reglab/housing_qa huggingface dataset:
AL Code § 27-2-23 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-23 - Examinations - How Conducted.

Section 27-2-23Examinations - How conducted. (a) The examination may be conducted by the commissioner or his accredited examiners at the offices wherever located of the person being examined and at such other places as may be required for determination of matters under examination. (b) Every person being examined, its officers, attorneys, employees, agents, and representatives, shall make freely available to the commissioner or his examiners the accounts, records, documents, files, information, assets, and matters in his possession or control relating to the subject of the examination. (c) If the commissioner or examiner finds any account or record of an insurer being examined to be inadequate or inadequately kept or posted for proper examination of the condition and affairs of the examinee, he shall give written notice to such examinee specifying: (1) The deficiencies to be corrected; and (2) A reasonable period within which to correct the stated deficiencies. If the examinee fails to maintain, complete, or correct such accounts or records within the period specified, the commissioner may employ experts to reconstruct, rewrite, post, or balance such accounts or records in accordance with recognized accounting principles and procedures. (d) If the commissioner deems it necessary to value any asset involved in such an examination, he may make written request of the person being examined to appoint one or more competent appraisers approved by the commissioner for the purpose of appraising such property. If no such appointment is made within 10 days after such request was delivered to such person, the commissioner may appoint the appraiser or appraisers. Any such appraisal shall be promptly made, and a copy of the report thereof shall be furnished to the commissioner. The reasonable expense of the appraisal shall be borne by the person being examined. (e) Neither the commissioner nor any examiner shall remove any record, account, document, file, or other property of the person being examined from the offices of such person except with the written consent of such person given in advance of such removal or pursuant to an order of court duly obtained. (f) Any individual who obstructs the commissioner or his examiner in the examination of an insurer shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in Section 27-1-12. (Acts 1971, No. 407, p. 707, §38.)
AL Code § 27-2-25 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-25 - Examinations - Expenses.

Section 27-2-25Examinations - Expenses. (a) Each person being examined shall pay to the commissioner the travel expense to and from such examination, a living expense allowance at such reasonable rates customary for such examination in which state the examination takes place and established or adopted by the commissioner and the compensation of the examiners making the examination, upon presentation by the commissioner of a detailed account of such allowances and expenses. Such an account may be so presented periodically during the course of the examination or at the termination of the examination, as the commissioner deems proper. (b) The commissioner shall deposit all funds received under subsection (a) of this section in the State Treasury to the credit of a fund to be known as the Special Examination Revolving Fund. The expenses incurred by the commissioner and his examiners in the making of examinations under this title, together with the compensation of such examiners, shall be paid from such revolving fund and the amount necessary to make such payments is hereby appropriated from such fund. (Acts 1939, No. 527, p. 818; Acts 1943, No. 416, p. 381; Acts 1953, No. 776, p. 1047; Acts 1971, No. 407, p. 707, §40.)
AL Code § 27-2-26 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-26 - Witnesses and Evidence for Examination, Investigation or Hearing - Generally.

Section 27-2-26Witnesses and evidence for examination, investigation or hearing - Generally. (a) As to the subject of any examination, investigation, or hearing being conducted by him, the commissioner may subpoena witnesses and administer oaths or affirmations and examine any individual under oath or take depositions and, by subpoena duces tecum, may require and compel the production of records, books, files, documents, and other evidence. (b) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a circuit court. Witness fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses and their testimony shall be itemized and shall be paid by the person being examined if in the proceedings in which such witness is called such person is found to have been in violation of the law or by the person, if other than the commissioner, at whose request the hearing is held. (c) Subpoenas of witnesses shall be served in the same manner and at the same cost as if issued by a circuit court. If any individual fails to obey a subpoena issued and served under this section with respect to any matter concerning which he may be lawfully interrogated or required to produce for examination, on application of the commissioner, the circuit court of the county in which is pending the proceeding at which such individual was so required to appear or the circuit court of the county in which such individual resides may issue an order requiring such individual to comply with the subpoena and to testify or produce the evidence subpoenaed. Any failure to obey such order of the court may be punished by the court as a contempt thereof. (d) Any person willfully testifying falsely under oath as to any matter material to any such examination, investigation, or hearing shall, upon conviction thereof, be guilty of perjury and punished accordingly. (Acts 1939, No. 527, p. 818; Acts 1971, No. 407, p. 707, §41.)
AL Code § 27-2-27 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-27 - Witnesses and Evidence for Examination, Investigation, or Hearing - Compelling Testimony or Production of Documents, etc.; Immunity From Prosecution.

