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41-9-645
Section 41-9-645 Purging, modification, or supplementation of criminal records - Applications
by individuals; appeals; costs. (a) If an individual believes information is inaccurate or
incomplete, he or she may request the original agency having custody or control of the detail
records to purge, modify, or supplement them and to notify SBI of the changes. (b) If the
agency declines to act or if the individual believes the agency's decision is unsatisfactory,
the individual or his or her attorney, within 30 days of the decision and with notice to the
agency, may enter an appeal to the circuit court of the county of his or her residence or
to the circuit court in the county where the agency exists. The court in each case shall conduct
a de novo hearing and may order relief as it finds to be required by law. Appeals shall be
entered in the same manner as appeals are entered from the court of probate; except, that
the appellant shall not be required to post bond nor pay the costs in...
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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-81.htm - 6K - Match Info - Similar pages
12-24-3
Section 12-24-3 Recusal of a justice or judge due to campaign contribution; rebuttable presumption;
appeal. (a) In any civil action, on motion of a party or on its own motion, a justice or judge
shall recuse himself or herself from hearing a case if, as a result of a substantial campaign
contribution or electioneering communication made to or on behalf of the justice or judge
in the immediately preceding election by a party who has a case pending before that justice
or judge, either of the following circumstances exist: (1) A reasonable person would perceive
that the justice or judge's ability to carry out his or her judicial responsibilities with
impartiality is impaired. (2) There is a serious, objective probability of actual bias by
the justice or judge due to his or her acceptance of the campaign contribution. (b) A rebuttable
presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution
made directly by a party to the judge or justice...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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25-4-94
Section 25-4-94 Powers and duties of board of appeals for Department of Labor. (a) The board
of appeals for the Department of Labor, created by Section 25-2-12, may, on its own motion
at any time before a decision of an appeals tribunal becomes final, affirm, modify, or set
aside any such decision on the basis of the evidence previously submitted in such case, or
direct the taking of additional evidence, or may permit any party in interest to initate an
appeal to it. The board of appeals may remove to itself or transfer to another appeals tribunal
the proceedings on any claim pending before an appeals tribunal. The board of appeals shall
promptly notify in writing the parties to any proceedings of its findings and decision, together
with the reasons therefor. (b) Unless the application for appeal described in subsection (c)
of Section 25-4-92 is granted by the board of appeals within 10 days after its filing with
it, the applicant may, within the following 10 days, take an appeal from...
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34-2A-13
Section 34-2A-13 Disciplinary actions; review. (a) The board may discipline its licensees by
the adoption and collection of administrative fines, not to exceed five thousand dollars ($5,000)
per violation, and may institute any legal proceedings necessary to effect compliance with
this chapter. (b) The license of any person practicing or offering to practice assisted living
administration may be revoked or suspended by the board, or the person may be reprimanded,
censured, or otherwise disciplined in accordance with the provisions of this section upon
decision and after due hearing in any of, but not limited to, the following cases: (1) Upon
proof that the person has willfully or repeatedly violated any of the provisions of this chapter
or the rules enacted in accordance with this chapter. (2) Conduct or practices deemed to be
detrimental to the lives, health, safety, or welfare of the residents or patients of any assisted
living facility or health care facility in this state or any...
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45-30A-50.18
Section 45-30A-50.18 Appeal to the court. Decisions of the board may be enforced in the court
by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority,
or the city may, within 10 days after the decision of the board is rendered, appeal to the
court from any decisions of the board affirming, imposing, or refusing to affirm or impose
dismissal or demotion as disciplinary action by filing notice of such appeal with the court
and causing a copy of such notice to be served on the appointing authority and any member
of the board. Upon the filing of such notice, the board shall file with the court a certified
transcript of the proceeding had before it with respect to the appeal, and its decision in
the matter. The appeal shall be heard at the earliest possible date by the court sitting without
a jury on the issues made before the board and the trial in the court shall be de novo. No
bond shall be required for such an appeal and the cost of such appeal...
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5-13B-115
Section 5-13B-115 Seizure of foreign bank's property and business; liquidation. (a) If the
superintendent finds that any of the factors set forth in Section 5-13B-113 are true with
respect to any foreign bank which is licensed to establish and maintain an Alabama state branch
or Alabama state agency and that it is necessary for the protection of the interests of the
creditors of such foreign bank's business in this state or for the protection of the public
interest that he or she take immediate possession of the property and business of the foreign
bank, the superintendent may by order forthwith take possession of the property and business
of the foreign bank in this state and retain possession until the foreign bank resumes business
in this state or is finally liquidated. The foreign bank may, with the consent of the superintendent,
resume business in this state upon such conditions as the superintendent may prescribe by
regulation or order. (b) At any time within 10 days after the...
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