reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-18 - Contract Providing for Mental Health Services to Entitle Insured to Reimbursement for Outpatient and Inpatient Services by Qualified Psychiatrist or Psychologist.

Section 27-1-18
Contract providing for mental health services to entitle insured to reimbursement for outpatient and inpatient services by qualified psychiatrist or psychologist.
(a) Whenever any group, or blanket hospital or medical expense insurance policy or hospital or medical service contract issued for delivery in this state provides for the reimbursement of health or health related services which includes mental health services, and such services are within the lawful scope of practice of a duly qualified psychiatrist or psychologist, the insured or other person entitled to benefits under such policy or contract shall be entitled to reimbursement for outpatient services, and inpatient services if requested by the attending physician, performed by a duly qualified psychiatrist or psychologist notwithstanding any provisions of the policy or contract to the contrary.
(b) For purposes of this section, a duly qualified psychologist means, one who is duly licensed or certified at the doctorate level in the state by the licensing board for psychologists of the state where the service is rendered, has had at least two years post-doctoral, clinical experience in a recognized health setting or has met the standards of the National Register of Health Service Providers in Psychology which require two years post-doctoral, clinical experience.
(c) Nothing in this section shall be construed to mandate or require an insurance company to include mental health services in a policy or contract which does not include such services, nor shall it be construed to expand the scope or nature of benefits provided when mental health services are included in a policy or contract.
(d) This section shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming law and shall apply to policies or contracts covered by the section delivered or issued for delivery in this state on and after such effective date and to group and blanket policies and contracts issued prior to the effective date on the next anniversary or renewal date or the expiration of the applicable collective bargaining agreement, if any, whichever date is the later.
(Acts 1982, No. 82-628, p. 1182, §§1, 2, 5.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-19 - Reimbursement of Health Care Providers.

Section 27-1-19
Reimbursement of health care providers.
(a) The insured, or health or dental plan beneficiary may assign reimbursement for health or dental care services directly to the provider of services. Health benefits include medical, pharmacy, podiatric, chiropractic, optometric, durable medical equipment, and home care services. The company or agency, when authorized by the insured, or health or dental plan beneficiary, shall pay directly to the health care provider the amount of the claim, under the same criteria and payment schedule that would have been reimbursed directly to the contract provider, and any applicable interest. This amount only applies to assigned claims. Any company or agency making a payment to the insured, or health or dental plan beneficiary, after the rights of reimbursement have been assigned to the provider of services, shall be liable to the provider for the payment. If the company or agency fails to reimburse the provider in accordance with the terms of the provider contract as provided in this section, then the provider shall be entitled to recover in the circuit or district courts of this state from the company or agency responsible for the payment of the claim an amount equal to the value of such claim plus interest and a reasonable attorney's fee to be determined by the court.
(b) Nothing in this section shall be construed to limit any insurer, health maintenance organization, preferred provider organization, health care service corporation, or other third party payor from determining the scope of its benefits or services or any other terms of its group and/or individual insured, subscriber or enrollee contracts nor from negotiating contracts with licensed providers on reimbursement rates or any other lawful provisions, except that the contract providing coverage to an insured may not exclude the right of assignment of benefits to any provider at the same benefit rate as paid to a contract provider.
(c) This section shall not apply to any persons covered under a state administered health benefit plan.
(Acts 1994, No. 94-638, p. 1197, §§1-6; Act 2001-445, p. 573, §1.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-21 - Uniformity of Limits Applied to Fulfillment of Certain Drug Prescriptions.

