Code of Alabama - Title 27: Insurance - Chapter 2 - Department and Commissioner of Insurance

• Article 1 General Provisions.
• 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...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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)...
• 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
• 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...
• 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...
• 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,...
• 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.
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• Section 27-2-24 Examinations - Report; confidentiality of information
  (a) The commissioner, or his or her examiner, shall make a full and true written report of each examination. The examination report shall contain only...
• 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...
• 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...
• Section 27-2-27 Witnesses 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...
• Section 27-2-28 Hearings - 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...
• Section 27-2-29 Hearings - 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...
• Section 27-2-30 Hearings - 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...
• Section 27-2-31 Hearings - 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...
• Section 27-2-32 Hearings - Appeals
  (a) An appeal from the commissioner shall be taken only from an order on hearing, or as to a matter on which the commissioner has...
• Section 27-2-33 Order 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)...
• Section 27-2-34 Order 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...
• Section 27-2-35 Order 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...
• Section 27-2-36 Order 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...
• Section 27-2-37 Order 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...
• Section 27-2-38 Order 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...
• Section 27-2-39 Creation 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...
• Article 2 Receivership Division.
• Section 27-2-50 Established; 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...
• Section 27-2-51 Bond 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...
• Section 27-2-52 Offices, equipment, and personnel; operating expenses
  The Commissioner of Insurance shall furnish offices, equipment, operating expenses, and necessary personnel to maintain and operate the Receivership Division. The operating expenses of said...
• Section 27-2-53 Appointment of chief as receiver - Generally
  Upon the Commissioner of Insurance bringing delinquency proceedings against any insurer pursuant to this title, or other insurance laws of the state, the proper circuit...
• Section 27-2-54 Appointment of chief as receiver - Existing receiverships
  The Commissioner of Insurance, as receiver in any existing receivership, may petition the proper receivership court to name as receiver thereof the Chief of the...
• Section 27-2-55 Assumption by receiver of certain former powers, duties, etc., of commissioner
  All duties, rights, power, authority and responsibility placed upon the Commissioner of Insurance by Sections 27-32-15 through 27-32-36, or by future law, as receiver of...

Last modified: May 3, 2021