41-5A-2
Section 41-5A-2 Chief examiner - Appointment and functions; vacancies; removal from office. (a) The affairs of the department shall be administered by the Chief Examiner of Public Accounts, whose actions shall be supervised and controlled by the Legislative Committee on Public Accounts. The chief examiner shall be selected and appointed by the Legislative Committee on Public Accounts to serve for a term of five years and until a qualified successor is appointed. (b)(1) A vacancy in the office of chief examiner arising from any cause shall be filled by the Legislative Committee on Public Accounts. The person so appointed may serve through the next regular or special session of the Legislature until confirmed as provided in subdivision (2). (2) The appointment of the chief examiner shall be subject to confirmation by the Senate at the first regular or special session of the Legislature held after the appointment; provided, however, that this subsection does not affect the right or...
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41-5A-16
Section 41-5A-16 Legislative Committee on Public Accounts - Established; composition; vacancies. (a) There shall be a Legislative Committee on Public Accounts to exercise general supervision and control over the actions of the chief examiner and the Department of Examiners of Public Accounts. (b) The Legislative Committee on Public Accounts shall have 12 members. Five members shall be elected by the House of Representatives from its membership and five members shall be elected by the Senate from its membership. The President Pro Tempore of the Senate shall be a member of the committee and the chair of the committee. The Speaker of the House of Representatives shall be a member of the committee and the vice-chair of the committee. Beginning January 1, 2020, the President Pro Tempore of the Senate and the Speaker of the House shall alternate service as chair and vice-chair of the committee every two years. Members of the committee shall be elected at the first regular session of each...
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41-5A-5
Section 41-5A-5 Chief examiner - Powers and duties generally. (a) The chief examiner shall be the executive and administrative head of the department and shall have the power and duty to do all of the following subject to review and oversight by the Legislative Committee on Public Accounts: (1) Exercise general supervision of and make regulations for the governance of the department. (2) Prescribe uniform rules pertaining to investigations, examinations, audits, and departmental hearings. (3) Supervise the fiscal affairs and responsibilities of the department. (4) Appoint and remove the staff, officers, and employees of the department, subject to the Merit System Act and the rules issued pursuant thereto. (5) Keep an accurate and complete record of all proceedings of the department; record and file all bonds, reports, and other documents; and assume responsibility for the custody and preservation of all papers and documents of the department. (6) Make recommendations and an annual...
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41-5A-12
Section 41-5A-12 Periodic examinations and audits of state and county offices, departments, boards, etc. (a)(1) The books, records, vouchers, and accounts of every state and county office, officer, bureau, board, commission, corporation, institution, department, and agency shall be examined and audited at least once every two years and more frequently if deemed necessary by the chief examiner. (2) The books, records, vouchers, and accounts of any state and county office, officer, bureau, board, commission, corporation, institution, department, and agency shall be examined and audited upon a request by the Legislative Committee on Public Accounts. Notwithstanding any other law to the contrary, the books, records, vouchers, and accounts of municipal boards of education or any state entity holding assets within or outside this state or within or outside the State Treasury may be examined and audited upon request of the committee. (b) Examinations and audits required under this chapter...
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41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a) For the purposes of this section, the following words have the following meanings: (1) CHIEF EXAMINER. The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in excess of amounts due and includes failure to meet eligibility requirements, failure to identify third party liability where applicable, any payment for an ineligible good or service, any payment for a good or service not received, duplicate payments, invoice and pricing errors, failure to apply discounts, rebates, or other allowances, failure to comply with contracts or purchasing agreements, or both, failure to provide adequate documentation or necessary signatures, or both, on documents, or any other inadvertent error resulting in overpayment. (3) RECOVERY AUDIT. A financial management technique used to identify overpayments made by a state agency with respect to individuals, vendors, service providers, and other entities in...
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41-5A-3
Section 41-5A-3 Chief examiner - Qualifications. (a) The chief examiner shall be selected with consideration of his or her training, experience, capacity, and fitness for the duties as executive and administrative head of the Department of Examiners of Public Accounts. (b)(1) The chief examiner may not have been a partisan candidate for political office within four years preceding his or her appointment. (2) The chief examiner is not eligible for appointment or election to any state, county, or municipal office, nor shall he or she be a member of a committee of any political party during the term for which he or she is appointed. Violation of this subsection shall automatically result in removal from the office of chief examiner. (Act 2018-129, §1.)...
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41-5A-4
Section 41-5A-4 Chief examiner - Oath of office; bond. The chief examiner, before entering upon the duties of his or her office, shall take the oath prescribed by Section 279 of the Constitution of Alabama of 1901, and shall give bond for the faithful performance of his or her duties in the amount of one hundred thousand dollars ($100,000). The oath and the bond, which must be approved by the Legislative Committee on Public Accounts and paid for from funds available to the Department of Examiners of Public Accounts, shall be filed with the Secretary of State. The chief examiner shall be a commissioned officer of the state. (Act 2018-129, §1.)...
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41-5A-11
Section 41-5A-11 Chief legal counsel for department; assistants. (a) The chief examiner shall appoint a chief legal counsel for the department pursuant to subsection (b) of Section 36-15-5.1. (b) The chief legal counsel shall be of good character and qualified by training and experience to perform the duties of his or her office. (c) The chief examiner may appoint two assistant legal counsels for the department pursuant to subsection (b) of Section 36-15-5.1, and may appoint additional assistant legal counsels, as approved by the Legislative Committee on Public Accounts. The assistant legal counsels for the department shall be commissioned as assistant attorneys general, but shall devote their entire time to the affairs of the department. (Act 2018-129, §1.)...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate Compact for the Supervision of Parolees and Probationers was established in 1937, it is the earliest corrections "compact" established among the states and has not been amended since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it currently has jurisdiction over more than a quarter of a million offenders; Whereas: The complexities of the compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements, and sex offender registration; Whereas: After hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about...
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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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