Section 27-1-21
Uniformity of limits applied to fulfillment of certain drug prescriptions.
(a) For the purposes of this section, the following words shall have the following meanings:
(1) ENROLLEE. A person enrolled in a health benefit plan.
(2) HEALTH BENEFIT PLAN. Any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, renewed in this state by a health care insurer, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care service plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes health care services to patients, insureds, or beneficiaries in this state. The term includes, but is not limited to, entities created pursuant to Article 6 of Chapter 4 of Title 10. The term shall not include any collective bargaining agreement or any employee welfare benefit plan as defined in 29 U.S.C. Section 1002 (1) or any third party administrator to the extent it provides services to an employee welfare benefit plan. For the purposes of this section, a health benefit plan located or domiciled outside of the State of Alabama is deemed to be subject to the provisions of this section if it receives, processes, adjudicates, pays, or denies claims for health care services submitted by or on behalf of patients, insureds, or beneficiaries who reside in the State of Alabama or who receive health care services in the State of Alabama.
(b) Each health benefit plan shall apply the same coinsurance, copayment, deductible, and quantity limit factors within the same employee group and other plan-sponsored group factors to all drug prescriptions filled by a pharmacy provider, whether by a retail provider or a mail service provider, provided the retail provider complies with the same terms, conditions, services, and price as a mail service provider. Nothing in this section shall be construed to prohibit the health benefit plan from applying different coinsurance, copayment, and deductible factors within the same employer group and other plan-sponsored group between generic and brand name drugs, nor prohibit an employer or other plan-sponsored group from offering multiple options or choices of health benefit plans, including, but not limited to, cafeteria benefit plans.
(c) A health benefit plan shall not set a limit on the quantity of drugs which an enrollee may obtain at any one time with a prescription, unless the limit is applied uniformly to all pharmacy providers who comply with the same terms, conditions, services, and price as mail service providers.
(Act 2000-327, p. 523, §1.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-23 - Motor Vehicle Accidents by Certain Public Safety Officers.

Section 27-1-23
Motor vehicle accidents by certain public safety officers.
(a) A personal auto insurance carrier of a full-time law enforcement officer or firefighter of a municipality or a county or the State of Alabama or a member of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service shall not consider any motor vehicle accident of the full-time law enforcement officer or firefighter or member of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service in fixing insurance premiums or cause any increase in the employee's personal automobile insurance premiums if, at the time of the accident, any of the following conditions exist:
(1) The full-time law enforcement officer or firefighter or member of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service was acting as an agent of the governmental employer or of the volunteer fire department, volunteer rescue squad, or volunteer emergency medical service and the automobile accident occurred in the performance of their duties.
(2) The full-time law enforcement officer or firefighter or member of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service was operating a motor vehicle owned by the governmental employer or by the volunteer fire department, volunteer rescue squad, or volunteer emergency medical service and the automobile accident occurred in the performance of their duties.
(3) The full-time law enforcement officer or firefighter or member of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service was not negligent or operating the government or department vehicle in a negligent manner at the time of the accident.
(b) The full-time law enforcement officer or firefighter or member of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service shall be exempt from filing the SR-13 form with the Department of Public Safety if any of the conditions in subsection (a) existed at the time of the motor vehicle accident.
(Act 2000-729, p. 1568, §§1, 2; Act 2006-425, p. 1052, §1.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 1 - General Provisions. › Section 27-1-25 - Rate Filings and Related Actuarial Information for Homeowners Insurance Coverage to Be Public Information.

Section 27-1-25
Rate filings and related actuarial information for homeowners insurance coverage to be public information.
(a) Except as limited in subsection (c), all rate filings and related actuarial information for homeowners insurance coverage in Alabama filed after September 1, 2011, shall be treated as public information.
(b) All rate filings and related actuarial information for homeowners insurance coverage shall be available to the public for review at the office of the Commissioner of Insurance in Montgomery, Alabama, and shall be available via the Internet through the website of the Department of Insurance.
(c) Any proprietary actuarial risk analysis or forecasting information or information otherwise restricted by statute or regulation included in a rate filing or related actuarial information is considered to be a commercially valuable trade secret under Chapter 27 of Title 8, and shall be confidential. The department, absent a court order, shall not release this confidential information. Any such information shall be submitted under separate cover and clearly state the desires of the party filing the information as to its confidentiality. The information shall be maintained by the department separate and distinct from all of the records available for public inspection. Notice of at least 10 business days shall be given to the applicable entity if such information is requested by court order from the department.
Act 2011-644, p. 1640, §3.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-1 - Department of Insurance.

Section 27-2-1
Department of Insurance.
(a) There shall be a Department of Insurance of the State of Alabama with such subordinate bureaus and divisions as the commissioner determines to be necessary.
(b) The expenses of operating the department shall be paid out of funds appropriated to it by the Legislature or otherwise made available for the purpose.
(Acts 1951, No. 234, p. 504, §§1, 8; Acts 1971, No. 407, p. 707, §16.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-2 - Commissioner of Insurance - Appointment; Term; Qualifications.

