34-17A-17
Section 34-17A-17 Judicial review. (a) A person who has exhausted all administrative remedies available within the board and who is aggrieved by a final decision of the board is entitled to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately reviewable only if review of the final board action would not provide an adequate remedy. (b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery County within 30 days after service of the final decision of the board. Copies of the petition for review shall be served upon the board and the parties of record. (c) The filing of the petition does not stay enforcement of the decision of the board. The board may grant, or the reviewing court may order, a stay upon appropriate terms. (d) The review shall be conducted by the court without a jury and shall be confined to the record. (e) The court shall not substitute its judgment for that of the board as to the weight...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-17A-17.htm - 2K - Match Info - Similar pages
45-31-120.18
Section 45-31-120.18 Appeal to the court. Decisions of the board may be enforced by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority, or the Geneva County Commission, within 21 days after the decision of the board is rendered, may appeal to the court from any decision of the board affirming, imposing, or refusing to affirm or impose dismissal or demotion as disciplinary action by filing notice of such appeal with the court and causing a copy of such notice to be served on the appointing authority and any member of the board. Upon the filing of such notice, the board shall file with the court a certified record of the proceeding had before it with respect to the appeal, and its decision in the matter. The appeal shall be heard at the earliest possible date by the court sitting without a jury on the issues made before the board and the trial in the court shall be de novo. No bond shall be required for such an appeal and the cost of such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-120.18.htm - 1K - Match Info - Similar pages
45-2-261.11
Section 45-2-261.11 Appeals to the board of adjustment. Appeals to the planning district board of adjustment may be taken by any person aggrieved or by any officer or department of Baldwin County affected by any decision of any administrative officer representing the county in an official capacity in the enforcement of this subpart or of any ordinance or regulation adopted pursuant to this subpart. Notwithstanding any provision herein, a board of adjustment shall have no jurisdiction to review any decision already determined by the Baldwin County Commission. The appeal shall be taken within 30 days of the decision by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit forthwith to the board of adjustment all papers constituting the record upon which the action was taken. An appeal stays all proceedings in furtherance of the action appealed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-261.11.htm - 2K - Match Info - Similar pages
45-30A-50.18
Section 45-30A-50.18 Appeal to the court. Decisions of the board may be enforced in the court by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority, or the city may, within 10 days after the decision of the board is rendered, appeal to the court from any decisions of the board affirming, imposing, or refusing to affirm or impose dismissal or demotion as disciplinary action by filing notice of such appeal with the court and causing a copy of such notice to be served on the appointing authority and any member of the board. Upon the filing of such notice, the board shall file with the court a certified transcript of the proceeding had before it with respect to the appeal, and its decision in the matter. The appeal shall be heard at the earliest possible date by the court sitting without a jury on the issues made before the board and the trial in the court shall be de novo. No bond shall be required for such an appeal and the cost of such appeal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-30A-50.18.htm - 1K - Match Info - Similar pages
45-49-261.08
Section 45-49-261.08 Appeals to board of adjustment. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer or department of Mobile County affected by any decision of any administrative officer representing the county in an official capacity in the enforcement of this part or of any ordinance or regulation adopted pursuant to this part. Notwithstanding any provision herein, the board of adjustment shall have no jurisdiction to review any decision already determined by the Mobile County Commission. The appeal shall be taken within 30 days of the decision by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit forthwith to the board of adjustment all papers constituting the record upon which the action was taken. An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-261.08.htm - 2K - Match Info - Similar pages
34-15C-12
Section 34-15C-12 Disciplinary action. (a) Any time that the board has reason to believe that a registered interior designer is subject to discipline, notice of the charges placed against the registered interior designer and the time and place of the hearing of such charges by the board shall be served on the accused, pursuant to the Alabama Rules of Civil Procedure, not less than 45 days before the date fixed for the hearing. The notice shall inform the registered interior designer that he or she is entitled to respond to the charges within 30 days, be represented by counsel of his or her choosing at the hearing, have witnesses testify in his or her behalf at the hearing, confront and cross-examine witnesses at the hearing, and testify in his or her behalf at the hearing. The board may provide further for any procedure not herein enumerated that is consistent with the Alabama Administrative Procedure Act. (b) In all cases of disciplinary action taken by the board, the accused may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-15C-12.htm - 2K - Match Info - Similar pages
12-20-50
Section 12-20-50 Establishment or restoration of lost, etc., records of state, county, or municipality. The circuit courts of this state shall have jurisdiction of an action by the state, a county or municipality or any citizen who will give security for the costs of the proceeding to establish or restore any lost, mislaid, destroyed or mutilated records of the state, county or municipality, or of any department, agency or instrumentality thereof. Such courts shall have jurisdiction and power to prescribe all necessary rules, regulations and proceedings proper or necessary to establish or restore lost, mislaid, destroyed or mutilated records and, when so established or restored, to declare them to be the proper and legal records as the original which was so lost, mislaid, destroyed or mutilated. The proceedings shall be ex parte, and any citizen of the state who will give security for the costs of the appeal may appeal from the order, judgment or decision of the circuit court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-20-50.htm - 2K - Match Info - Similar pages
9-17-108
Section 9-17-108 Directive order of discontinuance; appeal; injunction; hearings by board; imposition of penalties. (a) Due to the inherent nature of liquefied petroleum gas which could cause a danger to the public or to a liquefied petroleum gas user, the board or the board administrator shall have the administrative authority to issue a written directive order requiring any person who violates any of the provisions of this article as amended from time to time or any rule or regulation promulgated by the board to discontinue the operation of any LP-gas business or LP-gas system immediately and prohibit such person from commencing operations until said violations have been corrected. When a written directive is issued by the board or the board administrator, it shall be immediately complied with by the recipient. When a directive order has been issued against a person, the recipient may, within five days, appeal to the circuit court of the county in which the said violations occurred....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-108.htm - 3K - Match Info - Similar pages
11-42-5
Section 11-42-5 Validation of certain prior annexations. Every annexation undertaken prior to May 4, 2011, under any statutory procedure for annexation by any municipality and which the annexation procedure has been completed, notwithstanding any irregularity or defect in the procedure, is ratified and confirmed and given effect in all respects as if all provisions of law relating to the annexation proceeding had been duly and legally complied with. This section shall not apply to any annexation or attempted annexation which, prior to May 4, 2011, has been held invalid by the Supreme Court of Alabama or by the Court of Civil Appeals of Alabama or by a final judgment of the circuit court in the county in which the annexation was completed and from which judgment an appeal was not taken to the Supreme Court of Alabama or the Court of Civil Appeals of Alabama within the time provided by law for taking appeals, or to any annexation the validity of which is an issue in a pending action...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-42-5.htm - 1K - Match Info - Similar pages
11-19-19
Section 11-19-19 County board of adjustment. In availing itself of the powers conferred by this chapter, the county commission shall provide for the appointment of a board of adjustment and may provide that the said board of adjustment shall, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the zoning ordinance or regulations in harmony with its general purposes and interests and in accordance with general or specific rules adopted pursuant to this chapter. The board of adjustment shall consist of five members who shall be appointed from among the residents of the county by the county commission to serve for a term of three years; provided, that in establishing the board of adjustment, the county commission may designate the terms of the members first appointed on such basis that the term of one member will expire each year thereafter. Such members shall be removable for cause by the county commission upon written...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-19-19.htm - 5K - Match Info - Similar pages
|