Section 27-2-27Witnesses and evidence for examination, investigation, or hearing - Compelling testimony or production of documents, etc.; immunity from prosecution. (a) If any individual asks to be excused from attending or testifying or from producing any books, papers, records, contracts, correspondence, or other documents in connection with any examination, hearing, or investigation being conducted by the commissioner or his examiner on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture and shall, by the Attorney General, be directed to give such testimony or produce such evidence, he must nonetheless comply with such direction; but he shall not thereafter be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter or thing concerning which he may have so testified or produced evidence, and no testimony so given or evidence produced shall be received against him upon any criminal action, investigation, or proceeding; except, that no such individual so testifying shall be exempt from prosecution or punishment for any perjury committed by him in such testimony, and the testimony or evidence so given or produced shall be admissible against him upon any criminal action, investigation, or proceeding concerning such perjury; nor shall such individual be exempt from the refusal, suspension, or revocation of any license, permission, or authority conferred, or to be conferred, pursuant to this title. (b) Any such individual may execute, acknowledge, and file in the department a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement, and thereupon, the testimony of such individual or such evidence in relation to such transaction, matter or thing may be received or produced before any judge, court, tribunal, grand jury, or otherwise; and, if so received or produced, such individual shall not be entitled to any immunity or privileges on account of any testimony he may so give or evidence so produced. (Acts 1971, No. 407, p. 707, §42.)
AL Code § 27-2-28 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-28 - Hearings - Power to Hold.

Section 27-2-28Hearings - Power to hold. (a) The commissioner may hold hearings for any purpose within the scope of this title deemed by him to be necessary. (b) The commissioner shall hold a hearing if required by any provision, or upon written demand therefor by a person aggrieved by any act, threatened act or failure of the commissioner to act or by any report, rule, regulation, or order of the commissioner, other than an order for the holding of a hearing or an order on hearing or pursuant thereto. Any such demand shall specify the grounds to be relied upon as a basis for the relief to be demanded at the hearing, and unless postponed by mutual consent, the hearing shall be held within 30 days after receipt by the commissioner of demand therefor. (c) Pending such hearing and decision thereon, the commissioner may suspend or postpone the effective date of his previous action. (d) This section does not apply as to hearings provided for in Chapter 13 of this title. (Acts 1971, No. 407, p. 707, §43.)
AL Code § 27-2-29 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-29 - Hearings - Notice.

Section 27-2-29Hearings - Notice. (a) Except where a longer period of notice is provided by other provisions of this title relative to particular matters, not less than 10 days in advance the commissioner shall give notice of the time and place of the hearing, stating the matters to be considered thereat. If the persons to be given notice are not specified in the provision pursuant to which the hearing is held, the commissioner shall give such notice to all persons whose pecuniary interests are to be directly and immediately affected by such hearing. (b) If any such hearing is to be held for consideration of rules and regulations of the commissioner or for the consideration of other matters which under subsection (a) of this section would otherwise require separate notices to more than 50 persons, in lieu of the notice required under such subsection the commissioner may give notice of the hearing by publication thereof in two or more newspapers of general circulation in this state at least once each week during the four weeks immediately preceding the week in which the hearing is to be held. The published notice shall state the time and place of the hearing and shall specify the matters to be considered thereat. (c) All such notices, other than published notices, shall be given as provided in Section 27-2-18. (d) This section does not apply as to hearings provided for in Chapter 13 of this title. (Acts 1971, No. 407, p. 707, §44.)
AL Code § 27-2-30 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-30 - Hearings - How Conducted.

