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27-29-13
Section 27-29-13 Judicial review of actions by commissioner; petition for mandamus against
same. (a) Any person aggrieved by any act, determination, rule, regulation, or order or any
other action of the commissioner pursuant to this chapter may appeal therefrom within 30 days
after such action, determination, rule, or regulation is taken or issued, in accordance with
the provisions of Section 27-2-32, except that the court shall conduct its review without
a jury and by trial de novo; provided, however, that all the parties, including the commissioner,
may stipulate that the review shall be confined to the record. Portions of the record may
be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.
(b) The filing of an appeal pursuant to this section shall stay the application of any such
rule, regulation, order, or other action of the commissioner to the appealing party unless
the court, after giving such party notice and an opportunity to be...
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30-5-8
Section 30-5-8 Notice of hearing or other order to be sent to parties; registration of information;
automated process; additional fines. (a)(1) A copy of any notice of hearing or any protection
order under this chapter shall be sent to the plaintiff within 24 hours of issuance, provided
the plaintiff provides the court with current and accurate contact information, and to the
law enforcement officials with jurisdiction over the residence of the plaintiff. The clerk
of the court may furnish a certified copy of the notice of final hearing or protection order,
if any, electronically. (2) A copy of the petition and ex parte protection order, if issued,
under this chapter shall be served upon the defendant as soon as possible pursuant to Rule
4 of the Alabama Rules of Civil Procedure. A copy of the notice of final hearing and any other
order under this chapter shall be issued to the defendant as soon as possible. (3) Certain
information in these cases shall be entered in the Protection...
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37-3-25
Section 37-3-25 Penalties for violations. (a) Any person knowingly and willfully violating
any provision of this chapter or any rule, regulation, requirement or order thereunder or
any term or condition of any certificate, permit or license for which a penalty is not otherwise
herein provided shall, upon conviction thereof, be fined not more than $100.00 for the first
offense and not more than $500.00 for any subsequent offense. Each day of such violation shall
constitute a separate offense. (b) If any motor carrier or broker operates in violation of
any provision of this chapter (except as to the reasonableness of rates, fares or charges
and discriminatory character thereof), or any rule, regulation or requirement, or order thereunder,
or of any term or condition of any certificate or permit, the commission or its duly authorized
agency may apply to the circuit court of the State of Alabama for any county where such motor
carrier or broker operates for the enforcement of such...
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27-17A-15
Section 27-17A-15 Examination by commissioner. (a) The commissioner shall, as often as he or
she may deem necessary, examine the business of any person writing preneed contracts under
this chapter to the extent applicable. The examination shall be made by designated representatives
or examiners of the Department of Insurance. (b) The written report of each examination, when
completed, shall be filed in the office of the commissioner and, when so filed, shall not
constitute a public record. (c) Any person being examined shall produce, upon request, all
records of the person. The designated representative of the commissioner may at any time examine
the records and affairs of the person, whether in connection with a formal examination or
not. (d) The commissioner may waive the examination requirements of this section if the certificate
holder submits audited financial statements. (e) The person examined shall pay the examination
expenses, travel expense and per diem subsistence allowance...
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5-18A-15
Section 5-18A-15 Suspension or revocation of license; hearing. (a) The supervisor may, after
notice and hearing, suspend or revoke any license if the supervisor finds that the licensee
has knowingly or through lack of due care committed any of the following actions: (1) Failed
to pay the annual license fee imposed by this chapter or an examination fee imposed by the
supervisor under the authority of this chapter. (2) Committed fraud, engaged in a dishonest
activity, or made misrepresentations. (3) Violated a provision of this chapter, an administrative
regulation issued pursuant to this chapter, or has violated any other law in the course of
its or his or her dealings as a licensee. (4) Made a false statement in the application for
the license or failed to give a true reply to a question in the application. (5) Demonstrated
incompetence or untrustworthiness to act as a licensee. (6) Entered or caused to be entered
or allowed to be entered any false information on any business record of...
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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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27-29B-5
Section 27-29B-5 Contents of Corporate Governance Annual Disclosure. (a) The insurer or insurance
group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall
contain the material information necessary to permit the commissioner to gain an understanding
of the insurer's or insurance group's corporate governance structure, policies, and practices.
The commissioner may request additional information that the commissioner deems material and
necessary to provide the commissioner with a clear understanding of the corporate governance
policies or the reporting or information system or controls implementing those policies. (b)
Notwithstanding subsection (a), the CGAD shall be prepared consistent with rules adopted by
the commissioner which shall be substantially similar to the Corporate Governance Annual Disclosure
Model Regulation developed by the NAIC. Documentation and supporting information shall be
maintained and made available upon examination or upon...
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5-18-9
Section 5-18-9 License - Revocation, suspension, etc.; investigation of complaints. (a) Revocation
of license. - The supervisor shall, upon 10 days' written notice to the licensee stating the
contemplated action and in general the grounds therefor and upon reasonable opportunity to
be heard, revoke any license issued under this chapter if he finds that: (1) The licensee
has failed to pay the annual license fee; (2) The licensee, either knowingly or without the
exercise of due care to prevent the same, has violated any provisions of this chapter or any
regulation or order lawfully made pursuant to and within the authority of this chapter; (3)
Any fact or condition exists which, if it had existed or had been known to exist at the time
of the original application for such license, clearly would have justified the supervisor
in refusing originally to issue such license; except, that the license shall not be revoked
because of convenience and advantage; or (4) The licensee is guilty of...
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27-31B-10
Section 27-31B-10 Examinations and investigations. (a) At least once in three years, and whenever
the commissioner determines it to be prudent, the commissioner shall visit each captive insurance
company and thoroughly inspect and examine its affairs to ascertain its financial condition,
its ability to fulfill its obligations, and whether it has complied with this chapter. The
commissioner, upon application, may enlarge the three-year period to five years, provided
the captive insurance company is subject to a comprehensive annual audit during that period
of a scope satisfactory to the commissioner by independent auditors approved by the commissioner.
The expenses and charges of the examination shall be in accordance with Section 27-2-25. (b)
All examination reports, preliminary examination reports or results, working papers, recorded
information, documents, and copies thereof produced by, obtained by, or disclosed to the commissioner
or any other person in the course of an examination...
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40-17-150
Section 40-17-150 Annual identification markers. (a) The commissioner shall provide by regulation
for the issuance of an annual identification marker for every Alabama IFTA-based carriers'
qualified vehicles and the qualified vehicles from non-IFTA-member jurisdictions, as defined
in Article 9 of Chapter 17 of this title, for a fee based on administrative costs of administering
the agreements pursuant to Article 9 of Chapter 17 of this title. The identification marker
shall be in the form and of the size as the commissioner may prescribe. (b) The identification
marker shall be attached or affixed to the vehicle in the place and manner prescribed by the
commissioner so that the same is clearly displayed at all times. (c) The identification markers
herein provided for shall be issued on an annual basis as of January 1 each year and shall
be valid through the next succeeding December 31. (d) All identification markers issued by
the commissioner shall remain the property of the state. (e)...
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