45-41-260.14
Section 45-41-260.14 Appeals. Any party aggrieved by any final judgment or decision of the
commission, within 15 days, may request a review of the record by a five member review board
appointed by the Lee County Commission, one member being the county planning director, one
member being the county public works director, two members who are experts in related fields
of planning, and one public member. This review board may require that the planning commission
reconsider its earlier decision. If such reconsideration is ordered, the planning commission
may reconsider the previous record and any additional material which the planning commission
considers relevant. If upon reconsideration by the planning commission, any party remains
aggrieved by any final judgment of the planning commission, any party, within 30 days thereafter,
may appeal therefrom to circuit court as provided below. If no review by the five member review
board is requested by any party aggrieved by any final judgment or...
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45-49-101.08
Section 45-49-101.08 Appeals. A person who contests a notice of violation and is adjudicated
by the court to be responsible for the civil fine may appeal the adjudication for a trial
de nova to the Circuit Court of Mobile County, in which the district or municipal court is
located, using the procedures that apply to criminal convictions with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) The person appealing, as a condition precedent
to appeal, shall pay the civil fine in full, and failure to do so shall divest the Circuit
Court of Mobile County. If, on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality located in Mobile County, or the
Alabama State Law Enforcement Agency, shall refund the same without interest within 15 days
of receipt of notice of the disposition from the circuit court. If...
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11-52-80.1
Section 11-52-80.1 Board of Adjustment - Definitions; membership; reversing, affirming or modifying
decisions, etc.; terms of planning commission members terminated; duties, powers, etc. (a)
When used in this section, the words municipality, municipalities, and mayor shall have the
meanings as provided for in Section 11-52-1. (b) The council of any Class 5 municipality with
a city manager or mayor commission form of government may determine by ordinance that any
board of adjustment of the municipality created pursuant to Section 11-52-80, shall consist
of seven members: six regular members appointed by the council and representing as equally
as possible the several districts, wards, or other areas of the municipality, to be determined
by the council, and one regular member appointed by the mayor. (c) In exercising the powers
in subsection (d) of Section 11-52-80, the board may reverse, affirm, or may modify the order,
requirement, decision, or determination appealed from and may enter...
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34-5-8
Section 34-5-8 Authority of Board of Barber Examiners; refusal to issue or renew license or
certificate; appeals. The board shall have the power to refuse, revoke, and suspend licenses
and certificates strictly in accordance with the provisions of this chapter, upon proof of
violation of any sections of this chapter. The members of the board shall have the power to
administer oaths and shall have the power to require the attendance of witnesses and the production
of books, records, and papers as it may desire at any hearing on any matter which the board
has the authority to investigate, and for that purpose may require the secretary of the board
to issue a subpoena duces tecum to compel the production of any books, records, or papers,
directed to the sheriff of the county where such witness resides or may be found, which subpoenas
and subpoenas duces tecum shall be served and returned in the same manner as a subpoena in
a criminal case is served and returned. The fees and mileage of...
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37-1-124
Section 37-1-124 Proceedings on appeal. The commission's order shall be taken as prima facie
just and reasonable. No new or additional evidence may be introduced in the circuit court,
except as to fraud or misconduct of some person engaged in the administration of this title
and affecting the order, ruling or award appealed from, but the court shall otherwise hear
the case upon the certified record and shall set aside the order if the court finds that:
(1) The commission erred to the prejudice of appellant's substantial rights in its application
of the law; or (2) The order, decision or award was procured by fraud or was based upon a
finding of facts contrary to the substantial weight of the evidence. However, the court may,
instead of setting aside the order, remand the case to the commission for further proceedings
in conformity with the direction of the court. The court may, in advance of judgment and upon
a sufficient showing, remand the case to the commission for the purpose of...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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4-6-11
Section 4-6-11 Appeals from action of administrative agency or governing body. (a) Any person
aggrieved by any decision of an administrative agency made in its administration of airport
zoning regulations adopted under this chapter or any governing body of a political subdivision
which is of the opinion that a decision of such an administrative agency is an improper application
of airport zoning regulations of concern to such governing body or board may appeal to the
circuit court of the county where such airport is located. (b) All appeals taken under this
section must be taken within 10 days by filing with the agency from which the appeal is taken
a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken
shall forthwith transmit to the court all the papers constituting the record upon which the
action appealed from was taken. (c) An appeal shall stay all proceedings in furtherance of
the action appealed from, unless the agency from which the appeal...
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45-11-231.10
Section 45-11-231.10 Removal, discharge, or demotion of merit employees; proceedings before
board; appeal. (a) The sheriff may remove, discharge, or demote any merit employee who is
directly under the sheriff, provided that within five days a report in writing of the action
is made to the board, giving the reason for the removal, discharge, or demotion. The employee
shall have 10 days within which to appeal to the board from the time of his or her notification
of removal, discharge, or demotion. If an 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 the 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 her fitness or ability.
If the employee's removal, discharge, or demotion is appealed to the...
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45-18-120.11
Section 45-18-120.11 Removal, discharge, or demotion of merit employee; proceedings before
board; appeal. (a) The govening body of the county, any member of the govening body, or the
head of any department or office can remove, discharge, or demote any merit employee who is
directly under such governing body, member thereof, or department head, provided that within
five days a report in writing of such action is made to the merit system board, giving the
reason for such removal, discharge, or demotion. The employee shall have 10 days from the
time of notification of discharge, removal, or demotion in which to appeal to the merit system
board. If such appeal is filed, the merit system board shall order the charges or complaint
to be filed 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...
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45-29-120.13
Section 45-29-120.13 Removal, discharge, or demotion of merit employee; hearing; appeals. (a)(1)
The governing body of the county, or the head of any department or office, may 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 her...
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