35-6-122
Section 35-6-122 Trial by jury. Either party shall be entitled to a trial by jury, on demand
made therefor at any time before the hearing, and the jury shall decide the facts under the
charge of the judge. When a jury is demanded, the court shall order the sheriff to summon
12 men, or, by agreement of the parties, any less number, competent to serve as jurors; and
the mode of swearing, impaneling, challenging, and supplying the places of jurors shall be
the same, so far as practicable, as in the circuit court, on the trial of civil actions. (Code
1876, §3531; Code 1886, §3277; Code 1896, §3202; Code 1907, §5248; Code 1923, §9352;
Code 1940, T. 47, §245.)...
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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
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9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers conferred
on it by law, the commission shall have the power to do all of the following: (1) Adopt, amend,
suspend, repeal, and enforce reasonably necessary rules and regulations, provided such rules
and regulations shall not be more stringent than those promulgated by federal law, or rule
or regulation, to control surface coal mining operations consistent with this article including
the declaration of public policy and legislative intent contained in Section 9-16-71. Such
rules and regulations may be for the state as a whole or may vary from area to area, as may
be appropriate to accomplish the policy and intent of this article and in order to take into
account varying local conditions. (2) Hold public hearings as may be specified by law relating
to any aspect or matter in the administration of this article and, in connection therewith,
administer oaths and compel the attendance of witnesses and the...
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9-16-78
Section 9-16-78 Hearing officer; powers; witness fees. (a) No hearing officer shall participate
in a hearing if he or she has an interest therein. At any such hearing all testimony shall
be given under oath and be recorded, but need not be transcribed unless an appeal is made.
(b) The manner in which hearings before hearing officers shall be presented and the conduct
of hearings and appeals before hearing officers shall be in accordance with regulations prescribed
by the regulatory authority. (c) In the discharge of his or her duties under this article,
any hearing officer shall have power to administer oaths, certify to official acts, take and
cause to be taken depositions of witnesses, issue and serve subpoenas, compel the attendance
of witnesses and the production of papers, books, accounts, payrolls, documents, records,
and testimony, provide for site inspections or inspections of other operations. In the event
of failure of any person to comply with any subpoena lawfully issued,...
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12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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2-1-6
Section 2-1-6 Refund of any funds improperly or illegally collected. In the event of improper
or illegal collection of any license or permit fee, or any other sum made in an effort to
enforce any of the provisions of this title or any other provision of this Code or other statute
which the Commissioner, Department or Board of Agriculture and Industries is authorized or
directed to administer or enforce, either as a result of a mistake of law or fact, upon the
written application of the party in interest, the comptroller, upon requisition of the commissioner
approved by the Attorney General that such sum was improperly or illegally collected and paid
into the Treasury to the credit of the Agricultural Fund, shall draw his warrant in favor
of the party in interest upon the Treasurer for the amount thus certified as improperly or
illegally collected and paid into the Treasury to the credit of said Agricultural Fund, and
the same shall be charged to and paid out of the particular fund into...
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25-2-23
Section 25-2-23 Powers of secretary, officers of department and board of appeals as to witnesses.
The Secretary of Labor, any officer of the Department of Labor designated by the secretary
and the members of the board of appeals, in the performance of any function or duty or the
execution of any power prescribed by law, shall have the power to administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, compel
the attendance of witnesses and the production of papers, books, accounts, payrolls, documents,
records and testimony. 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 Secretary of Labor or any
officer of the Department of Labor designated by the...
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25-4-97
Section 25-4-97 Powers of appeals tribunal, board of appeals and officers of Department of
Labor as to witnesses; witness fees. In the discharge of their duties under this chapter any
deputy, any appeals tribunal, any member of the board of appeals, and any officer of the Department
of Labor authorized and designated by the secretary shall have power to administer oaths,
certify to official acts, take and cause to be taken depositions of witnesses, issue and serve
subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts,
payrolls, documents, records, and testimony. 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 secretary or any officer of the Department of Labor designated...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
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