Code of Alabama

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2-21-25
Section 2-21-25 Rules and regulations. (a) The commissioner, with the approval of the board,
is authorized to promulgate such rules and regulations for commercial feeds and pet foods
as are specifically authorized in this chapter and such other reasonable rules and regulations
as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity,
the commissioner shall, by regulations, adopt, unless he determines that they are inconsistent
with the provisions of this chapter or are not appropriate to conditions which exist in this
state, the following: (1) The official definitions of feed ingredients and official feed terms
adopted by the Association of American Feed Control Officials and published in the official
publication of that organization; and (2) Any regulation promulgated pursuant to the authority
of the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.); provided, that
the commissioner, with the approval of the board, would have...
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22-28-13
Section 22-28-13 Variances. (a) The commission may grant individual variances beyond the limitations
prescribed in this chapter whenever it is found, upon presentation of adequate proof, that
compliance with any rule or regulation, requirement or order of the commission would impose
serious hardship without equal or greater benefits to the public and the emissions occurring,
or proposed to occur, do not endanger or tend to endanger human health or safety, human comfort
and aesthetic values. In granting or denying a variance, the commission shall file and publish
a written opinion stating the facts and reasons leading to its decision. (b) In granting a
variance, the commission may impose such conditions as the policies of this chapter may require.
If the hardship complained of consists solely of the need for a reasonable delay in which
to correct a violation of this chapter or of the commission regulations, the commission shall
condition the grant of such variance upon the posting of...
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27-2B-6
Section 27-2B-6 Authorized control level event; commissioner's duties. (a) "Authorized
control level event" means any of the following events: (1) The filing of an RBC report
by the insurer which indicates that the insurer's total adjusted capital is greater than or
equal to its mandatory control level RBC but less than its authorized control level RBC. (2)
The notification by the commissioner to the insurer of an adjusted RBC report that indicates
the event in subdivision (1), provided the insurer does not challenge the adjusted RBC report
under Section 27-2B-8. (3) If, pursuant to Section 27-2B-8, the insurer challenges an adjusted
RBC report that indicates the event in subdivision (1), notification by the commissioner to
the insurer that the commissioner has, after a hearing, rejected the insurer's challenge.
(4) The failure of the insurer to respond, in a manner satisfactory to the commissioner, to
a corrective order, provided the insurer has not challenged the corrective order...
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27-5A-11
Section 27-5A-11 Penalties and liabilities. (a) A reinsurance intermediary, insurer, or reinsurer
found by the commissioner, after a hearing conducted in accordance with Section 27-2-28, to
be in violation of this chapter, shall: (1) For each separate violation, pay a penalty in
an amount not exceeding $5,000. (2) Be subject to revocation or suspension of its license.
(3) If a violation was committed by the reinsurance intermediary, the reinsurance intermediary
shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer
or reinsurer for the net losses incurred by the insurer or reinsurer attributable to such
violation. (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 27-2-32. (c) Nothing
contained in this section shall affect the right of the commissioner to impose any other penalties
provided in the insurance law. (d) Nothing contained in...
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9-17-152
Section 9-17-152 Board approval; recordation of order; certificate of effectiveness; dissolution
of fields and units; determination of commercial reserves; creation of cavities. (a) The use
of an underground reservoir as a storage facility for gas is hereby authorized, provided that
the board shall first enter an order, after notice and hearing pursuant to the provisions
of Sections 9-17-3 to 9-17-8, inclusive, approving such proposed underground storage of gas
and designating the horizontal and vertical boundaries of the storage facility, such boundaries
to include within them any necessary or reasonable buffer zone for the purpose of insuring
the safe operation of the storage facility and to protect the storage facility against pollution,
invasion, and escape or migration of gas therefrom, upon finding as follows: (1) That the
storage facility is suitable and feasible for the injection, storage and withdrawal of gas
and has a greater value or utility for the storage of gas than for...
