Code of Ala. § 8-19A-11
§ 8-19A-11. Denial of license
(a)
The division may deny licensure to any applicant who:
(1)
Has been convicted of racketeering or any offense involving fraud, theft, embezzlement, fraudulent
conversion, or misappropriation of property, or any other crime involving moral turpitude. Conviction includes
a finding of guilt where adjudication has been withheld.
(2)
Has had entered against him or her or any business for which he or she has worked or been affiliated,
an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or
order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action
involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property or
the use of any untrue or misleading representation in an attempt to sell or dispose of real or personal
property or the use of any unfair, unlawful, or deceptive trade practice.
(3)
Is subject to or has worked or been affiliated with any company which is, or ever has been, subject to
any injunction, temporary restraining order, or final judgment or order, including a stipulated judgment or
order, an assurance of voluntary compliance, or any similar document, or any restrictive court order relating
to a business activity as the result of any action brought by a governmental agency, including any action
affecting any license to do business or practice an occupation or trade.
(4)
Has at any time during the previous seven years filed for bankruptcy, been adjudged bankrupt, or been
reorganized because of insolvency.
(5)
Has been a principal, director, officer, or trustee of, or a general or limited partner in, or had
responsibilities as a manager in, any corporation, partnership, joint venture, or other entity that filed the
bankruptcy, was adjudged bankrupt, or was reorganized because of insolvency within one year after the person
held that position.
(6)
Has been previously convicted of or found to have been acting as a salesperson or commercial telephone
seller without a license or whose licensure has previously been refused, revoked, or suspended in any
jurisdiction.
(7)
Falsifies or willfully omits any material information asked for in the application.
(8)
Otherwise violates this chapter.
(b)
An applicant may appeal the denial or nonrenewal of a license by requesting in writing, within 30 days of
receipt of the notice of denial or nonrenewal, a hearing. The hearing shall be conducted in accordance with
Chapter 22, Title 41, and presided over by a hearing officer designated by the division. When any hearing
officer conducts a hearing with respect to the issuance of a license by the division, the hearing officer
shall submit his or her recommended order to the division, which shall issue a final order of the division in
accordance with Chapter 22, Title 41.
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