5-25-16
Section 5-25-16 Enforcement and penalties. (a) Whenever it appears to the supervisor that any
person required to be licensed or registered under this chapter has violated any law of this
state or any order or regulation of the department, the supervisor after notice and hearing
may order such person or an affiliate acting on behalf of such person to cease and desist
from the unauthorized practices. (b) Any person required to be licensed under this chapter
or an affiliate of such person who is found by the supervisor after notice and hearing to
have violated this chapter or the terms of any order issued pursuant to this section may be
ordered by the supervisor to pay a civil penalty of not more than three thousand dollars ($3,000)
in the aggregate for all violations of a similar nature or, where violations are knowing violations,
not more than fifteen thousand dollars ($15,000), in addition to any other penalties provided
by law, including, but not limited to, revocation of any licenses...
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27-55-6
Section 27-55-6 Complaint; investigation; relief. (a) A person claiming to be adversely affected
by an act or practice prohibited by this chapter may file a complaint with the commissioner
for individual relief seeking remedies and penalties authorized by this chapter. (b) The commissioner
shall conduct a reasonable investigation based on a written and signed complaint received
by the commissioner and shall issue a prompt determination as to whether a violation of this
chapter has occurred. If the commissioner finds from the investigation that a violation of
this chapter has occurred, the commissioner shall promptly begin proceedings to address the
violation through means such as imposition of injunctive relief, requiring restitution, and,
in cases of repeated violation after previous findings or warnings of violations from the
commissioner, suspension or revocation of certificates of authority or licenses. The powers
and duties set forth in this chapter shall be in addition to all...
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28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment
and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this
chapter, a wholesaler with which the supplier has an agreement may maintain a civil action
against the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with
which the wholesaler has an agreement may maintain a civil action against the wholesaler to
recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A
supplier that violates any provision of this chapter shall be liable for all actual damages
and all court costs and, in the court's discretion, reasonable attorney fees incurred by a
wholesaler as a result of that violation. A wholesaler that violates any provision of this
chapter shall be liable for all actual damages and all court costs and, in the...
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24-8-14
Section 24-8-14 Civil action; sale, encumbrance, etc. consummated before issuance of order;
relief and award. (a) A civil action must be commenced within one year after the alleged discriminatory
housing practice has occurred. However, the court shall continue a civil case brought pursuant
to this section, from time to time, before bringing it to trial if the court believes that
the conciliation efforts of the office or local agency are likely to result in satisfactory
settlement of the discriminatory housing practice complained of in the complaint made to the
office or to the local agency and which practice forms the basis for the action in court.
Any sale, encumbrance, or rental consummated before the issuance of any court order issued
under the authority of this chapter and involving a bona fide purchaser, encumbrances, or
tenant without actual notice of the existence of the filing of a complaint or civil action
under the provisions of this chapter are not affected. A civil action...
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26-8-50
Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application;
appointment, powers, etc., of commissioner for conduct of sale. The court, in the order of
sale, must appoint a suitable person commissioner to make the sale and, except as otherwise
provided in this article, the authority and duty of such commissioner is the same as that
of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner
so appointed fails to act or to complete the sale, another may be appointed at any time by
an order of the court. (Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940,
T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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27-32-16
Section 27-32-16 Conduct of delinquency proceedings - Foreign insurers. (a) Whenever under
this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer
not domiciled in this state, the court shall appoint the commissioner as ancillary receiver.
The commissioner shall file a petition requesting the appointment on the grounds set forth
in Section 27-32-10: (1) If he finds that there are sufficient assets of the insurer located
in this state to justify the appointment of an ancillary receiver; or (2) If 10 or more persons,
resident in this state, having claims against such insurer, file a petition with the commissioner
requesting the appointment of such ancillary receiver. (b) The domiciliary receiver, for the
purpose of liquidating an insurer domiciled in a reciprocal state, shall be vested by operation
of law with the title to all of the property, contracts, and rights of action and all of the
books and records of the insurer located in this state, and...
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27-6B-6
Section 27-6B-6 Penalties. (a) If the commissioner believes that the controlling producer or
any other person has not materially complied with this chapter, or any regulation or order
promulgated hereunder, after notice and opportunity to be heard, the commissioner may order
the controlling producer to cease placing business with the controlled insurer. (b) If it
was found that because of the material non-compliance that the controlled insurer or any policyholder
thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene
in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory
damages for the benefit of the insurer or policyholder, or other appropriate relief. (c) If
an order for liquidation or rehabilitation of the controlled insurer has been entered, pursuant
to Chapter 32 of Title 27, and the receiver appointed under that order believes that the controlling
producer or any other person has not...
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37-3-29
Section 37-3-29 Appeals. From any final action or order of the commission in the exercise of
the jurisdiction, power or authority, conferred upon the commission by this chapter, an appeal
shall lie to the circuit court of the county of the carrier's residence or in which he has
his principal place of business or to the Circuit Court of Montgomery County, Alabama, and
thence to the Supreme Court of Alabama. Appeals to a circuit court must be taken within 30
days after the date of such final action or order, and such appeals and the supersedeas and
stay of action or order appealed from in other respects shall be governed by the provisions
of the law respecting appeals in other cases from the final orders and actions of the commission.
Appeals to the supreme court from judgments of the circuit court shall be governed by the
Alabama Rules of Appellate Procedure. (Acts 1939, No. 669, p. 1064, §27; Code 1958, T. 48,
§301(27).)...
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8-19A-17
Section 8-19A-17 Actions by enforcing authority. The division may bring: (1) An action to obtain
a declaratory judgment that an act or practice violates this chapter. (2) An action to enjoin
any person who has violated or is violating this chapter. (3) An action on behalf of one or
more purchasers for the actual damages caused by an act or practice performed in violation
of this chapter. This action may include, but is not limited to, an action to recover against
a bond, letter of credit, or certificate of deposit as otherwise provided in this chapter.
Upon motion of the enforcing authority in any action brought under this section, the court
may make appropriate orders, including appointment of a master or receiver or sequestration
of assets, to reimburse consumers found to have been damaged, to carry out a consumer transaction
in accordance with the consumer's reasonable expectations, or to grant other appropriate relief.
The court may assess the expenses of a master or receiver...
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8-7A-24
Section 8-7A-24 Party aggrieved by order entitled to hearing before commission; appeals from
action of commission. (a) Any person aggrieved by an order issued under this chapter shall
be entitled to a hearing, as authorized for contested cases, pursuant to the Administrative
Procedure Act, Chapter 22 of Title 41, if the aggrieved person, within 28 days after delivery
of the order, submits a written request for a hearing before the commission. The order shall
disclose the right to a hearing upon written request within 28 days after delivery of the
order. If no timely request for a hearing is made, the order shall constitute a final order
of the commission. (b) Any appeal from any final order of the commission shall be made to
the Circuit Court of Montgomery County and shall be governed by the provisions of the Administrative
Procedure Act pertaining to judicial review. (Act 2017-389, §2.)...
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