Section 27-2-2
Commissioner of Insurance - Appointment; term; qualifications.
(a) A Commissioner of Insurance shall be chief executive officer of the department. The commissioner shall be appointed by the Governor. He shall serve for a term concurrent with that of the Governor by whom he is appointed, or for the unexpired portion thereof.
(b) The commissioner shall be selected with special reference to his training, experience, and capacity. He shall not be a candidate for, nor hold, any other public office of trust nor be a member of any political committee. If he becomes a candidate for public office or becomes a member of a political committee, his office as commissioner shall be immediately vacated.
(Acts 1951, No. 234, p. 504, §§4, 5; Acts 1971, No. 407, p. 707, §17.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-3 - Commissioner of Insurance - Oath; Bond.

Section 27-2-3
Commissioner of Insurance - Oath; bond.
Before entering upon the duties of his office the commissioner shall take and subscribe to the oath prescribed by Article 16, Section 279 of the State Constitution and give bond in favor of the State of Alabama in the penal sum of $50,000.00. The surety on the bond shall be a corporate surety authorized to transact such business in this state. The form of the bond and surety shall be subject to the Governor's approval. The bond and oath shall be filed with the Secretary of State.
(Acts 1951, No. 234, p. 504, §6; Acts 1971, No. 407, p. 707, §18.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-4 - Commissioner of Insurance - Salary; Duty Generally.

Section 27-2-4
Commissioner of Insurance - Salary; duty generally.
(a) The commissioner shall receive such annual salary as fixed by the Governor in the same manner as the salaries of other appointive department heads. Such salary shall be payable in the same manner as other state employees are paid.
(b) The commissioner shall devote his entire time to the duties of his office.
(Acts 1951, No. 234, p. 504, §8; Acts 1971, No. 407, p. 707, §19.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-5 - Commissioner of Insurance - Official Seal.

Section 27-2-5
Commissioner of Insurance - Official seal.
(a) The commissioner shall have an official seal as heretofore provided him by the State of Alabama.
(b) All certificates executed by the commissioner, other than licenses of agents, brokers, solicitors, adjusters, and similar licenses, shall bear his seal.
(c) Every such certificate so executed and sealed under the authority conferred upon the commissioner by law may be recorded in the proper recording office in this state in the same manner and with the same effect as a deed regularly acknowledged or proven.
(d) Every certificate and other document or paper executed by the commissioner pursuant to any authority conferred upon him by law and sealed with the seal of his office and all copies or photographic copies of papers certified by him and authenticated by such seal shall, in all cases, be evidenced equally and in like manner as the original thereof and shall have the same force and effect as the original would in any action or proceeding in any court of this state.
(e) The commissioner shall collect such fees and charges for the use of his official seal as are provided for under Section 27-4-2.
(Acts 1923, No. 464, p. 607; Acts 1971, No. 407, p. 707, §20.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-6 - Commissioner of Insurance - Offices.

Section 27-2-6
Commissioner of Insurance - Offices.
(a) The commissioner's offices shall be located at the state capitol. The commissioner may have a service office at Birmingham and in such other cities of this state as he may deem necessary.
(b) The commissioner shall keep his offices open at all reasonable times for the transaction of public business.
(Acts 1951, No. 234, p. 504, §7; Acts 1971, No. 407, p. 707, §21.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-7 - Commissioner of Insurance - Powers and Duties.

Section 27-2-7
Commissioner of Insurance - Powers and duties.
The commissioner shall:
(1) Organize, supervise, and administer the Department of Insurance so that the department will perform its lawful functions efficiently and effectively.
(2) Enforce the provisions of this title.
(3) Execute the duties imposed upon him or her by this title.
(4) Have the powers and authority expressly conferred upon him or her by, or reasonably implied from, this title.
(5) Sign and execute in the name of the state, by "the state Department of Insurance," all contracts or agreements with the federal government or its agencies, other states or political subdivisions thereof, political subdivisions of this state, or with private persons.
(6) Conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as he or she may deem proper to determine whether any person has violated any provision of this title or to secure information useful in the lawful administration of any such provision. The cost of additional examinations or investigations shall be borne by the state except as otherwise expressly provided.
(7) Invoke any legal, equitable, or special remedy for the enforcement of orders or this title.
(8) Have such powers and perform such duties as may be granted to or required of the superintendent of insurance of this state under laws remaining in force after the effective date of this title.
(9) Have such additional powers and duties as may be provided by other laws of this state.
(10) Not issue a license to a natural person under this title or other law unless the natural person is a United States citizen or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(11) Create educational and informational programs and presentations for consumers regarding insurance and other matters regulated by the department.
(Acts 1951, No. 234, p. 504, §9; Acts 1971, No. 407, p. 707, §27; Act 2008-135, p. 202, §3; Act 2019-177, §1.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-7.1 - Commissioner of Insurance - Hearings on Automobile Insurance Rate Increases.

