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8-19A-4
Section 8-19A-4 Exemptions. The provisions of this chapter do not apply to: (1) A person engaging
in commercial telephone solicitation where the solicitation is an isolated transaction and
not done in the course of a pattern of repeated transactions of like nature. (2) A person
making calls for religious, charitable, political, educational, or other noncommercial purposes
or a person soliciting for a nonprofit corporation if that corporation is properly registered
with the Secretary of State and is included within the exemption of the Alabama Revenue Code
or Section 501(c)(3) of the Internal Revenue Code or rural electric cooperatives formed under
Chapter 6 of Title 37 of the Code of Alabama or affiliates or subsidiaries thereof. (3) A
person soliciting: a. Without the intent to complete or obtain provisional acceptance of a
sale during the telephone solicitation. b. Who does not make the major sales presentation
during the telephone solicitation. c. Without the intent to complete, and...
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27-21A-6
Section 27-21A-6 Fiduciary responsibilities of directors, officers, employees, and partners.
(a) Any director, officer, employee, or partner of a health maintenance organization who receives,
collects, disburses, or invests funds in connection with the activities of such organization
shall be responsible for such funds in a fiduciary relationship to the organization. (b) A
health maintenance organization shall maintain in force a fidelity bond on employees and officers
in an amount not less than $25,000 or such other sum as may be prescribed by the commissioner.
All such bonds shall be written with at least a one-year discovery period and if written with
less than a three-year discovery period shall contain a provision that no cancellation or
termination of the bond, whether by or at the request of the insured or by the underwriter,
shall take effect prior to the expiration of 90 days after written notice of such cancellation
or termination has been filed with the commissioner unless...
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34-11-9
Section 34-11-9 Practice by firms. (a)(1) A firm that practices or offers to practice engineering
or land surveying is required to obtain a certificate of authorization from the board in accordance
with rules adopted by the board. (2) An entity that performs engineering services or land
surveying services for itself, or for a parent or subsidiary, is not required to have a certificate
of authorization. (3) A firm may not be relieved of responsibility for the conduct or acts
of its agents, employees, officers, or partners by reason of its compliance with this section.
An individual practicing engineering or land surveying under this chapter is not relieved
of responsibility for engineering or land surveying services performed by reason of employment
or other relationship with a firm holding a certificate of authorization. (4) The Secretary
of State may not accept organizational papers nor issue a certificate of incorporation, organization,
licensure, or authorization to any firm that...
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5-19-1
Section 5-19-1 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings respectively ascribed to them by this section: (1) FINANCE CHARGE.
The sum of all charges, payable directly or indirectly by the person to whom credit is extended,
and imposed directly or indirectly by the creditor as an incident to the extension of credit.
The amount of the finance charge in connection with any credit transaction (i) shall be determined,
and shall include and exclude the fees and charges, as provided by Section 106 of the Federal
Truth-in-Lending Act, 15 U.S.C. Section 1605 and the regulations of the Federal Reserve Board
promulgated pursuant to the Federal Truth-in-Lending Act, 12 C.F.R. Part 226, and the Official
Staff Commentary adopted by the Federal Reserve Board pursuant to that regulation, and without
limiting or affecting the foregoing subparagraph (i), (ii) shall exclude, without limitation,
late charges and other charges resulting from or...
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27-3-6.1
Section 27-3-6.1 Authority to transact insurance - Kind or combinations of kinds - Closing
or settlement protection. (a) Notwithstanding the provisions of subdivision (3) of Section
27-3-6, a title insurer may issue closing or settlement protection to a person who is a party
to a transaction in which a title insurance policy will be issued. (b) The form of closing
or settlement protection shall be submitted to and approved by the commissioner. (c) The closing
or settlement protection may indemnify a person only against loss of closing or settlement
funds because of one of the following acts of a settlement agent, such as a title insurance
agent or other settlement service provider which has been approved by the title insurer for
such protection, under the terms and conditions of the closing protection as approved by the
commissioner: (1) Theft or misappropriation of settlement funds in connection with a transaction
in which a title insurance policy or title insurance policies will be...
