5-25-6
Section 5-25-6 Issuance of license. (a) Upon receipt of a completed application for a license
together with all items set forth in subsection (c) of Section 5-25-5, the department shall
conduct such an investigation as it deems necessary to determine that the applicant and its
officers, directors, and principals are of good character and ethical reputation and will
operate honestly and fairly within the purposes of this chapter; and that the applicant demonstrates
reasonable financial responsibility. (b) The department may not license any applicant unless
it is satisfied that the applicant may be expected to operate its mortgage brokerage activities
in compliance with the laws of this state. (c) The department may not issue a license if it
finds that the applicant, or any person who is a director, executive officer, partner, or
principal of the applicant, has been convicted of a felony or offense which involves breach
of trust, fraud, or dishonesty in any jurisdiction. For the purposes...
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7-7-207
Section 7-7-207 Goods must be kept separate; fungible goods. (a) Unless the warehouse receipt
provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as
to permit at all times identification and delivery of those goods. However, different lots
of fungible goods may be commingled. (b) If different lots of fungible goods are commingled,
the goods are owned in common by the persons entitled thereto and the warehouse is severally
liable to each owner for that owner's share. If, because of overissue, a mass of fungible
goods is insufficient to meet all the receipts the warehouse has issued against it, the persons
entitled include all holders to which overissued receipts have been duly negotiated. (Prior
version of this section added by Acts 1965, No. 549, p. 811; repealed by Act 2004-315, p.
464, §1; current section added by Act 2004-315, p. 464, §1.)...
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7-7-204
Section 7-7-204 Duty of care; contractual limitation of warehouse's liability. (a) A warehouse
is liable for damages for loss of or injury to the goods caused by its failure to exercise
care with regard to the goods that a reasonably careful person would exercise under similar
circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could
not have been avoided by the exercise of that care. (b) Damages may be limited by a term in
the warehouse receipt or storage agreement limiting the amount of liability in case of loss
or damage beyond which the warehouse is not liable. Such a limitation is not effective with
respect to the warehouse's liability for conversion to its own use. On request of the bailor
in a record at the time of signing the storage agreement or within a reasonable time after
receipt of the warehouse receipt, the warehouse's liability may be increased on part or all
of the goods covered by the storage agreement or the warehouse receipt. In this...
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34-27A-62
Section 34-27A-62 Adjudicatory proceedings for violations. (a) The board shall conduct adjudicatory
proceedings for any violation of this article in accordance with the Administrative Procedure
Act. Adjudicatory proceedings shall include, but not be limited to, all of the following due
process protections: (1) Before censuring, suspending, or revoking registration under this
article, the board shall notify the registrant in writing of any charges at least 20 days
before the date set for hearing and shall afford the registrant an opportunity to be heard
in person or by counsel. (2) The written notice shall be served by certified mail, return
receipt requested, to the principal contact at the address of the registrant on file with
the board. (3) The hearing on the charges shall be at a time and place prescribed by the board,
in accordance with the Administrative Procedure Act. (4) The hearing may be conducted before
a hearing officer designated by the board who shall make findings of...
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7-7-509
Section 7-7-509 Adequate compliance with commercial contract. Whether a document of title is
adequate to fulfill the obligations of a contract for sale, a contract for lease, or the conditions
of a letter of credit is determined by Article 2, 2A, or 5. (Prior version of this section
added by Acts 1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current section
added by Act 2004-315, p. 464, §1.)...
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7-7-601
Section 7-7-601 Lost, stolen, or destroyed documents of title. (a) If a document of title is
lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute
document and the bailee may without liability to any person comply with the order. If the
document was negotiable, a court may not order delivery of the goods or issuance of a substitute
document without the claimant's posting security unless it finds that any person that may
suffer loss as a result of nonsurrender of possession or control of the document is adequately
protected against the loss. If the document was nonnegotiable, the court may require security.
The court may also order payment of the bailee's reasonable costs and attorney's fees in any
action under this subsection. (b) A bailee that, without a court order, delivers goods to
a person claiming under a missing negotiable document of title is liable to any person injured
thereby. If the delivery is not in good faith, the bailee is...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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35-10-90
Section 35-10-90 Short title; application; definitions. (a) This article shall be known as
the Alabama Residential Mortgage Satisfaction Act. This article applies only to mortgages
securing residential real property located in this state which is used primarily for personal,
family, or household purposes and is improved by one to four dwelling units. Without limitation,
this article does not apply to mortgages on commercial or other types of property. This article
also does not apply to a security interest exclusively in one or more fixtures as defined
in Title 7, Article 9A. (b) For purposes of this article, the following terms shall have the
following meanings: (1) ENTITLED PERSON. The person or persons liable for payment or performance
of the obligation secured by the real property described in a security instrument. (2) EQUITY
LINE SECURITY INSTRUMENT. A security instrument securing, in whole or in part, indebtedness
created under a line of credit, a revolving or open-end credit...
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41-10-762
Section 41-10-762 Notice and hearing not required. Except as may be expressly provided in this
article, no proceeding, notice, or approval shall be required for the issuance of any bonds
by the authority, the execution of any mortgage and deed of trust, trust indenture, or other
document, or the exercise of any other of the powers of the authority. (Act 2016-469, 1st
Sp Sess., §13.)...
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11-65-1
Section 11-65-1 Legislative declarations and findings. The Legislature hereby finds and declares
as follows: (1) As the basis for enacting Act No. 84-131, the Legislature found and determined
that the conduct within Class 1 municipalities in the state of horse racing events and pari-mutuel
wagering thereon will generate additional revenues for governmental and charitable purposes,
provide additional jobs for the residents of the state and benefit the businesses related
to tourism and recreation within any such municipality and throughout the surrounding areas
of the state; it is desirable to permit the qualified voters of any Class 1 municipality to
determine through referendum whether horse racing and pari-mutuel wagering thereon will be
permitted in such municipality; and for each Class 1 municipality in which horse racing is
approved by the voters thereof, it is necessary and desirable to provide for the establishment
of a racing commission to regulate horse racing and pari-mutuel...
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