Section 27-2-30Hearings - How conducted. (a) A hearing may be held in the department at Montgomery, Alabama, or at any other place in this state more convenient to parties and witnesses, as the commissioner determines. The commissioner or his deputy or examiner shall preside at the hearing and shall expedite the hearing and all procedures involved therein. (b) Hearings may be closed to the public at the commissioner's discretion; except that a hearing shall be open to the public if so requested in writing by any party to the hearing. (c) The commissioner shall allow any party to the hearing to appear in person and by counsel to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary and other evidence, to examine and cross-examine witnesses, to present evidence in support of his interest, and to have subpoenas issued by the commissioner to compel attendance of witnesses and production of evidence in his behalf. The testimony may be taken orally or by deposition, and any party shall have such right of introducing evidence by deposition as may obtain in the circuit courts. (d) Upon good cause shown, the commissioner shall permit to become a party to the hearing by intervention, if timely, only such persons who were not original parties thereto and whose pecuniary interests are to be directly and immediately affected by the commissioner's order made upon the hearing. (e) Formal rules of pleading or evidence need not be observed at any hearing. (f) Upon written request seasonably made by a party to the hearing and at such person's expense, the commissioner shall cause a full stenographic record of the proceedings to be made by a competent reporter. If transcribed, a copy of such stenographic record shall be furnished to the commissioner without cost to the commissioner or the state and shall be a part of the commissioner's record of the hearing. If so transcribed, a copy of such stenographic record shall be furnished to any other party to such hearing at the request and expense of such other party. If no stenographic record is made or transcribed, the commissioner shall prepare an adequate record of the evidence and of the proceedings. (g) Upon written request setting forth the reasons therefor of a party to a hearing filed with the commissioner within 30 days after any order made pursuant to a hearing has been mailed or delivered to the persons entitled to receive the same, the commissioner may, in his discretion, grant a rehearing or reargument of any matter involved in such hearing. Notice of such rehearing or reargument shall be given as provided in Section 27-2-29. (h) This section does not apply as to hearings provided for in Chapter 13 of this title. (Acts 1971, No. 407, p. 707, §45.)
AL Code § 27-2-31 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-31 - Hearings - Order.

Section 27-2-31Hearings - Order. (a) In the conduct of hearings under this title and making his order thereon, the commissioner shall act in a quasi-judicial capacity. (b) Within 30 days after termination of the hearing, or of any rehearing thereof or reargument thereon, or within such other period as may be specified in this title as to particular proceedings, the commissioner shall make his order on hearing, covering matters involved in such hearing and in any such rehearing or reargument, and shall give a copy of such order to the same persons given notice of the hearing and to all parties to the hearing. (c) The order shall contain a concise statement of the facts as found by the commissioner, his conclusions therefrom, and the matters required by Section 27-2-18. (d) The order may affirm, modify, or rescind action theretofore taken or may constitute the taking of new action within the scope of the notice of hearing. (e) This section does not apply as to hearings provided for in Chapter 13 of this title. (Acts 1971, No. 407, p. 707, §46.)
AL Code § 27-2-33 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-33 - Order of Supervision - Authority of Commissioner; Reasons for Issuance.

Section 27-2-33Order of supervision - Authority of commissioner; reasons for issuance. The Commissioner of Insurance is empowered to place an insurance company under supervision, after a hearing thereon, by appropriate order, for the following reasons: (1) When an insurance company has been notified under the provisions of Section 27-27-41 of impairment or deficiency of assets and given 60 days to make good the impairment; (2) A determination by the commissioner that an insurer is impaired or insolvent; (3) A determination by the commissioner that an insurer's condition is such as to render the continuation of its business hazardous to its policyholders following an examination of the operations and financial condition of an insurer by the commissioner; (4) Any of the grounds for rehabilitation or liquidation of domestic insurers set forth in Sections 27-32-6 and 27-32-7. (Acts 1975, No. 217, p. 742, §1; Acts 1977, No. 409, p. 547, §1.)
AL Code § 27-2-34 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-34 - Order of Supervision - Appointment of Supervisor; Acts Which May Be Prohibited During Period of Supervision.

Section 27-2-34Order of supervision - Appointment of supervisor; acts which may be prohibited during period of supervision. During the period of supervision the commissioner may appoint a supervisor and may provide that the insurer may not do the following things during the period of supervision without the prior approval of the commissioner or his duly appointed supervisors: (1) Dispose of, convey, or encumber any of its assets or its business in force; (2) Withdraw any of its bank accounts; (3) Lend any of its funds; (4) Invest any of its funds; (5) Transfer any of its property; (6) Incur any debt, obligation, or liability; (7) Enter into any new reinsurance contract or treaty; (8) Issue to the public policies of insurance. (Acts 1975, No. 217, p. 742, §2; Acts 1977, No. 409, p. 547, §3.)
AL Code § 27-2-35 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-35 - Order of Supervision - Withdrawal of Order; Duration of Order.

Section 27-2-35Order of supervision - Withdrawal of order; duration of order. The commissioner shall withdraw the supervision order immediately upon determination that the reasons for the supervision set forth in Section 27-2-33 have been corrected or no longer exist, but in no event shall the supervision order last longer than 180 days without another notice and hearing being conducted in the same manner as set out in Section 27-2-38. (Acts 1975, No. 217, p. 742, §3; Acts 1977, No. 409, p. 547, §4; Acts 1982, 2nd Ex. Sess., No. 82-788, p. 293.)
AL Code § 27-2-36 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-36 - Order of Supervision - Effect on Rehabilitation, Liquidation, and Delinquency Proceedings.