Section 27-2-7.1
Commissioner of Insurance - Hearings on automobile insurance rate increases.
Subject to the discretion of the Commissioner of Insurance, any increase in automobile insurance rates sought in the future should come before a public rate hearing.
(Act 99-430, p. 779, §5.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-8 - Commissioner of Insurance - Delegation of Powers, Etc.

Section 27-2-8
Commissioner of Insurance - Delegation of powers, etc.
(a) The commissioner may delegate to any deputy, assistant, examiner, or employee of the department the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial, discretionary, or of whatever character, vested by this title in the commissioner.
(b) The commissioner is responsible for the official acts of his deputy, assistant, examiner, or employee acting in the commissioner's name and by his authority.
(Acts 1951, No. 234, p. 504, §11; Acts 1971, No. 407, p. 707, §26.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-9 - Commissioner of Insurance - Annual Report.

Section 27-2-9
Commissioner of Insurance - Annual report.
As early as consistent with full and accurate preparation, the commissioner shall annually make a report to the Governor of his official transactions during the preceding calendar year. He shall include in the report:
(1) A statement of the receipts and expenditures of the department for the preceding year;
(2) An exhibit of the financial condition and business transactions during the preceding year of insurers authorized to transact business in this state, as disclosed by the financial statements of the insurers filed with the commissioner;
(3) Names of insurers whose business was closed during the year, the cause thereof, and amount of assets and liabilities as ascertainable;
(4) Names of insurers against whom delinquency or similar proceedings were instituted and a concise statement of the circumstances and results of each such proceeding;
(5) His recommendations as to amendments or supplementation of laws affecting insurance;
(6) His recommendations concerning the condition, operation, and functioning of the department; and
(7) Such other pertinent information and matters as he deems to be in the public interest.
(Code 1940, T. 28, §72; Acts 1971, No. 407, p. 707, §34.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-10 - Appointment, etc., of State Fire Marshal, Assistants, etc.; Compensation and Bond Thereof; Contracting for Professional Services.

Section 27-2-10
Appointment, etc., of State Fire Marshal, assistants, etc.; compensation and bond thereof; contracting for professional services.
(a) Subject to the Merit System Act and rules and regulations issued pursuant thereto, the commissioner shall prescribe the qualifications and duties of and appoint, employ, bond, and remove a State Fire Marshal and such other assistants, deputies, actuaries, examiners, and other employees as he deems necessary for the efficient performance of his duties under this code.
(b) The commissioner shall fix the compensation of all such personnel in accordance with the Merit System Act and the pay plan of the state Personnel Department.
(c) The commissioner may contract for and procure on a basis of fee, and without giving such persons any status in the classified service of the state, such independently contracting actuarial, technical, and other similar professional services as he may from time to time require for the discharge of his duties.
(d) Before entering upon the duties of their respective offices, the chief deputy fire marshal, the deputy fire marshal, and the chief clerk shall execute to the State of Alabama a bond, to be approved by the Governor, in amounts to be fixed by the Insurance Commissioner, for the faithful performance of their duties.
(Acts 1943, No. 122, p. 123; Acts 1951, No. 234, p. 504, §10; Acts 1961, Ex. Sess., No. 208, p. 2190; Acts 1971, No. 407, p. 707, §22.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-11 - Assignment of Assistant Attorney General.

Section 27-2-11
Assignment of assistant attorney general.
The Attorney General shall assign to the department an assistant attorney general who shall render to the commissioner such legal services as may be required.
(Acts 1951, No. 234, p. 504, §12; Acts 1971, No. 407, p. 707, §23.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-12 - Travel Expenses.

