36-11-11
Section 36-11-11 Proceedings in Supreme Court - Powers of examiners as to witnesses. The examiner
or examiners so appointed shall have power to issue subpoenas for witnesses, which shall be
served by the sheriff of the proper county or by any special constable appointed by such examiner
or examiners, to compel the attendance of witnesses by attachment, to punish for contempt
by fine or imprisonment in the county jail and to administer oaths to witnesses, and the oaths
administered by such examiners shall, in all respects, be deemed and held to be lawful oaths.
(Code 1876, §4053; Code 1886, §4825; Code 1896, §4871; Code 1907, §7106; Code 1923, §4504;
Code 1940, T. 41, §185.)...
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45-2-120.09
Section 45-2-120.09 Appeals from disciplinary actions. (a) A classified employee shall have
the right to appeal any disciplinary action taken against him or her. An employee on probationary
status shall not have that right unless the employee had permanent status in some other position
at the time of appointment to the probationary position. An employee desiring to appeal any
disciplinary action directed against him or her shall first exhaust any administrative remedy
as provided by policy of the commission. Upon exhausting any administrative remedy, the employee
shall then file his or her appeal in writing with the personnel director within seven calendar
days of the last final administrative action on the disciplinary action, and shall request
a hearing before the personnel appeals board. Within seven calendar days after the receipt
of the appeal, the personnel director shall file with the chair of the board and mail to the
employee by certified mail a statement specifying the...
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45-2-234.09
Section 45-2-234.09 Appeals; subpoenas; hearing. (a) A classified employee, other than an appointed
official, shall have the right to appeal any disciplinary action taken against him or her.
An employee on probationary status shall not have that right unless the employee had permanent
status in some other position at the time of appointment to the probationary position. An
employee, other than an appointed official, desiring to appeal any disciplinary action directed
against him or her shall first exhaust any administrative remedy as provided by policy of
the sheriff's personnel system. Upon exhausting any administrative remedy, the employee shall
then file his or her appeal in writing with the personnel officer within seven calendar days
of the last final administrative action on the disciplinary action, and shall request a hearing
before the personnel appeals board. Within seven calendar days after the receipt of the appeal,
the personnel officer shall file with the chair of the...
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45-22-120.10
Section 45-22-120.10 Grievance procedure. (a) An employee shall have the right to appeal any
disciplinary action taken against him or her, provided, however, that an employee on probationary
status shall have no such right unless such employee shall have had permanent status in some
other position at the time he or she was appointed to his or her present position. An employee
desiring to appeal any disciplinary action directed against him or her shall first exhaust
all administrative remedy as provided by policy of the commission. Upon exhausting all administrative
remedy, the employee shall then file his or her grievance in writing with the commission within
seven calendar days of the last final administrative action on his or her grievance, and shall
request a hearing before the personnel board. Within seven calendar days after the receipt
of the grievance, the commission shall file with the chair of the board and mail to the employee
by certified mail a statement specifying the...
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45-3-120.08
Section 45-3-120.08 Personnel board - Procedure for appeals. (a) The personnel board shall
hear all appeals from final personnel action as requested by an affected and eligible employee.
Eligible employees shall include regular status classified employees and may include other
employees as authorized by the county commission so long as the inclusion does not violate
the intent of this article. The board shall hear the appeals in accordance with guidelines
written by the board, with the advice of the Barbour County Commission. Final personnel action
shall include administrative action, action based on the rules, policies, and procedures of
the county, and disciplinary action. All appeals shall be made in good faith and timely filed.
Willfully filing an appeal based on false facts or solely for the purpose of harassment may
be grounds for disciplinary action. (b) Hearings before the personnel board shall not be evidentiary
hearings, or follow the formalities of a court of law, or require...
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15-13-152
Section 15-13-152 Qualification for property bail. The qualifications for property bail are
that each surety be a resident of the state, and an owner of real property therein, and that
any property pledged shall be worth, exclusive of all encumbrances and homestead exemptions
presently against the property, the amount expressed in the appearance bond. Any proper approving
officer, in approving property bail, may allow more than one person to justify severally as
bail in amounts less than that expressed in the appearance bond, provided the whole be equivalent
to the amount in the appearance bond. The worth shall not be determined by the assessed value
of the property but shall be calculated, determined, and evaluated in the manner set forth
in the affidavit described in part (A) of this section. If the property owner(s) claim a homestead
exemption in the affidavit then they shall also execute the waiver of a homestead exemption
form as provided in part (B) below. The affidavit shall be...
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15-2-22
Section 15-2-22 Witnesses. When an application for a change of venue is presented to the court,
the judge shall have authority to, and may, direct the issue of subpoenas for such number
of witnesses for either the defendant or the state as he may deem just and proper to appear
before the court on the hearing of such application to testify as to the facts concerning
the issues made by such application. The number and names of such witnesses shall be subject
to the control and discretion of the court, and the costs are to be taxed as provided in Section
12-19-233. This section shall not prevent the presentation of facts by affidavit. (Code 1907,
§7855; Code 1923, §5584; Code 1940, T. 15, §272.)...
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15-22-50
Section 15-22-50 Authority of circuit and district courts to suspend sentence and place convicted
person on probation. Circuit courts and district courts, subject to the provisions and conditions
hereinafter provided, may suspend execution of sentence and place on probation any person
convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not
be permitted to waive placement on probation by the sentencing court. The court shall have
no power to suspend the execution of sentence imposed upon any person who has been found guilty
and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15
years. Except as provided in the preceding sentence, the court, after a plea of guilty, after
the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty
by the court, may suspend execution of sentence and place the defendant on probation, or may
impose a fine within the limits fixed by law and also place the...
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19-1A-2
Section 19-1A-2 (Effective January 1, 2018) Definitions. In this chapter, the following terms
have the following meanings: (1) "Account" means an arrangement under a terms-of-service
agreement in which a custodian carries, maintains, processes, receives, or stores a digital
asset of the user or provides goods or services to the user. (2) "Agent" means a
person granted authority to act for a principal under a power of attorney, whether denoted
an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor
agent, and person to which an agent's authority is delegated. (3) "Carries" means
engages in the transmission of an electronic communication. (4) "Catalogue of electronic
communications" means information that identifies each person with which a user has had
an electronic communication, the time and date of the communication, and the electronic address
of the person. (5) "Conservator" means a person appointed by a court to manage the
estate of a...
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22-24-7
Section 22-24-7 Well driller's license - Refusal, suspension or revocation. (a) A license may
be refused or a license duly issued may be suspended or revoked, or the renewal thereof refused
by the board, if, after notice and hearing as provided in this section, it finds that the
applicant for, or holder of, such license: (1) Is unable to present evidence of his qualifications
suitable to the board; (2) Has intentionally made a material misstatement in the application
for such license; (3) Has willfully violated any provision of this chapter; (4) Has obtained,
or attempted to obtain, such license by fraud or misrepresentation; (5) Has been guilty of
fraudulent or dishonest practices; or (6) Has demonstrated lack of competence as a driller
of water wells. (b) Before any license shall be refused, or suspended or revoked, or the renewal
thereof refused, under this section, the board shall give notice of its intention to do so
by registered or certified mail to the applicant for, or holder...
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