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12-15-318
Section 12-15-318 Service of process. (a) Except as otherwise provided by the Alabama Rules
of Juvenile Procedure and this section, service of process of termination of parental rights
actions shall be made in accordance with the Alabama Rules of Civil Procedure. (b) If service
of process has not been completed within 45 days of the filing of the termination of parental
rights petition, the petitioner shall request service by publication. (c) Service of process
by publication may not be ordered by the juvenile court unless at least one of the following
conditions is met: (1) The child who is the subject of the proceedings was abandoned in the
state, or (2) The state or private department or agency having custody of the child has established,
by evidence presented to the juvenile court, that the absent parent or parents are avoiding
service of process or their whereabouts are unknown and cannot be ascertained with reasonable
diligence. (d) Service shall be made by publication in a...
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27-7-38
Section 27-7-38 Privileged information. (a) Any communications, complaint, evidence, testimony,
document, deposition, affidavit, statement, or other proof filed, given, or proffered at the
hearing provided for in Section 27-7-37 shall be absolutely privileged to the same extent
as in a court of law and shall never form the subject matter of any action, claim, or proceeding
against the person filing, giving, or proffering the same nor against the principal or representative
of such person. (b) Reports of investigation, copies thereof, and information furnished the
commissioner by any insurer, agent, solicitor, broker, managing general agent, or service
representative and any other person shall be absolutely privileged communications, and no
such report, copy, information or document, affidavit, statement, deposition, or testimony
so furnished to the commissioner shall ever form the subject matter of any action, claim,
or proceeding against any such person. (Acts 1957, No. 530, p. 726,...
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10A-1-7.05
Section 10A-1-7.05 Effect of registration. (a) The application for registration of a foreign
entity and the statement of foreign limited liability partnership takes effect in accordance
with Article 4 of this chapter. The registration of a foreign entity remains in effect until
the registration terminates, is withdrawn, or is revoked. (b) Except in a proceeding to revoke
the registration of a foreign entity or as otherwise provided by the law of Alabama, the Secretary
of State's issuance of an acknowledgment that the foreign entity has filed an application
for registration or a statement of foreign limited liability partnership, as applicable, is
conclusive evidence of the authority of the foreign entity to transact business in this state
under the foreign entity's name or under another name stated in the application for registration
in accordance with Section 10A-1-7.04(b)(1) or stated in the statement of foreign limited
liability partnership in accordance with Section...
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10A-5-6.06
Section 10A-5-6.06 Cessation of membership. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144
EFFECTIVE JANUARY 1, 2017. (a) A person ceases to be a member of a limited liability company
upon the occurrence of one or more of the following events: (1) The member ceases to be a
member by voluntary act as provided in subsection (d). (2) The member ceases to be a member
of the limited liability company as provided in Section 10A-5-6.03. (3) The member is removed
as a member in either of the following manners: a. In accordance with the operating agreement.
b. Subject to contrary provisions in the operating agreement, when the member assigns all
of the member's interest in the limited liability company, by an affirmative vote of a majority
in number of the members who have not assigned their interests. (b) Subject to contrary provisions
in the operating agreement, or written consent of all members at the time, a person ceases
to be a member upon the occurrence of one or more of the...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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13A-10-100
Section 13A-10-100 Definitions. (a) The definitions in Sections 13A-10-1 and 13A-10-60 are
applicable in this article unless the context otherwise requires. (b) The following definitions
are also applicable in this article: (1) SWEARS FALSELY and FALSE SWEARING. The making of
a false statement under oath required or authorized by law, or the swearing or affirming the
truth of such statement previously made, which the declarant does not believe to be true.
A false swearing in a subscribed written instrument shall not be deemed complete until the
instrument is delivered by its subscriber, or by someone acting in his behalf, to another
person with intent that it be uttered or published as true. (2) MATERIAL. A statement is "material,"
regardless of the admissibility of the statement under the rules of evidence, if it could
have affected the course or outcome of the official proceeding. It is no defense that the
declarant mistakenly believed the falsification to be immaterial. Whether a...
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28-4-272
Section 28-4-272 Forfeiture and condemnation proceedings generally - Persons not to be excused
from attending and testifying or producing books, papers, etc., at hearing or trial; immunity
from prosecution as to transactions, etc., as to which testimony or documents produced. No
person, except one who answers claiming some right, title or interest in the liquors so seized,
shall be excused from attending and testifying or producing any books, papers or other documents
before any court or judge upon any such hearing or trial upon the ground or for the reason
that the testimony or evidence, documentary or otherwise, required of him may tend to convict
him of a crime or to subject him to a penalty or forfeiture, but no person shall be prosecuted
or subjected to any penalty or forfeiture for or on account of any transaction, matter or
thing concerning which he may so testify or produce evidence, documentary or otherwise, and
no testimony so given or produced shall be received against him...
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31-2-30
Section 31-2-30 Sale, exchange, etc., of military property; seizure, etc., of illegally acquired
military property. The clothes, arms, accoutrements, and military property of every character
furnished by or through the state to any member of the armed forces of the state shall not
be sold, bartered, loaned, exchanged, pledged, or given away, and no person not a member of
the armed forces of the state or the United States or a duly authorized agent of this state
or the United States, who has possession of such clothes, arms, accoutrements, and military
equipment so furnished and which have been the subject of any such unlawful disposition shall
have any right, title, or interest thereof, but the same shall be seized and taken wherever
found by any military officer of the state, and shall thereupon be delivered to any commanding
officer or other officer authorized to receive the same, who shall make an immediate report
to the Adjutant General. The possession of any such clothes, arms,...
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41-22-12
Section 41-22-12 Notice and opportunity for hearing in contested cases; contents of notice;
power of presiding officer to issue subpoenas, discovery and protective orders; procedure
upon failure of notified party to appear; presentation of evidence and argument; right to
counsel; disposition by stipulation, settlement, etc.; contents of record; public attendance
at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested case,
all parties shall be afforded an opportunity for hearing after reasonable notice in writing
delivered either by personal service as in civil actions or by certified mail, return receipt
requested. However, an agency may provide by rule for the delivery of such notice by other
means, including, where permitted by existing statute, delivery by first class mail, postage
prepaid, to be effective upon the deposit of the notice in the mail. Delivery of the notice
referred to in this subsection shall constitute commencement of the contested...
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11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days after
receipt of written charges or a written appeal of an employee from a decision after predisciplinary
hearing, the board shall schedule and hold a public hearing in regard thereto and render a
decision. The board shall provide notice of the hearing to the mayor, the employee's department
head, and the city attorney. At the hearing, the employee shall be entitled to be represented
by an attorney of his or her choosing and expense. (b) If the regular status employee appeals,
no disciplinary action taken against the employee shall become final until the board holds
a hearing on the action. Provided however, suspensions with or without pay in regard to seeking
an employee's termination shall remain in effect until a final ruling by the board unless
otherwise ordered by the board. (c) All hearings before the board shall be recorded and transcribed.
In all cases, the decision of the board shall be...
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