Section 27-2-12
Travel expenses.
In addition to compensation for their services, the commissioner and deputy commissioners shall receive actual expenses for travel on official business in accordance with Article 2, Chapter 7 of Title 36 of this code. Assistants and employees of the department shall be paid expenses for travel on official business as may be authorized by the commissioner and incurred by them in the performance of their duties in the same manner and in the same amounts as such expenses are paid to all other state employees.
(Acts 1951, No. 234, p. 504, §8; Acts 1971, No. 407, p. 707, §24.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-13 - Conflicts of Interest; Additional Compensation, Etc.

Section 27-2-13
Conflicts of interest; additional compensation, etc.
(a) The commissioner or any deputy, examiner, assistant, or employee of the commissioner shall not be financially interested, directly or indirectly, in any insurer, insurance agency, or insurance transaction except as a policy holder or claimant under a policy; except, that as to such matters wherein a conflict of interests does not exist on the part of any such individual, the commissioner may employ or retain, from time to time, insurance actuaries, accountants, or other professional personnel who are independently practicing their professions even though similarly employed or retained by insurers or others.
(b) The commissioner or any deputy, examiner, assistant, or employee of the commissioner shall not be given, nor receive, any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service rendered, or to be rendered, as such commissioner, deputy, assistant, examiner, or employee or in connection therewith. This section shall not apply to any person who is holding office or position on date of enactment of this title.
(Acts 1971, No. 407, p. 707, §25.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-14 - Records, Documents, and Files - Custody; Inspection; Reproduction; Destruction.

Section 27-2-14
Records, documents, and files - Custody; inspection; reproduction; destruction.
(a) The commissioner shall keep and preserve in permanent form accurate and complete records of his proceedings, including also a concise statement of the result of such examination of insurers by the commissioner, record and file all bonds and contracts and shall file such records in the department. The commissioner is responsible for the custody and preservation of all records, documents, and files of the department.
(b) The records of the commissioner and insurance filings in his office shall be open to public inspection, except as otherwise provided by this title.
(c) The commissioner may photograph, microphotograph, or reproduce on film, whereby each page will be reproduced in exact conformity with the original, all financial records, financial statements of domestic insurers, reports of business transacted in this state by foreign insurers, reports of examination of domestic insurers, and such other records and documents on file in his office as he may in his discretion select.
(d) To facilitate efficient use of floor space and filing equipment in his offices the commissioner may destroy records and documents as follows:
(1) General correspondence files over three years old;
(2) Agent, broker, solicitor, adjuster, and similar license files over two years old;
(3) Insurer certificate of authority files over two years old;
(4) All documents and records which have been photographed or otherwise reproduced as provided in subsection (c) of this section, and such reproduction has been filed and after audit of the commissioner's office has been completed for the period embracing the dates of such documents and records; and
(5) All other records, documents, and files not expressly provided for in subdivisions (1) through (4) of this subsection.
(Code 1940, T. 28, §72; Acts 1971, No. 407, p. 707, §31.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-15 - Records, Documents, and Files - Use as Evidence.

Section 27-2-15
Records, documents, and files - Use as evidence.
(a) Photographs or microphotographs in the form of film or prints of documents and records made under subsection (c) of Section 27-2-14 shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or microphotographs shall be as admissible in evidence as the originals.
(b) Upon request of any person and payment of the applicable fee, the commissioner shall give a certified copy of any record in his office which is then subject to public inspection.
(c) Copies of original records or documents in his office certified by the commissioner shall be received in evidence in all courts as if they were originals.
(d) If at any time the commissioner or any deputy, assistant, examiner, or other employee of the department is required by subpoena duces tecum to produce in any court or proceeding in this state any record of the department or copy thereof for the purpose of offering the same in evidence in such court or proceeding, the commissioner may designate any deputy, assistant, or other full-time employee of the department, who is competent for the purpose, to respond to such subpoena with the record or copy thereof so required and in lieu of the individual to whom the subpoena is directed.
(Acts 1971, No. 407, p. 707, §32.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-16 - Publication of Materials Relating to Insurance.

