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45-35A-51.32
Section 45-35A-51.32 Court proceedings. Orders of the personnel board may be enforced
by mandamus, injunction, quo warranto, or other appropriate proceedings, in any court of competent
jurisdiction. Any person or city official directly interested, within five days, may appeal
to the Circuit Court of Houston County from any order of the board by filing notice thereof
with the board, whereupon the board shall certify to a transcript of the proceedings before
it and file the same in the court. The findings of fact by the board, duly set forth in the
transcript, if supported by substantial evidence adduced before the board, after notice to
the interested party or parties and after affording such parties an opportunity to be heard,
shall be conclusive on any appeal. The issues on such appeal shall be made up under the directions
of the court and within 30 days after such transcript is filed in court; and the trial thereof
shall proceed on the evidence contained in such transcript, if it...
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45-49-120.33
Section 45-49-120.33 Court proceedings. Orders of the personnel director and personnel
board may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings
in a court of competent jurisdiction. Any person directly interested, within 14 days, may
appeal to the Circuit Court of Mobile County from any order of the board, by filing notice
thereof with the board, whereupon the board shall certify to a transcript of the proceedings
before it and file the same in court. Only findings of fact of the board contained in the
transcript, if supported by substantial evidence adduced before the board or before its personnel
director after hearing and upon notice to the interested party or parties, and after affording
the parties an opportunity to be heard, shall be conclusive on appeal. The issues on appeal
shall be made up under the direction of the court within 30 days after the transcript is filed
therein, and the trial shall proceed on the evidence contained in the...
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16-13-190
Section 16-13-190 Validation of elections. Each election heretofore held in any school
district or in any municipality or in any county at large, in this state on the question of
the levy of a special tax for any school or educational purpose, or for school or educational
purposes generally, under the Constitution of Alabama or any amendment thereto, or upon the
question of the consolidation of two or more school districts and the levy of such a tax in
the consolidated school district resulting from such consolidation, at which election a majority
of the ballots cast were in favor of the levy of the tax, or in favor of the proposed consolidation
and the levy of the tax in the consolidated district, as the case may be, and which election
was irregular because of failure prior to the holding of the election to give notice thereof
in a newspaper or by posting in the manner or for the time required by the statute under which
the election was held, or because the period of time for which...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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45-17A-50.10
Section 45-17A-50.10 Finality of disciplinary action; record of hearing and determination;
procedures of hearings; review. (a) No disciplinary action taken against a regular status
employee, except a head of a department, that involves suspension without pay, demotion, dismissal,
or any other action as defined by the implementing rules and regulations shall become final
until the board holds a hearing on the action, if the employee appeals the action in writing
to the board within 10 calendar days of receipt of written notification of the action to be
taken by the mayor. Within 30 calendar days after receipt of the written appeal of the employee,
the board shall schedule and hold a public hearing on the appeal and render a decision. (b)
All hearings before the board shall be recorded and transcribed. In all cases, the decision
of the board shall be reduced to writing and entered in the record of the case. The board
may in its decision uphold the action by the mayor, modify the action,...
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45-8-21.01
Section 45-8-21.01 Issuance of license; review. (a) All other provisions of law, rules,
or regulations to the contrary notwithstanding, the Alabama Alcoholic Beverage Control Board
shall absolutely have no authority to issue any form of on-premise license in any municipality
in Calhoun County, Alabama, for the retail sale of any form of intoxicating beverages, including,
but not limited to, beer and other forms of malt beverages, wine, liquor, or other alcoholic
beverages regulated by the board, unless the application therefor has first been approved
by the governing body of the county or the municipality within whose corporate limits the
site of the license is to be situated. The county or the municipality shall adopt and promulgate
rules and regulations for the administration and processing of applications for such licenses.
(b) The Alabama Alcoholic Beverage Control Board may issue such license only if the denial
of approval by the governing body of the county or the municipality...
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6-5-144
Section 6-5-144 Bond for preliminary injunction or temporary restraining order prior
to hearing. No preliminary injunction or temporary restraining order shall be issued before
hearing in any action commenced by a citizen or citizens under the provisions of this division
unless such citizen or citizens have made bond in such sum as may be fixed by the judge to
whom the application for such injunction or restraining order is made, such bond to be approved
by the register or clerk of the circuit court of the county in which the proceeding is filed
and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure. (Acts
1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)...
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9-17-18
Section 9-17-18 Injunctions - Appeals. In any civil action where the board, in the name
of the state, seeks enforcement of this article or of any rule, regulation or order issued
under this article, as provided in Section 9-17-17 or in any civil action where an
interested party seeks to test the validity of or enjoin the enforcement of this article or
any rule, regulation or order issued under this article as provided in Section 9-17-16,
either party shall have the right of an immediate appeal to the Supreme Court from any judgment
or order therein granting or refusing an injunction, whether temporary restraining order,
preliminary injunction or permanent injunction, or other character of injunctive relief, or
from any order granting or overruling a motion to dissolve such injunction. The manner of
presenting any appeal as provided for in this section shall be governed by the provisions
of the rules and laws of the State of Alabama regulating appeals in injunction proceedings.
(Acts...
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12-16-76
Section 12-16-76 Insufficient number of qualified jurors to form juries. Whenever there
are not enough qualified jurors in attendance upon the court to form the juries required,
the judge of the court shall cause to be provided from the master jury list names of as many
prospective jurors as the judge deems necessary to complete the empaneling of all juries then
required. The court shall forthwith cause to be summoned all prospective jurors thus drawn
to attend court when required, and they may be summoned by personal service or by telephone.
The court shall then proceed to empanel or complete the empaneling of the juries as provided
in this article. If, prior to commencement of striking, due to challenges for cause or for
any other reason, the number of names on the lists from which the parties are to strike is
reduced below the minimums established in Rule 18.4, Alabama Rules of Criminal Procedure,
in criminal cases or Rule 47, Alabama Rules of Civil Procedure, in civil cases, unless...
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12-19-271
Section 12-19-271 Definitions. The following words and phrases as used in this article,
have the meaning ascribed to them in this section, unless the context clearly requires
otherwise: (1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase "without substantial justification",
when used with reference to any action, claim, defense or appeal, including without limitation
any motion, means that such action, claim, defense or appeal (including any motion) is frivolous,
groundless in fact or in law, or vexatious, or interposed for any improper purpose, including
without limitation, to cause unnecessary delay or needless increase in the cost of litigation,
as determined by the court. (2) PERSON. Any individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other entity, including any governmental
entity or unincorporated association of persons. (3) ACTION. Any suit, counterclaim, crossclaim
or third party claim filed at law or in equity, including any...
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