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6-5-734
Section 6-5-734 Pleading requirements; stay of discovery. (a) In any action exempted under
subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity
for each defendant and cause of action all of the following: (1) The statute, rule, or other
law of the state or of the United States that allegedly creates the cause of action. (2) Each
element of the cause of action and the specific facts alleged to satisfy each element of the
cause of action. (3)a. The exemption under subsection (a) being relied upon and the specific
facts that allegedly demonstrate that the violation of the statute, rule, or other law in
subdivision (1) proximately caused actual injury to the plaintiff. b. In any action exempted
under subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements,
the complaint initiating the action shall state with particularity facts sufficient to support
a reasonable inference that the violation was with intent to...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
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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36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees;
finding of violation. (a) The commission shall do all of the following: (1) Prescribe forms
for statements required to be filed by this chapter and make the forms available to persons
required to file such statements. (2) Prepare guidelines setting forth recommended uniform
methods of reporting for use by persons required to file statements required by this chapter.
(3) Accept and file any written information voluntarily supplied that exceeds the requirements
of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing system
consistent with the purposes of this chapter. (5) Make reports and statements filed with the
commission available during regular business hours and online via the Internet to public inquiry
subject to such regulations as the commission may prescribe. (6) Preserve reports and statements
for a period consistent with the statute of limitations as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-25-4.htm - 17K - Match Info - Similar pages
27-36A-4
Section 27-36A-4 Actuarial opinion of reserves. (a) Actuarial opinion prior to the operative
date of the valuation manual as defined by Section 27-36A-15. (1) GENERAL. Every life insurance
company doing business in this state shall annually submit the opinion of a qualified actuary
as to whether the reserves and related actuarial items held in support of the policies and
contracts specified by the commissioner by regulation are computed appropriately, are based
on assumptions which satisfy contractual provisions, are consistent with prior reported amounts,
and comply with applicable laws of this state. The commissioner, by regulation, shall define
the specifics of this opinion and add any other items deemed to be necessary to its scope.
(2) ACTUARIAL ANALYSIS OF RESERVES AND ASSETS SUPPORTING RESERVES. a. Every life insurance
company, except as exempted pursuant to regulation, shall also annually include in the opinion
required by subdivision (1) an opinion of the same qualified...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-36A-4.htm - 12K - Match Info - Similar pages
13A-11-61.3
Section 13A-11-61.3 Regulation of firearms, ammunition, and firearm accessories. (a) The purpose
of this section is to establish within the Legislature complete control over regulation and
policy pertaining to firearms, ammunition, and firearm accessories in order to ensure that
such regulation and policy is applied uniformly throughout this state to each person subject
to the state's jurisdiction and to ensure protection of the right to keep and bear arms recognized
by the Constitutions of the State of Alabama and the United States. This section is to be
liberally construed to accomplish its purpose. (b) For the purposes of this section, the following
words shall have the following meanings: (1) AMMUNITION. Fixed cartridge ammunition, shotgun
shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles
for muzzle-loading firearms, and any propellant used in firearms or ammunition. (2) EXPRESSLY
AUTHORIZED BY A STATUTE OF THIS STATE. The authority of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-11-61.3.htm - 9K - Match Info - Similar pages
30-2-56
Section 30-2-56 Interim alimony. (a)(1) In an action for divorce, legal separation, or annulment,
the court may award either spouse interim alimony based upon a showing of all of the following:
a. The spouse maintains the validity of the marriage. b. The spouse needs interim alimony,
after taking into consideration any other financial contributions provided by the other spouse
pursuant to other interim orders of the court. c. The other spouse has the ability to pay
interim alimony. (2) An award under subdivision (1) may be made retroactive to the date of
the filing of the complaint. The amount awarded shall be based on the applicable factors for
awarding rehabilitative or periodic alimony as established in subsections (d), (e), and (f)
of Section 30-2-57. (b) An order awarding interim alimony may be terminated or prospectively
modified at any time prior to the entry of a final judgment for good cause shown. In case
of an emergency, the court may order or prospectively modify interim...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-2-56.htm - 2K - Match Info - Similar pages
13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-6-19.htm - 8K - Match Info - Similar pages
11-98-13.1
Section 11-98-13.1 Permanent Oversight Commission on 911. (a) The Permanent Oversight Commission
on 911 is established. The commission shall do the following: (1) Study the operational and
financial condition of the current 911 systems within the State of Alabama and publish a report
detailing the same. (2) Study the rate charged for 911 services and make recommendations to
the board regarding adjustments to the rate. (3) Develop recommendations for the most efficient
and effective delivery of 911 services in Alabama over both the long- and short-term. (4)
Study the charges levied by each telecommunications provider to each communications district
for both data base and network charges. (5) Develop legislation necessary to implement its
long-term 911 plan. (6) Report its findings, recommendations, and proposed legislation to
the Legislature prior to the last day of the 2014 Regular Session. (b) The commission shall
remain in place until the later of the end of the 2014 Regular Session...
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