Section 27-2-16
Publication of materials relating to insurance.
(a) The commissioner shall have printed or otherwise published for public distribution all of the following:
(1) The insurance laws of this state.
(2) The rules and regulations of the commissioner.
(3) A directory, annually, of all insurers and of all resident insurance producers authorized or licensed by this state.
(4) Any other material the commissioner deems relevant and suitable for the more effective administration of the laws relating to insurance.
(b) The commissioner shall fix at a price at not less than cost of printing and distribution, to be paid by persons requesting copies of the insurance laws, regulations, and other publications the commissioner deems proper to sell on behalf of the state rather than distribute free of charge; except that the commissioner may furnish, without charge, copies of any such publication to the Legislature or to officials and departments of government or political subdivisions of this state or of other states of the federal government or of foreign countries. The commissioner shall promptly deposit all monies so received in the State Treasury with 50 percent credited to the State General Fund and 50 percent credited to the Insurance Department Fund.
(c) In complying with this section, the commissioner may, in lieu of printing the above information, provide access to the information by way of the Internet.
(Acts 1951, No. 234, p. 504, §15; Acts 1971, No. 407, p. 707, §33; Act 2001-702, p. 1509, §15.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-17 - Rules and Regulations.

Section 27-2-17
Rules and regulations.
(a) The commissioner may make reasonable rules and regulations necessary for the effectuation of any provision of this title. No such rule or regulation shall extend, modify, or conflict with any law of this state or the reasonable implications thereof.
(b) Any such rule or regulation affecting persons or matters other than the personnel or the internal affairs of the commissioner's office shall be made or amended only after a hearing thereon of which notice was given as required by Section 27-2-29. If reasonably possible the commissioner shall set forth the proposed rule, regulation, amendment, or summary in or with the notice of hearing.
(c) No such rule or regulation as to which a hearing is required under subsection (b) of this section above shall be effective until after it has been on file as a public record in the commissioner's office and in the office of the Secretary of State for at least 10 days.
(d) Upon request and payment of the reasonable cost thereof, if required and fixed by the commissioner, the commissioner shall furnish a copy of any such rule or regulation to any person so requesting.
(e) The willful failure to comply with or willful violation of any material provision of a rule or regulation may be treated by the commissioner in the same manner as the willful failure to comply with or willful violation of any material provision of this title, but such action taken by the commissioner shall not be in the nature of a criminal penalty and shall be limited to suspension or revocation of licenses of agents or insurers doing business in Alabama.
(Acts 1951, No. 234, p. 504, §13; Acts 1971, No. 407, p. 707, §28; Acts 1975, No. 215, p. 739, §1.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-17.1 - Regulations to Provide for Biennial Renewal of Licenses.

Section 27-2-17.1
Regulations to provide for biennial renewal of licenses.
The commissioner shall, by regulation, provide for the transition from annual renewal to biennial renewal of licenses for insurance producers, service representatives, and adjusters by staggering the renewal periods in 2007 and 2008. Certain licensees may be required to renew for one year at one-half the biennial fee and continuing education coursework otherwise required under Act 2006-299.
(Act 2006-299, p. 614, §2.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-18 - Orders and Notices of Commissioner.

Section 27-2-18
Orders and notices of commissioner.
(a) Orders and notices of the commissioner shall be effective only when in writing signed by him or by his authority.
(b) Every such order shall state its effective date, and shall concisely state:
(1) Its intent or purpose;
(2) The grounds on which based; and
(3) The provisions of this title pursuant to which action is taken or proposed to be taken; but failure to so designate a particular provision shall not deprive the commissioner of the right to rely thereon.
(c) Except as may be provided in this title respecting particular procedures, an order or notice may be given by delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to him at his principal place of business as last of record in the department. Notice so mailed shall be deemed to have been given when deposited in a letter depository of a United States post office.
(Acts 1971, No. 407, p. 707, §29.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-19 - Enforcement of Insurance Code.

Section 27-2-19
Enforcement of insurance code.
The commissioner may institute such actions or other proceedings as may be required for enforcement of any provisions of this title. If the commissioner has reason to believe that any person has violated any provision of this title for which criminal prosecution would be in order, he shall give the information relative thereto to the Attorney General or the district attorney having jurisdiction of any such violation. The Attorney General shall promptly institute such action or proceeding against such person as the information may require or justify.
(Acts 1971, No. 407, p. 707, §30.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-20 - Examinations - Power Generally.