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2-12-10
Section 2-12-10 Inspections of buildings, vehicles, records, etc.; penalty for failure to pay
inspection fee or affix labels. The Commissioner of Agriculture and Industries, authorized
inspectors, employees and agents of the Department of Agriculture and Industries shall have
power and authority during business hours to enter any store, market or other building or
place where eggs are sold or offered for sale or kept for sale or where such eggs are packaged,
graded and labeled in this state or to stop and inspect any truck or other vehicle transporting
eggs to be sold or offered for sale in this state and to make such examination or inspection
as may be necessary to determine whether any of the provisions of this chapter or of any rule
and regulation adopted under this chapter relating to the sale of eggs are being violated.
Inspectors, employees and authorized agents of the Department of Agriculture and Industries
shall also have power and authority to inspect, examine and review...
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2-22-22
Section 2-22-22 Violations of chapter or rules or regulations promulgated thereunder deemed
misdemeanors; injunctive proceedings to restrain violations of chapter or rules or regulations
promulgated thereunder. (a) Any person who shall violate any of the provisions of this chapter
or who fails to perform any duty or requirement imposed by the provisions of this chapter
or who violates any rule or regulation duly promulgated thereunder or who shall sell or offer
for sale or distribute for sale any commercial fertilizer in violation of the requirements
of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as
now prescribed by law for such an offense. (b) In addition to the penalty provided in subsection
(a) of this section, the commissioner may apply by petition to a circuit court, and such court
or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining
order or permanent injunction or both restraining and enjoining...
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27-2B-5
Section 27-2B-5 Regulatory action level event; commissioner's duties; determination of corrective
actions; retention of consultants. (a) "Regulatory action level event" means, with
respect to any insurer, any of the following events: (1) The filing of an RBC report by the
insurer which indicates that the insurer's total adjusted capital is greater than or equal
to its authorized control level RBC but less than its regulatory action level RBC. (2) The
notification by the commissioner to an insurer of an adjusted RBC report that indicates the
event in subdivision (1), provided the insurer does not challenge the adjusted RBC report
under Section 27-2B-8. (3) If, pursuant to Section 27-2B-8, the insurer challenges an adjusted
RBC report that indicates the event in subdivision (1), the notification by the commissioner
to the insurer that the commissioner has, after a hearing, rejected the insurer's challenge.
(4) The failure of the insurer to file an RBC report by the filing date, unless...
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27-2B-9
Section 27-2B-9 Confidentiality of reports and plans; information sharing agreements; publication
of RBC levels prohibited; use of reports and plans by commissioner. (a) All RBC reports, to
the extent the information therein is not required to be set forth in a publicly available
annual statement schedule, and RBC plans, including the results or report of any examination
or analysis of an insurer performed pursuant hereto and any corrective order issued by the
commissioner pursuant to examination or analysis, with respect to any domestic insurer or
foreign insurer which are filed with the commissioner constitute information that may be damaging
to the insurer if made available to its competitors and therefore shall be kept confidential
by the commissioner. This information shall not be made public or be subject to subpoena,
other than by the commissioner, and then only for the purpose of enforcement actions taken
by the commissioner pursuant to this chapter or any other provision of...
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27-40-5
Section 27-40-5 Licenses - Suspension or revocation. (a) The commissioner may revoke or suspend
the license of any premium finance company when, and if, after complaint and investigation,
it appears to the commissioner that: (1) Any license issued to such company was obtained by
fraud; (2) There were any misrepresentations in the application for the license; (3) The holder
of such license has otherwise shown himself untrustworthy or incompetent to act as a premium
finance company; (4) Such company has violated any of the provisions of this chapter; or (5)
No license shall issue or remain in force if any principal of the licensee has been convicted
of a crime involving moral turpitude. (b) Before the commissioner shall revoke, suspend, or
refuse to renew the license of any premium finance company, the aggrieved person shall be
entitled to a hearing in accord with administrative procedures in effect in this state or
if no such administrative procedures are set out, then in the same...
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