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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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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...
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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...
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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...
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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...
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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...
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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...
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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...
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