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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-74.htm - 8K - Match Info - Similar pages
11-81-223
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court. At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said civil action, and he shall make such orders as to the proceedings in said civil action and adjournments as will best conserve the interests of all parties and enable him to enter a final judgment with the least possible delay. The final judgment shall find the facts specially and shall state separately the judge's conclusions of law thereon. Any taxpayer or citizen of each organizing subdivision may appear in such proceedings either personally or by attorney, and any party thereto, whether petitioner, defendant or intervenor, dissatisfied with the judgment of the court, may appeal therefrom to the Alabama Supreme Court in accordance with the Alabama Rules of Appellate Procedure. Such appeal shall take priority in the Supreme Court over all...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-81-223.htm - 1K - Match Info - Similar pages
12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply. (a) When any deed, writing or other document which it may be necessary to use as testimony in any case may be in the possession of any person resident in this state who is not a party to the case, the clerk of the court in which the case is pending shall, upon application of the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed to the person having such book or other document in his possession, requiring him to appear and bring with him into court the paper desired to be used as testimony. Service shall be by a sheriff, constable or some private person, and the official return of the sheriff or constable or the affidavit of such private person shall be sufficient evidence that the same was duly served; but, in all cases, the judge may require the summary production of any book or document by subpoena duces tecum where the witness is able to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-2.htm - 2K - Match Info - Similar pages
12-21-203
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining witness in prosecutions for criminal sexual conduct. (a) As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings: (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime charged, the prosecution of which is subject to the provisions of this section. (2) CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct, sexual abuse or carnal knowledge. (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards. (b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-203.htm - 2K - Match Info - Similar pages
34-24-363
Section 34-24-363 Witnesses - How subpoenaed and sworn; failure to comply. (a) To any such hearing witnesses may be subpoenaed by the commission on its own motion, or on the demand of either side by subpoena signed by the chairman of the commission, or by the executive officer of the commission, and such subpoenas may be served by any sheriff of the State of Alabama, or by the executive officer of the commission or by any person designated by the executive officer; and, if served by anyone other than a sheriff, the return of service shall be sworn to by the person before some officer authorized to administer oaths. Witnesses may be sworn by the chairman or by the person discharging the duties of the chairman. Similar subpoenas may be issued directing the production of books, papers, or documents at the hearing. (b) In conducting its investigations, the State Board of Medical Examiners shall have the authority to subpoena witnesses and command the production at any of its meetings of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-363.htm - 2K - Match Info - Similar pages
35-6A-7
Section 35-6A-7 Request for partition by sale; purchase of interests. (a) In each petitioner's initial pleading in a partition action, the petitioner shall state whether the petitioner requests partition by sale. If the petitioner fails to so state, the petitioner shall be deemed to have not requested partition by sale. (b) In each cotenant's initial responsive pleading, the cotenant shall state whether the cotenant requests partition by sale. (1) If a cotenant files a responsive pleading but fails to so state, the cotenant shall be deemed to have not requested partition by sale. (2) If a guardian ad litem is appointed to represent one or more cotenants including, but not limited to, unknown, unlocatable, and legally incapacitated cotenants, the guardian ad litem may, but is not required to, state whether or not such cotenant requests partition by sale, and the guardian ad litem shall have no liability for making or failing to make the election. If a guardian ad litem files a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6A-7.htm - 12K - Match Info - Similar pages
45-35-232.27
Section 45-35-232.27 Release pending trial; order. (a) A person in Houston County charged with an offense, at an appearance before a judicial officer, may be ordered released pending a trial on personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the judicial officer determines, in the exercise of discretion, that release will not reasonably assure the appearance of the person as required. (b) No person in Houston County charged with an offense shall be considered for the program created by this subpart until the accused's first appearance before a judicial officer. (c) In determining which conditions of release will reasonably assure the appearance of a person as required, the judicial officer, on the basis of available information as presented by the state, city, or their representative, respectively, or the defendant, shall consider matters such as the nature and circumstances of the offense charged, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35-232.27.htm - 2K - Match Info - Similar pages
9-2-65
Section 9-2-65 Powers and duties of game and fish wardens; powers and duties of director with respect to game and fish wardens. (a) Game and fish wardens shall have power: (1) To enforce all laws of this state relating to birds, animals and fish; (2) To execute all warrants and search warrants for the violation of the game, fish and fur laws of the state; (3) To serve subpoenas issued for examination, investigation and trial of all offenses against the law relating to game, fur bearers, birds and fish; (4) To carry firearms as provided by law for enforcement officers when in the discharge of their official duties; (5) To confiscate all game, birds, animals or fish or parts thereof which have been caught, taken, killed or held at a time in any manner or for any purpose or had in possession or under control or have been shipped, carried or transported contrary to the laws of this state, and game, fur bearers, birds, fish or parts thereof so confiscated shall be held as evidence in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-2-65.htm - 2K - Match Info - Similar pages
13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant. (2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant. (3) Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant. (4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-40.htm - 6K - Match Info - Similar pages
36-26-27
Section 36-26-27 Dismissals and disciplining of employees generally. (a) An appointing authority may dismiss a classified employee whenever he considers the good of the service will be served thereby, for reasons which shall be stated in writing, served on the affected employee and a copy furnished to the director, which action shall become a public record. The dismissed employee may, within 10 days after notice, appeal from the action of the appointing authority by filing with the board and the appointing authority a written answer to the charges. The board shall, if demand is made in writing by the dismissed employee within 10 days after notice of discharge, order a public hearing and, if the charges are proved unwarranted, order the reinstatement of the employee under such conditions as the board may determine. Upon a majority vote of the board, the board may impose a punishment other than termination including but not limited to a reinstatement with forfeiture of back wages and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-26-27.htm - 3K - Match Info - Similar pages
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