the person affected
by the statement, notice, or order or other process at his or her or its...
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34-16-13
Section 34-16-13 Violations; penalties. After January 1, 1999, any person who undertakes or
attempts to undertake the practice of interpreting or transliterating for remuneration among
consumers without first having procured a valid license or permit, or who knowingly presents
or files false information with the board for the purpose of obtaining a license or permit,
or who violates this chapter shall be guilty of a Class C misdemeanor. A person who is not
licensed or permitted may not bring or maintain an action to enforce any contract for interpreting
or transliterating services which he or she entered into in violation of this chapter. Whenever
it appears to the board that any interpreter or transliterator has violated or is about to
violate this chapter, the board may, in its own name, petition the circuit court of the county
where the violation occurred or is about to occur to issue a temporary restraining order enjoining
the violation. (Act 98-675, p. 1480, ยง13.)...
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34-25-7
Section 34-25-7 Injunctions; contempt of court. If any person violates any provisions of this
chapter, the board shall, upon direction of a majority of the board, in the name of the State
of Alabama, apply in any circuit court of competent jurisdiction for an order enjoining such
violation or an order enforcing compliance with this chapter. Upon the filing of a verified
petition in the court, the court, or any judge thereof, if satisfied by affidavit or otherwise
that the person has violated this chapter, may issue a temporary injunction, without notice
or bond, enjoining such continued violation; and, if it is established that the person has
violated or is violating this chapter, the court, or any judge thereof, may enter a judgment
perpetually enjoining the violation or enforcing compliance with this chapter. In case of
violation of any order or judgment issued under the provisions of this section, the court,
or any judge thereof, may try and punish the offender for contempt of...
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27-7-19
Section 27-7-19 Licenses - Penalties. (a) The commissioner may place on probation, refuse to
issue or renew, suspend, or revoke the license of any licensee under this chapter, or may
levy a civil penalty in accordance with subsection (c), or any combination of actions, for
any one or more of the following causes: (1) Any cause for which issuance of the license could
have been refused had it then existed and been known to the commissioner. (2) Providing incorrect,
misleading, incomplete, or materially untrue information in any application or in any communication
to the commissioner. (3) Obtaining or attempting to obtain a license through misrepresentation
or fraud. (4) Intentionally misrepresenting the terms of any actual or proposed insurance
contract or application for insurance. (5) Having admitted or been found to have committed
any insurance unfair trade practice or fraud. (6) For inducing, persuading, or advising any
policyholder to surrender or cause to be cancelled any policy of...
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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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34-11-15
Section 34-11-15 Violations; penalties. (a) Any person who practices, offers to practice, or
holds himself or herself out as qualified to practice engineering or land surveying in this
state or uses in connection with his or her name or otherwise assumes, uses, or advertises
any title or description including, but not limited to, the term engineer, engineers, engineering,
or professional engineer, professional engineers, or professional engineering, or land surveyor,
land surveyors, land surveying, or professional land surveyor, professional land surveyors,
or professional land surveying, without being licensed or exempted in accordance with this
chapter, or any person presenting or attempting to use as his or her own the certificate of
licensure or the seal or facsimile thereof of another, or permitting his or her own certificate
of licensure, seal or facsimile thereof to be used by another person, or any person who gives
any false or forged evidence of any kind to the board or to any...
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34-27-61
Section 34-27-61 Hearing; refusal, suspension, or revocation of license; willful violation
defined; escrow deficiency. The commission may upon its own motion, or upon the verified complaint
in writing of any person, hold a hearing regarding an alleged violation by any person or business
entity of this article. Any person found guilty of having violated any provision of this article
or any rule, regulation, or order of the commission shall be subject to the refusal of a license,
if not licensed; or, if licensed, to the suspension or revocation of such license and/or a
monetary penalty of not less than $25 nor more than $1,000. Such hearing shall be held in
a manner prescribed by the Alabama Real Estate License Law and the rules and regulations of
the Alabama Real Estate Commission. The reinstatement of a license suspended or revoked as
a result of a violation under this article may be made conditional upon the fulfillment of
such reasonable conditions as are imposed by the commission....
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