Section 27-2-36Order of supervision - Effect on rehabilitation, liquidation, and delinquency proceedings. The provisions of Chapter 32 of this title concerning rehabilitation and liquidation shall not be stayed during the period of supervision and the commencement of delinquency proceedings under Section 27-32-4, may commence either before, during or after a supervision order or period of supervision. (Acts 1975, No. 217, p. 742, §4; Acts 1977, No. 409, p. 547, §5.)
AL Code § 27-2-37 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-37 - Order of Supervision - Form and Content; Appeal.

Section 27-2-37Order of supervision - Form and content; appeal. The order of supervision issuing after the hearing shall follow the provisions of Section 27-2-18, and may be appealed in the same manner as orders falling under the provisions of Section 27-2-32. (Acts 1975, No. 217, p. 742, §5; Acts 1977, No. 409, p. 547, §6.)
AL Code § 27-2-38 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-38 - Order of Supervision - Notice and Hearing as to Issuance.

Section 27-2-38Order of supervision - Notice and hearing as to issuance. No order of supervision shall be issued by the commissioner until the insurance company has been given notice of the commissioner's intentions to place the company under supervision, the appropriate reasons for supervision set out in Section 27-2-33 and a hearing held thereon. The notice and hearing shall conform to the requirements set forth in Sections 27-2-26 through 27-2-31. (Acts 1977, No. 409, p. 547, §2.)
AL Code § 27-2-39 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 1 - General Provisions.|Section 27-2-39 - Creation of Insurance Department Fund; Payment of Fees, Etc.

Section 27-2-39Creation of Insurance Department Fund; payment of fees, etc. (a) There is created a fund in the State Treasury designated the "Insurance Department Fund" to be used for the operation of the Department of Insurance. Receipts deposited into this fund shall be disbursed only by warrants of the state Comptroller drawn upon the State Treasury on itemized vouchers approved by the Commissioner of Insurance. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act, other appropriation acts, or this section. At the end of each fiscal year, any unencumbered and unexpended balance of up to 25 percent of the amount appropriated for that fiscal year shall not revert to the State General Fund under Section 41-4-93, but shall carry over to the next fiscal year. (b) Notwithstanding any other provision of law, the Commissioner of Insurance shall promptly pay all sums, fees, taxes, licenses, renewals, and other miscellaneous charges collected pursuant to Sections 10-4-111, 27-2-16, 27-3-29, 27-4-2, 27-7-7, 27-8-1, 27-8-5, 27-13-5, 27-13-24, 27-13-62, 27-21A-21, 27-34-6, 27-34-36, 27-34-47, 27-39-6, and 27-39-7, other than those fines, penalties, and deposit requirements collected pursuant to Section 27-3-29, and other than those fees collected pursuant to Chapter 8A of Title 27 for deposit into the Insurance Agents and Brokers Continuing Education Fund, into the State Treasury with 50 percent credited to the State General Fund and 50 percent credited to the Insurance Department Fund. (Acts 1996, No. 96-692, p. 1161, §§1, 2; Act 98-613, p. 1351, §1.)
AL Code § 27-2-50 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 2 - Receivership Division.|Section 27-2-50 - Established; Appointment, Term of Office, and Compensation of Chief.

Section 27-2-50Established; appointment, term of office, and compensation of chief. There is hereby established within the Department of Insurance a Receivership Division to be managed and headed by a chief of said division. The chief of said Receivership Division shall be appointed by the Commissioner of Insurance and shall serve at his pleasure. The compensation of said chief shall be fixed by the commissioner; except, that said compensation shall not exceed that of the highest paid division chief in the Insurance Department under the Merit System. (Acts 1975, No. 1039, p. 2083, §1.)
AL Code § 27-2-51 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 2 - Department and Commissioner of Insurance.|Article 2 - Receivership Division.|Section 27-2-51 - Bond of Chief.

Section 27-2-51Bond of chief. The Chief of the Receivership Division shall make bond payable to the State of Alabama in the amount of $75,000.00, conditioned upon faithful performance of his duties, the premiums of which shall be borne by the state. In addition each receivership court may require adequate bond of said receiver if the court deems it necessary, the premiums of which shall be paid from funds of the receivership. (Acts 1975, No. 1039, p. 2083, §6.)