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45-44-244.30
Section 45-44-244.30 Definitions. As used in this subpart, the following words shall have the
following meanings: (1) COUNTY. Macon County. (2) EMPLOYEE. Any person engaging in or following
any trade, occupation, or profession within the meaning of subdivision (8). (3) EMPLOYER.
Any person, business, firm, corporation, partnership, association, or any other organization
that employs any person in any trade, occupation, or profession in the county within the meaning
of subdivision (8). (4) GROSS RECEIPTS and COMPENSATION. The total gross amount of all salaries,
wages, commissions, bonuses, or other money payment of any kind, or any other considerations
having monetary value, that a person receives from or is entitled to receive from or be given
credit for by his or her employer for any work done or personal services rendered in any trade,
occupation, or profession, including any kind of deductions before pay is received. Gross
receipts and compensation shall not mean or include amounts...
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34-4-21
Section 34-4-21 Application and examination; fees; expiration, renewal of licenses; continuing
education; discharge of apprentice; change of address. (a) Any person desiring to enter into
the auction business and obtain a license as an auctioneer or apprentice auctioneer shall
make written application for a license to the board. Each application shall be accompanied
by an examination fee of an amount not to exceed one hundred dollars ($100) which shall be
collected from each applicant to defray the expenses of the examination. The application shall
be submitted on forms prepared and furnished by the board. (b) Each applicant for a license
as an auctioneer shall be 19 years of age or over, and each applicant for a license as an
apprentice auctioneer shall be 18 years of age or over and shall be a citizen of the United
States or legally present in this state. Each applicant for an auctioneer's license shall:
(1) have completed a prescribed course of study at an accredited auctioneering...
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5-19-22
Section 5-19-22 License to engage in business of making consumer loans or taking assignments
of consumer credit contracts - Required; exceptions; application; investigation; standards
for issuance; hearing; licensing under Small Loan Act; fees; participation in Nationwide Mortgage
Licensing System and Registry. (a) No creditor shall engage in any one or more of the following
activities without first having obtained a license from the administrator: (1) Making consumer
loans to Alabama residents, regardless of whether the creditor has a place of business in
Alabama or an employee residing in Alabama. (2) Making consumer loans originated by an individual
required to be licensed as a mortgage loan originator under the Alabama Secure and Fair Enforcement
for Mortgage Licensing Act of 2009. (3) Taking assignments of consumer credit contracts, either
from a place of business in Alabama or through use of an employee residing in Alabama whose
employment includes taking assignments of consumer...
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34-9-19.1
Section 34-9-19.1 Advertising - Dental referral service; requirements; prohibitions; penalties.
(a) For purposes of this section, the following words shall have the following meanings: (1)
ADVERTISEMENT. Information communicated in a manner designed to attract public attention to
a referral service, participating dentist, or a practice of dentistry. (2) DENTAL REFERRAL
SERVICE. A person, firm, partnership, association, corporation, agent, or employee of any
of the foregoing that engages in any business or service for profit that in whole or in part
includes the referral or recommendation of persons to a dentist for any form of dental care
or treatment. (3) DENTIST. Any person licensed to practice dentistry or any entity authorized
by law which is formed for the purpose of practicing dentistry. (4) FALSE, FRAUDULENT, MISLEADING,
OR DECEPTIVE STATEMENT. A statement or claim having one or more of the following characteristics:
a. One that contains a misrepresentation of fact. b. One that...
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7-9A-320
Section 7-9A-320 Buyer of goods; Alabama Farmers Credit Protection Fund. (a) Buyer in ordinary
course of business. Except as otherwise provided in subsection (e), a buyer in ordinary course
of business, other than a person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if the security interest
is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as
otherwise provided in subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes takes free of a security
interest, even if perfected, if the buyer buys: (1) without knowledge of the security interest;
(2) for value; (3) primarily for the buyer's personal, family, or household purposes; and
(4) before the filing of a financing statement covering the goods. (c) Effectiveness of filing
for subsection (b). To the extent that it affects the...
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