23-1-40
Section 23-1-40 Duties and powers generally. (a) It shall be the duty of the Department of
Transportation to designate the roads to be constructed, repaired, and maintained and to construct,
standardize, repair, and maintain roads and bridges of this state; and it shall have authority
to make contracts or agreements to construct or pave the roadway only of the street or streets
which will serve to connect the state highway constructed or repaired by the department within
any municipality in the State of Alabama. (b) In such municipalities in which the Department
of Transportation has not designated the street or streets which are a part of the state highways
constructed or repaired by the department, it shall be the duty of the department to designate
such street or streets. The department may also cooperate or contract with any municipality
or county in the paving or improving of any street or streets, highway or highways, or walkway
or walkways upon which a state educational or...
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25-4-95
Section 25-4-95 Appeals from final decisions of board of appeals or appeals tribunal. Within
30 days after the decision of the board of appeals has become final, any party to the proceeding
including the secretary who claims to be aggrieved by the decision may secure a judicial review
thereof by filing a notice of appeal in the circuit court of the county of the residence of
the claimant; except, that if the claimant does not reside in this state at the time the appeal
is taken, the notice of appeal shall be filed in the circuit court of the county in this state
in which the claimant last resided, or in the circuit court of the county in this state wherein
the claimant last worked. In such action, the notice of appeal need not be verified, but shall
state the grounds upon which a review is sought. A copy shall be served upon the secretary
or upon such person as the secretary may designate (and for the purpose hereof, mailing a
copy addressed to the secretary at Montgomery by registered...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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38-9F-3
Section 38-9F-3 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) CAREGIVER. The term as defined in Section 13A-6-191. (2) ELDER ABUSE.
The commission of any of the following acts or the intent to commit any of the following acts
against an elderly person: a. Abuse, as defined in Section 38-9-2. b. Arson, as defined in
Sections 13A-7-40 to 13A-7-43, inclusive. c. Assault, as defined in Sections 13A-6-20 to 13A-6-22,
inclusive. d. Criminal coercion, as defined in Section 13A-6-25. e. Criminal trespass as defined
in Sections 13A-7-2 to 13A-7-4.1, inclusive. f. Emotional abuse, as defined in Section 13A-6-191.
g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171. h. Harassment, as
defined in Section 13A-11-8. i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44.
j. Menacing, as defined in Section 13A-6-23. k. Reckless endangerment, as defined in Section
13A-6-24. l. Sexual abuse, as defined as any of the acts in...
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45-44-150.09
Section 45-44-150.09 Production of documents, etc.; removal of certain licensee employees;
recordkeeping; inspections; witnesses. The racing commission is empowered to compel the production
of any and all books, memoranda, or documents showing the receipts and disbursements of any
person, association, or corporation licensed to conduct race meetings under this part. The
racing commission may at any time require the removal of any employee or official employed
by any licensee hereunder whenever such employee or official is guilty of any improper practice
in connection with racing, has failed to comply with any condition of the license, or has
violated any rule adopted by the racing commission. The racing commission shall have the power
to require that the licensee maintain books and financial statements in a manner and form
prescribed by the racing commission so as to assure the proper administration of the parimutuel
pool and the payment of the tax hereinafter provided. The racing...
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11-43A-28
Section 11-43A-28 Qualifications of city manager; duties; designation or appointment of administrative
officer to perform duties of manager during temporary absence or disability. The city manager
shall be chosen by the council solely on the basis of his executive and administrative qualifications
with special reference to his actual experience in, or his knowledge of, accepted practice
in respect to the duties of his office as hereinafter set forth. At the time of his appointment,
he may but need not be a resident of the municipality or state, but during his tenure of office
he shall reside within the municipality. The city manager shall be the head of the administrative
branch of the municipal government. He shall be responsible to the council for the proper
administration of all affairs of the municipality and, subject to the provisions of any civil
service or merit system law applicable to such municipality and except as otherwise provided
herein, he shall have power and shall be...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation.
(a) Any drug offender subject to this chapter who posts bail shall submit to random observed
drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo
a screening under any of the following conditions: (1) The results of a drug test are positive.
(2) The drug offender requests a screening. (3) The drug offender admits to substance use
or abuse within the year preceding the arrest for the present charge. (4) The present charge
involves a violation of the controlled substances or impaired driving statutes. (5) The drug
offender, within the previous five years, has been convicted in any state or federal court
involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender
refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements
of subsection (a), the court shall order a drug offender...
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16-46-9
Section 16-46-9 Review by State Board of Education; review by Circuit Court of Montgomery County.
Any person or school or private postsecondary institution aggrieved by the actions of the
Department of Postsecondary Education with respect to exemption, issuance, denial, deferral,
probation, suspension, or revocation of a license or permit provided for in Sections 16-46-3,
16-46-5, and 16-46-6, may file within 30 days a petition for review by the State Board of
Education. The aggrieved person, school, or institution shall then be entitled to a hearing
before the State Board of Education. The person, school, or institution may be represented
by counsel at the hearing. The aggrieved person, school, or institution may adduce evidence,
both oral and documentary, at such hearing and on official record if such hearing shall be
transcribed by a qualified court reporter. After the State Board of Education acts on the
petition for review, any person, school, or institution aggrieved by the State...
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