Code of Alabama

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2-31-15
Section 2-31-15 Judicial review of ruling of commissioner; appeal from circuit court. Within
10 days after the conclusion of the hearing the commissioner shall notify all parties of his
ruling. Said notification shall be in writing. Within 30 days after notification any party
may appeal the commissioner's ruling to the Circuit Court of Montgomery County. The appeal
shall be heard only on the certified record of the hearing and the commissioner's ruling shall
be considered prima facie just and correct and shall not be overturned unless the circuit
court finds that the commissioner's action was arbitrary and capricious, not supported by
the weight of the evidence or that the commissioner erred to the prejudice of the appellant's
substantial rights in his application of the law. Appeals from action by the circuit court
shall be directly to the Alabama Court of Civil Appeals and no security for costs shall be
required of the commissioner. (Acts 1981, No. 81-391, p. 611, §15.)...
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27-13-43
Section 27-13-43 Review of final orders of commissioner. Any final order made by the commissioner
as provided by law may, upon appropriate petition filed by the Attorney General on behalf
of the state or by any interested party, at any time within 30 days from the date of said
order, be reviewed by the Circuit Court of Montgomery County, Alabama, on a writ of certiorari.
Upon the filing of such petition, the petitioner shall file with the register or clerk of
said court a bond, with good and sufficient sureties, to be approved by the register or clerk,
conditioned to pay all costs which may be assessed against the petitioner in such proceedings.
The Circuit Court of Montgomery County, Alabama, or the Court of Civil Appeals of Alabama,
on appeal to it, may affirm said order or modify or repeal the same, in whole or in part.
From the judgment of the Circuit Court of Montgomery County, Alabama, either the state or
the interested party taking the appeal may appeal directly to the Court of...
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27-13-81
Section 27-13-81 Review of final orders of commissioner. Any final order made by the commissioner
as provided by law may, upon appropriate petition filed by the Attorney General on behalf
of the state or by any interested party at any time within 30 days from the date of said order,
be reviewed by the Circuit Court of Montgomery County, Alabama, on a writ of certiorari. Upon
the filing of such petition, the petitioner shall file with the register or clerk of said
court a bond, with good and sufficient sureties, to be approved by the register or clerk,
conditioned to pay all costs which may be assessed against the petitioner in such proceedings.
The Circuit Court of Montgomery County, Alabama, or the Court of Civil Appeals of Alabama,
on appeal to it, may affirm said order or modify or repeal the same, in whole or in part.
From the judgment of the Circuit Court of Montgomery County, Alabama, either the state or
the interested party taking the appeal may appeal directly to the Court of...
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2-17-1
Section 2-17-1 Definitions. When used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) COMMISSIONER.
The Commissioner of Agriculture and Industries of the State of Alabama or his duly authorized
representative. (2) FIRM. Any partnership, association or other unincorporated business organization.
(3) MEAT BROKER. Any person, firm or corporation engaged in the business of buying or selling
carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats,
horses, mules or other equines or poultry on commission or otherwise negotiating purchases
or sales of such articles other than for his own account or as an employee of another person,
firm or corporation. (4) POULTRY. Any live or slaughtered domesticated bird. (5) RENDERER.
Any person, firm or corporation engaged in the business of rendering carcasses or parts or
products of the carcasses of cattle, sheep, swine, goats,...
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22-5D-3
Section 22-5D-3 Availability to eligible patient of investigational drug, biological product,
or device. (a) The manufacturer of an investigational drug, biological product, or device
may make available and an eligible patient may request the manufacturer's investigational
drug, biological product, or device under this chapter. This chapter does not require that
a manufacturer make available an investigational drug, biological product, or device to an
eligible patient. (b) A manufacturer may do all of the following: (1) Provide an investigational
drug, biological product, or device to an eligible patient without receiving compensation.
(2) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture
of the investigational drug, biological product, or device. (Act 2015-320, §3.)...
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28-11-2
Section 28-11-2 Definitions. For purposes of this chapter, the following terms have the following
meanings unless the context clearly indicates otherwise: (1) ALTERNATIVE NICOTINE PRODUCT.
The term alternative nicotine product includes any product that consists of or contains nicotine
that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting,
sniffing, or by any other means. The term does not include a tobacco product, electronic nicotine
delivery system, or any product that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product or for other medical purposes and that
is being marketed and sold solely for that purpose. (2) BOARD. The Alabama Alcoholic Beverage
Control Board. (3) CHILD-RESISTANT PACKAGING. Liquid nicotine container packaging meeting
the requirements of 15 U.S.C. §1472a. (4) DISTRIBUTION. To sell, barter, exchange, or give
tobacco or tobacco products for promotional purposes or...
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27-44-11
Section 27-44-11 Duties and powers of commissioner; appeal and review; notification. In addition
to the duties and powers enumerated elsewhere in this chapter: (1) The commissioner shall:
a. Upon request of the board of directors, provide the association with a statement of the
premiums in the appropriate states for each member insurer. b. When an impairment is declared
and the amount of the impairment is determined, serve a demand upon the impaired insurer to
make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute
notice to its shareholders, if any. The failure of the insurer to promptly comply with such
demand shall not excuse the association from the performance of its powers and duties under
this chapter. c. In any liquidation or rehabilitation proceeding involving a domestic insurer,
petition the court of competent jurisdiction to have the chief of the receivership division
appointed as the liquidator or rehabilitator. If a foreign or...
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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...
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8-33-2
Section 8-33-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADMINISTRATOR. A third party other than the warrantor who is designated by the
warrantor to be responsible for the administration of vehicle protection product warranties.
(2) COMMISSIONER. The Commissioner of the Department of Insurance. (3) DEPARTMENT. The Department
of Insurance. (4) INCIDENTAL COSTS. Expenses specified in the warranty incurred by the warranty
holder related to the failure of the vehicle protection product to perform as provided in
the warranty. Incidental costs may include, without limitation, insurance policy deductibles,
rental vehicle charges, the difference between the actual value of the stolen vehicle at the
time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction
fees, and mechanical inspection fees. (5) SERVICE CONTRACT. A contract or agreement as defined
in subdivision (13) of Section 8-32-2. (6) VEHICLE...
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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...
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