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5-26-8
Section 5-26-8 Testing of loan originators. (1) In general. In order to meet the written test
requirement referred to in Section 5-26-6(5), an individual shall pass, in accordance with
the standards established under this subsection, a qualified written test developed by the
Nationwide Mortgage Licensing System and Registry and administered by a test provider approved
by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards.
(2) Qualified test. A written test shall not be treated as a qualified written test for purposes
of subsection (1) unless the test adequately measures the applicant's knowledge and comprehension
in appropriate subject areas, including: (a) Ethics; (b) Federal law and regulation pertaining
to mortgage origination; (c) State law and regulation pertaining to mortgage origination;
(d) Federal and state law and regulation, including instruction on fraud, consumer protection,
the nontraditional mortgage marketplace, and fair lending...
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5-26-6
Section 5-26-6 Issuance of license. The supervisor shall not issue a mortgage loan originator
license unless the Supervisor makes at a minimum the following findings: (1) NO LICENSE REVOCATION.
The applicant has never had a mortgage loan originator license revoked in any governmental
jurisdiction, except that a subsequent formal vacation of such revocation shall not be deemed
a revocation. (2) NO FELONY CONVICTION. The applicant has not been convicted of, or pled guilty
or nolo contendere to, a felony in a domestic, foreign, or military court: (a) During the
seven-year period preceding the date of the application for licensing and registration; or
(b) At any time preceding such date of application, if such felony involved an act of fraud,
dishonesty, or a breach of trust, or money laundering; (c) Provided that any pardon of a conviction
shall not be a conviction for purposes of this subsection. (3) CHARACTER AND FITNESS. The
applicant has demonstrated financial responsibility,...
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27-9A-3
Section 27-9A-3 Independent adjuster defined; exclusions. (a) For purposes of this chapter,
an "independent adjuster" is a person who, for compensation as an independent contractor
or as an employee of an independent contractor, undertakes on behalf of an insurer to ascertain
and determine the amount of any claim, loss, or damage payable under a contract of property,
casualty, or workers' compensation insurance or to effect settlement of such claim, loss,
or damage. This chapter shall not be construed to permit persons not licensed as attorneys
to engage in activities constituting the practice of law. (b) An independent adjuster does
not include any of the following: (1) Attorneys-at-law admitted to practice in this state
when acting in their professional capacity as an attorney. (2) A salaried employee of an insurer.
(3) A person employed solely to obtain facts surrounding a claim or to furnish technical assistance
to a licensed independent adjuster. (4) An individual who is employed...
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5-25-3
Section 5-25-3 Persons excluded. The following persons are not subject to the provisions of
this chapter: (1) Any depository institution as defined in Section 3 of the Federal Deposit
Insurance Act, any subsidiary institution that is owned and controlled by a depository institution,
and employees of any of the foregoing. Bank holding companies and subsidiaries of bank holding
companies, thrift holding companies and subsidiaries of thrift holding companies, trust companies,
savings or building and loan associations, savings banks and other thrift institutions, credit
unions, and all other affiliates of each of the above persons if more than 50 percent of the
affiliate's shares or other ownership interests are owned or controlled by such person, and
federally or state constituted agencies and employees of any of the foregoing. (2) Any person
licensed under Section 5-19-22. (3) An attorney licensed to practice law in Alabama who is
not principally engaged in negotiating mortgage loans...
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5-26-16
Section 5-26-16 Investigation and examination authority. In addition to any authority allowed
under this chapter the supervisor shall have the authority to conduct investigations and examinations
as follows: (1) AUTHORITY TO ACCESS INFORMATION. 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...
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5-26-5
Section 5-26-5 State license and registration application and issuance. (1) Application form.
Applicants for a license shall apply in a form as prescribed by the supervisor. Each such
form shall contain content as set forth by rule, regulation, instruction, or procedure of
the supervisor and may be changed or updated as necessary by the supervisor in order to carry
out the purposes of this chapter. (2) License fee. Each application shall be filed with an
initial license fee of seventy-five dollars ($75). This license fee shall be in addition to
the fees required to apply through the Nationwide Mortgage Licensing System and Registry.
(3) Supervisor may establish relationships or contracts. In order to fulfill the purposes
of this chapter, the supervisor is authorized to establish relationships or contracts with
the Nationwide Mortgage Licensing System and Registry or other entities designated by the
Nationwide Mortgage Licensing System and Registry to collect and maintain records and...
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34-9-9
Section 34-9-9 Exercise of independent professional judgment by dentists; prohibited business
arrangements or relationships; penalties. (a) No person other than a dentist licensed pursuant
to this chapter or a 501(c)(3) entity registered under Section 34-9-7.2 may do any of the
following: (1) Employ a dentist or dental hygienist in the operation of a dental office. (2)
Place in the possession of a dentist, dental hygienist, or other agent such dental material
or equipment as may be necessary for the management of a dental office on the basis of a lease
or any other agreement for compensation for the use of such material, equipment, or offices.
(3) Retain the ownership or control of dental equipment, material, or office and make the
same available in any manner for the use of a dentist, dental hygienist, or other agent. (4)
The term "person," as used in this section, shall not in any way pertain to state,
county, municipal, or city institutions but shall be deemed to include any...
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8-39-5
Section 8-39-5 Applicability of chapter. This chapter does not apply to any of the following:
(1) Disposable assistive devices with a useful life of one year or less. (2) Batteries or
nonfunctional accessories. (3) Assistive devices dispensed, sold, injected, or implanted by
a licensed physician, licensed physician assistant, or any individual working with or for
the practice of a licensed physician, employer, or other business entity that is primarily
engaged in the practice of medicine, whether or not the individual is working in a collaborative
practice agreement as an agent, employee, or independent contractor. The exemption provided
by this subdivision shall not apply to an assistive device simply because it was prescribed
or ordered by a licensed physician or other health care practitioner. (Act 2018-448, ยง5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-39-5.htm - 1K - Match Info - Similar pages
27-9A-2
Section 27-9A-2 Definitions. For purposes of this chapter, the following terms shall have the
meanings respectively ascribed to them by this section: (1) APPRENTICE INDEPENDENT ADJUSTER.
As defined in Section 27-9A-11. (2) BUSINESS ENTITY. A corporation, association, partnership,
limited liability company, limited liability partnership, or other legal entity. (3) COMMISSIONER.
The Alabama Commissioner of Insurance. (4) HOME STATE. The District of Columbia and any state
or territory of the United States in which an independent adjuster maintains the principal
place of residence or business of the adjuster and in which the adjuster is licensed to act
as a resident independent adjuster. In the case of a resident of a Canadian province, or if
the resident state or territory does not license independent adjusters for the line of authority
sought, the home state of the independent adjuster shall be any state in which the independent
adjuster is licensed and in good standing, as designated by...
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27-7-1
Section 27-7-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) BUSINESS ENTITY. A corporation,
association, partnership, limited liability company, limited liability partnership, or other
legal entity. (2) COMMISSIONER. The Alabama Commissioner of Insurance. (3) HOME STATE. The
District of Columbia and any state or territory of the United States in which an insurance
producer maintains his or her principal place of residence or principal place of business
and is licensed to act as an insurance producer. (4) INSURANCE. As defined in Section 27-1-2.
(5) INSURANCE PRODUCER or PRODUCER. A person required to be licensed under the laws of this
state to sell, solicit, or negotiate insurance. (6) INSURER. As defined in Section 27-1-2.
For the purposes of this chapter, insurer shall also mean an insurance company licensed pursuant
to Chapter 3, commencing with Section 27-3-1 of this title; a health...
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