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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effect until the registration terminates, is withdrawn, or is revoked.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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