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22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Environmental Management
Commission or its designee, to compel obedience by contempt...
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26-14-8
Section 26-14-8 Statewide central registry. (a) For the purposes of this section, the following
words shall have the following meanings, respectively: (1) INDICATED. When credible evidence
and professional judgment substantiates that an alleged perpetrator is responsible for child
abuse or neglect. (2) NOT INDICATED. When credible evidence and professional judgment does
not substantiate that an alleged perpetrator is responsible for child abuse or neglect. (b)
The Department of Human Resources shall establish a statewide central registry for reports
of child abuse and neglect made pursuant to this chapter. The central registry shall contain,
but shall not be limited to: (1) All information in the written report; (2) Record of the
final disposition of the report, including services offered and services accepted; (3) The
names and identifying data, dates, and circumstances of any persons requesting or receiving
information from the registry; provided, however, that requests for...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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34-24-167
Section 34-24-167 Refusal, revocation, or suspension - Notice of hearing; procedure. (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. Delivery of the notice referred to in this subsection shall
constitute commencement of the contested case proceeding. (b) The notice shall include: (1)
A statement of the time, place, and nature of the hearing; (2) A statement of the legal authority
and jurisdiction under which the hearing is to be held; (3) A reference to the particular
sections of the statutes and rules involved; (4) A short and plain statement of the matters
asserted. If the State Board of Chiropractic Examiners is unable to state the matters in detail
at the time the notice is served, the initial notice may be limited to a statement of the
issues involved. Thereafter, upon application, a more definite and detailed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-167.htm - 3K - Match Info - Similar pages
5-2A-82
Section 5-2A-82 Appeals from acts of bureau or supervisor. Any person aggrieved by any order
or act of the bureau or the supervisor may, within 30 days from the entry of the order complained
of or within 60 days of the act complained of if there is no order, file a complaint or appeal
from the order or act against the supervisor in the Circuit Court of Montgomery County or
the circuit court of the county of the residence of the party aggrieved or the circuit court
of the county wherein the party aggrieved does business and file security with the court for
costs. Such complaint may pray for a reversal, rescission or modification of the order or
act complained of and for such other relief as may be appropriate. It shall allege the facts
relied upon as the basis for such relief. When the complaint has been filed, a summons shall
be issued forthwith and shall be served upon the supervisor personally or by registered or
certified mail addressed to his office in the State Banking Department....
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15-20A-25
Section 15-20A-25 Adult sex offender - Relief from employment restriction. (a) A sex offender
may petition at sentencing, or if after sentencing, a sex offender may file a petition in
the civil division of the circuit court in the county where the sex offender seeks to accept
or maintain employment for relief from the employment restrictions pursuant to subsection
(b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following
sex offenses shall not be entitled to relief under this section: (1) Rape in the first degree,
as provided by Section 13A-6-61. (2) Sodomy in the first degree, as provided by Section 13A-6-63.
(3) Sexual abuse in the first degree, as provided by Section 13A-6-66. (4) Sex abuse of a
child less than 12 years old, as provided by Section 13A-6-69.1. (5) Sexual torture, as provided
by Section 13A-6-65.1. (6) Any sex offense involving a child. (7) Any solicitation, attempt,
or conspiracy to commit any of the offenses listed in subdivisions (1)...
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34-22-8
Section 34-22-8 Disciplinary action; charges; hearing; judicial procedure; appeals; sanctions;
immunity of board, etc., from suit. (a) Any person, including a licensed optometrist may initiate
a charge of violation of the provisions of this chapter or a charge of misconduct by a licensed
optometrist by filing with the secretary of the board a written statement under oath of the
charge or charges against the accused. If a member of the board files a charge, the member
shall not participate in the hearing or disposition of the charge, except to the extent of
giving testimony in connection with the charge. The member filing the charge shall not be
present during the hearing or deliberation of the charge except to give testimony. A discreet
preliminary investigation into the charge or charges shall be made by the board, after which,
if the board is reasonably satisfied that the charge or charges are not frivolous, the board
shall hear the charge or charges under rules of procedure to be...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
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30-2-57
Section 30-2-57 Rehabilitative or periodic alimony. (a) Upon granting a divorce or legal separation,
the court shall award either rehabilitative or periodic alimony as provided in subsection
(b), if the court expressly finds all of the following: (1) A party lacks a separate estate
or his or her separate estate is insufficient to enable the party to acquire the ability to
preserve, to the extent possible, the economic status quo of the parties as it existed during
the marriage. (2) The other party has the ability to supply those means without undue economic
hardship. (3) The circumstances of the case make it equitable. (b) If a party has met the
requirements of subsection (a), the court shall award alimony in the following priority: (1)
Unless the court expressly finds that rehabilitative alimony is not feasible, the court shall
award rehabilitative alimony to the party for a limited duration, not to exceed five years,
absent extraordinary circumstances, of an amount to enable the...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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