Section 27-2-20
Examinations - Power generally.
(a) If he has reason to believe that any such person has violated or is violating any provision of this title or upon complaint by any resident of this state indicating that any such violation may exist, the commissioner may examine the accounts, records, documents, and transactions pertaining to or affecting the insurance affairs of any:
(1) General agent, agent, broker, surplus line broker, solicitor, or adjuster;
(2) Person having a contract or power of attorney under which he enjoys in fact the exclusive or dominant right to manage or control an insurer; or
(3) Person engaged in or proposing to be engaged in or assisting in the promotion or formation of a domestic insurer, insurance holding corporation, or corporation to finance a domestic insurer or the production of its business.
(b) The commissioner may examine the insurance affairs and transactions of the attorney-in-fact of a reciprocal insurer in the same manner and on the same basis as examination of such an insurer.
(c) When he deems it necessary for determination of the value of such securities or compliance with any provision of this title, the commissioner may, in his discretion, examine the transactions and affairs of any corporation of which a domestic insurer owns shares of stock or other securities under which it has, or effectively participates in, the control of such corporation.
(Acts 1971, No. 407, p. 707, §36.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-21 - Examinations - Affairs, etc., of Insurers and Surplus Line Brokers.

Section 27-2-21
Examinations - Affairs, etc., of insurers and surplus line brokers.
(a) For the purpose of determining its financial condition, ability to fulfill its obligations and compliance with the law, the commissioner shall examine the affairs, transactions, accounts, records, and assets of each authorized insurer, and the records of surplus line brokers restricted to those matters under Section 27-10-29, including the attorney-in-fact of a reciprocal insurer insofar as insurer transactions are involved as often as the commissioner deems appropriate but shall, at a minimum, conduct an examination of every insurer licensed in this state not less frequently than once every five years. In scheduling and determining the nature, scope, and frequency of the examinations, the commissioner shall consider such matters as the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants, and other criteria as set forth in the Examiners' Handbook adopted by the National Association of Insurance Commissioners and in effect when the commissioner exercises discretion under this section.
(b) The commissioner shall in like manner examine each insurer applying for an initial certificate of authority to transact insurance in this state.
(c) In lieu of an examination under this article of any foreign or alien insurer licensed in this state or applying for an initial certificate of authority, the commissioner may accept an examination report on the company as prepared by the Department of Insurance for the company's state of domicile or port-of-entry state until January 1, 1994. Thereafter, the reports may only be accepted if: (1) the Department of Insurance was at the time of the examination accredited under the National Association of Insurance Commissioners' Financial Regulation Standards and Accreditation Program, or (2) the examination is performed under the supervision of an accredited Department of Insurance or with the participation of one or more examiners who are employed by an accredited State Department of Insurance and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by the accredited State Department of Insurance.
(d) As far as practical, the examination of a foreign or alien insurer shall be made in cooperation with the insurance supervisory officials of other states in which the insurer transacts business.
(Acts 1915, No. 730, p. 834; Acts 1939, No. 527, p. 818; Acts 1965, No. 571, p. 1056; Acts 1971, No. 407, p. 707, §35; Acts 1980, No. 80-774, p. 1608, §1; Acts 1993, No. 93-675, p. 1240, §2.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-22 - Examinations - Examiners.

Section 27-2-22
Examinations - Examiners.
(a) The commissioner may conduct any such examination in person or by examiners regularly employed and commissioned by him in writing for the purpose. No person shall be eligible for designation as an examiner to examine an insurer unless by reason of experience as an accountant, auditor, or examiner of financial institutions or other special experience, education, or training he is capable of adequately discharging the responsibilities of such an examiner.
(b) At any time, when examiners who are regular officers or employees of the department are not available for the purpose, the commissioner may specially appoint and employ a competent examiner, or examiners, for the purpose of making a particular examination. The special examiner shall be compensated and reimbursed for expenses in the same manner as provided for regular examiners under Section 27-2-25, but shall not have any status in the classified service of the state.
(Acts 1971, No. 407, p. 707, §37.)
2023 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 27-2-23
Examinations - 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.)
2023 Code of Alabama › Title 27 - Insurance. › Chapter 2 - Department and Commissioner of Insurance. › Article 1 - General Provisions. › Section 27-2-25 - Examinations - Expenses.

Section 27-2-25
Examinations - 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.)
2023 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 27-2-26
Witnesses 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.)