Code of Alabama

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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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16-23-16.2
Section 16-23-16.2 Criminal history background check for teacher preparation program applicants.
(a) Each two-year and four-year institution of higher education in the state shall require
each applicant for admission to a teacher preparation program to complete a criminal history
background information check as a part of the initial application process. (b) The criminal
history background information check shall be administered in a manner prescribed by the institution
of higher education that is consistent with the Alabama Child Protection Act of 1999, and
rules promulgated by the State Department of Education. (c) Any publication of an institution
of higher education, that describes the requirements for or application process for a teacher
preparation program offered by the institution, shall also inform prospective students of
the requirements of this section. (Act 2009-628, p. 1926, §1.)...
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16-22A-10
Section 16-22A-10 Confidentiality of information. (a)(1) Any criminal history background information
reports received by the State Department of Education from the Department of Public Safety
shall be confidential, conspicuously marked as confidential, and not further disclosed or
made available for public inspection. (2) Any criminal history background information report
received by a local employing board from the State Department of Education shall be confidential,
conspicuously marked as confidential, and not further disclosed or made available for public
inspection. (b) All criminal history background information reports are specifically excluded
from any requirement of public disclosure as a public record as the Legislature finds these
documents to be sensitive personnel records. (c) Transmittal of any criminal history background
information at any time shall be accomplished in a nontransparent package, sealed, and marked
confidential with instructions to be opened only by the...
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38-13-5
Section 38-13-5 Additional requirements. (a) An applicant, licensee, volunteer, or employee,
upon request, shall submit the following items: (1) Two functional, acceptable fingerprint
cards, bearing the fingerprints of the individual, properly executed by a law enforcement
agency or individual properly trained in fingerprinting techniques. (2) Written consent authorizing
the release of any criminal history background information to the Department of Human Resources.
(3) A written statement signed by the applicant, volunteer, or employee indicating whether
he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire in the form required in subsection
(a) of Section 38-13-4. (4) The fee of an applicant. (b) An applicant, licensee, volunteer,
or employee shall notify the prospective or current employer, licensing agency, or entity
for whom volunteer work is being performed of any criminal convictions...
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38-13-8
Section 38-13-8 Confidentiality and disclosure of reports. (a) All reports of criminal history
background information received by the Department of Human Resources from the Department of
Public Safety shall be confidential and marked confidential with no further disclosure and
shall not be made available for public inspection. (b) All criminal history background information
reports shall be excluded from any requirement of public disclosure as a public record. (c)
Without additional public disclosure, the following release of the criminal history background
information report shall not be construed to violate this section: (1) Showing the report
to the applicant or current employee. (2) Release of the report to a court of competent jurisdiction
in the event of litigation brought by the applicant or employee. (3) Release of the report
to a court of competent jurisdiction upon a finding that the information is material to the
issues of the case before the court. (4) Use of the report in...
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16-22A-32
Section 16-22A-32 Collection of fingerprints; submission of materials. (a) Each local employing
board and other public educational entity required to obtain criminal history background information
checks of current public certified employees and current public noncertified employees pursuant
to this article shall cooperate with the State Department of Education in obtaining two complete
acceptable sets of fingerprints and written consent from each current employee who has or
seeks to have unsupervised access to a child or children. (b)(1) Each local employing board
and other public educational entity shall, upon request, submit the following items to the
State Department of Education for each current public certified employee and current public
noncertified employee: a. Two functional acceptable fingerprint cards, bearing the fingerprints
of the individual, properly executed by an individual properly trained in fingerprinting techniques.
b. Written consent authorizing the release of...
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22-14-30
Section 22-14-30 Inquiry into employee's criminal history by licensed nuclear facilities; "vital
areas" defined. Any person, firm or corporation which operates, constructs or maintains
a nuclear powered electric generating facility within the state licensed by the United States
Nuclear Regulatory Commission, except an agency of the United States Government, shall conduct
an inquiry into the criminal history record of any person employed or who has made application
for employment at such facility. The criminal history record inquiry shall be used to establish
the suitability of such person to work within or have access to any vital area of such facility.
"Vital areas" shall be defined by the United States Nuclear Regulatory Commission
or any other federal agency having authority to license or regulate nuclear powered electric
generating facilities. (Acts 1979, No. 79-805, p. 1483, §1.)...
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22-14-31
Section 22-14-31 Fingerprints; search of criminal records by department; fees. Any person,
firm or corporation referred to in Section 22-14-30 shall submit to the Alabama State Law
Enforcement Agency two sets of classifiable fingerprints of each person for whom a criminal
history record inquiry is required. Fingerprints shall be submitted upon cards of such type
as the department may require. The department shall search its criminal history files or the
criminal history files of any other state agency to which it has access and return the results
of its records search to the submitting employer. The director shall set and collect a reasonable
fee for such service. Said fee shall be paid into the Alabama State Law Enforcement Agency
Operating Fund. (Acts 1979, No. 79-805, p. 1483, §2.)...
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38-13-6
Section 38-13-6 Fees. (a) A nonrefundable fee to be paid for the criminal history background
information check shall conform to the guidelines promulgated pursuant to 42 U.S.C. § 5119,
the National Child Protection Act of 1993, and state law. (b) The Department of Public Safety
may charge a fee in the amount prescribed in Section 32-2-61, of Title 32, for the cost of
processing the request. The Department of Public Safety shall charge no larger fee for requests
than charged for requests received from those entities. The fee charged for criminal history
background information checks shall not exceed the statutory and regulatory amounts set under
existing guidelines and no additional administrative fees, except for the cost of mailings,
shall be charged which would increase the cost of the criminal history background information
check. (c) An applicant for employment shall be responsible for the cost of the criminal history
background information check. An applicant shall not be...
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