Code of Alabama

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11-52-80
Section 11-52-80 Board of adjustment - Creation; composition; qualifications, appointment,
terms of office and removal of members; vacancies; adoption of rules of procedure; meetings;
record of proceedings; procedure for appeals to board from decisions of administrative officials;
powers of board as to appeals. (a) In availing itself of the powers conferred by this article,
the legislative body of any incorporated city or town may provide for the appointment of a
board of adjustment and, in the regulations and restrictions adopted pursuant to the authority
of this article, 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 ordinance in harmony with its general purposes and interests and in accordance with
general or specific rules therein contained. The board of adjustment shall consist of five
members, each to be appointed for a term of three years, except that in the...
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45-29-81
Section 45-29-81 Public defender fund. (a) There is established in the Twenty-fourth Judicial
Circuit a public defender fund for the payment of salaries and operating expenses of the indigent
defense system within the Twenty-fourth Judicial Circuit to be administered in accordance
with Article 1, commencing with Section 15-12-1, of Title 15. Upon May 4, 1982, the governing
body of each county composing the circuit may establish a public defender fund to be administered
by the clerk of the county commission of that respective county to receive and disburse funds
paid therein in accordance with this section. (b) In order to provide funds for the indigent
defense system within the Twenty-fourth Judicial Circuit, the following docket fees shall
be collected by the circuit court clerk in each county in addition to the docket fees that
are presently provided by law and when collected by the clerk of the court shall be paid into
the public defender fund. The additional docket fees shall be...
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45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
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45-47-231.32
Section 45-47-231.32 Removal, discharge, or demotion of merit employees. (a)(1) The governing
body of the county or a municipality, or the head of any department or office, can remove,
discharge, or demote any merit employee who is directly under such governing body, or department
head, provided that within five days a report in writing of such action is made to the board,
giving the reason for such removal, discharge, or demotion. The employee shall have 10 days
from the time of his or her notification of his or her removal, discharge, or demotion in
which to appeal to the board. If such appeal is filed, the board shall thereupon order the
charges or complaint to be filed forthwith in writing, if not already filed, and shall hold
a hearing de novo on such charges. No merit employee shall be removed, discharged, or demoted
except for some personal misconduct, or fact, rendering his or her further tenure harmful
to the public interest, or for some cause affecting or concerning his or...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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37-2A-5
Section 37-2A-5 Process for election. (a) An incumbent local exchange carrier, local exchange
carrier, or inter-exchange carrier shall be deemed to have elected to be regulated under this
chapter unless the carrier files written notice with the commission declining regulation under
this chapter not later than August 31, 2005; provided, however, that, any other provision
of this chapter to the contrary notwithstanding, so long as (i) application of any of the
requirements of 47 U.S.C. 251 (b) or (c) shall have been suspended or modified with respect
to an incumbent local exchange carrier pursuant to the provisions of 47 U.S.C. 251 (f) (2),
or (ii) an incumbent local exchange carrier shall be exempt from the obligations of 47 U.S.C.
251 (c) pursuant to the provisions of 47 U.S.C. 251 (f) (1) (A), such incumbent local exchange
carrier shall not be eligible to elect and shall not be deemed to have elected to be regulated
under this chapter unless the incumbent local exchange carrier files...
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45-9-91.20
Section 45-9-91.20 Establishment and designation; services; regulation of industrial parks.
(a) Subject to the written approval of the owners of 100 percent in interest based on assessed
value for ad valorem tax purposes of each 10 acres, or the part thereof to be included in
the proposed industrial park, the County Commission of Chambers County in the State of Alabama
may establish industrial parks composed of territory wholly within the county boundaries and
without the boundaries of any municipality. Any person, firm, or corporation who desires to
obtain a designation of an area as an industrial park shall file a petition with the county
commission of the county wherein the property is located requesting that the county commission
designate the area proposed as an industrial park, and include with such petition the consent
of the land owners as above required. The consent of each consenting owner shall be acknowledged
before a notary public or other person authorized to take...
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34-1-14
Section 34-1-14 Hearings; judicial review. (a) Commencement of proceeding. The board may initiate
proceedings under this chapter either on its own motion or on the complaint of any person.
(b) Notice; service and contents. A written notice stating the nature of the charge or charges
against the accused and the time and place of the hearing before the board on such charges
shall be served on the accused not less than 30 days prior to the date of said hearing either
personally or by mailing a copy thereof by registered or certified mail to the address of
the accused last known to the board. (c) Failure to appear. If, after having been served with
the notice of hearing as provided for herein, the accused fails to appear at said hearing
and defend, the board may proceed to hear evidence against him or her and may enter such order
as shall be justified by the evidence, which order shall be final unless he or she petitions
for a review thereof as provided herein; provided, that within 30...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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16-27A-6
Section 16-27A-6 Transfer of responsibility for payment of fine. (a) The owner shall not be
responsible for payment of the civil fine resulting from a notice of violation if each of
the following conditions apply: (1) The vehicle was operated at the time of the violation
by a person who was not the owner or an agent or employee of the owner. (2) The owner signs
and timely transmits to the governing body on the form provided with the notice of violation
and in accordance with the procedure set out on the notice of violation a statement that he
or she was not operating the vehicle at the time of the violation, and that the person who
was operating the vehicle was not the agent or employee of the owner. (3) The owner timely
transmits to the governing body on the form provided with the notice of violation and in accordance
with the procedure set out on the notice of violation the name and mailing address of the
person who was operating the vehicle. (4) The civil fine is paid by any person,...
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