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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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34-30-5
Section 34-30-5 Disciplinary proceedings - Procedure. The following procedure will apply to
revocation and suspension hearings and to judicial review of these hearings: (1) Hearings
are to be conducted by a five-person panel of the Board of Social Work Examiners with recommended
decisions to be by majority vote of the panel. (2) Reasonable notice (20 days' minimum) of
charges to be served personally or by registered mail. (3) Stenographic record of proceedings.
(4) A person licensed under this chapter whose license is subject to suspension or revocation
is entitled to: a. The presence of counsel at the hearing at his expense; b. The right to
cross-examination of witnesses; c. The right to call witnesses on his or her own behalf; and
d. The right to subpoena witnesses and documents. (5) Any person affected by the action of
the board in refusing his or her application or suspending or revoking his or her license,
or any other action of the board, may appeal the action of the board by...
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38-10-9
Section 38-10-9 Investigations by department as to location of parents and ability of parents
to furnish child support; authority to notify parent of support duty; falsification of report
as to parent's income, etc.; citation to require in-court testimony; employer's duty to provide
certain information. (a) The department is authorized and empowered to conduct investigations
to determine the location of parents and putative parents alleged or known to owe child support.
(b) The department is authorized and empowered to conduct investigations to determine the
location, income, and assets including real or personal property or income producing property
of parents alleged or known to have a child support obligation. (c) The department is authorized
and empowered to notify a parent of his legal duty to provide support and to require information
concerning his financial status in order to determine whether or not he is financially able
to provide support. (d) Such notice may inform the...
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38-13-8
Section 38-13-8 Confidentiality and disclosure of reports. (a) All reports of criminal history
background information received by the Department of Human Resources from the Department of
Public Safety shall be confidential and marked confidential with no further disclosure and
shall not be made available for public inspection. (b) All criminal history background information
reports shall be excluded from any requirement of public disclosure as a public record. (c)
Without additional public disclosure, the following release of the criminal history background
information report shall not be construed to violate this section: (1) Showing the report
to the applicant or current employee. (2) Release of the report to a court of competent jurisdiction
in the event of litigation brought by the applicant or employee. (3) Release of the report
to a court of competent jurisdiction upon a finding that the information is material to the
issues of the case before the court. (4) Use of the report in...
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8-7A-23
Section 8-7A-23 Investigation and subpoenas by commission. (a) The commission may do any of
the following: (1) Make such public or private investigations within or outside of this state
as it deems necessary to determine whether: Any license under this chapter should be granted,
denied, suspended, or revoked; any person has violated or is about to violate any provision
of this chapter or any rule or order hereunder; or to aid in the enforcement of this chapter
or in the prescribing of rules and forms hereunder. (2) Require or permit any person to file
a statement in writing, under oath, or otherwise as the commission may determine, as to all
the facts and circumstances concerning the matter to be investigated. (3) Publish information
concerning any violation of this chapter or any rule or order hereunder. (b) In relation to
any investigation or proceeding under this chapter, the commission, or any officer designated,
may administer oaths and affirmations, subpoena witnesses, compel...
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22-9A-10
Section 22-9A-10 Judicial procedure to establish facts of birth. (a) If a delayed certificate
of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner
may be filed with a circuit court of any county in this state in which he or she resides or
was born, for an order establishing a birth record. (b) The petition shall allege each of
the following: (1) The person for whom a delayed certificate of birth is sought was born in
this state. (2) No certificate of birth can be found in the Office of Vital Statistics. (3)
Diligent efforts by the petitioner have failed to obtain the evidence required in accordance
with Section 22-9A-9. (4) The State Registrar has refused to register a delayed certificate
of birth. (5) Other allegations as may be required. (c) The petition shall be accompanied
by a statement of the State Registrar made in accordance with Section 22-9A-9 and all documentary
evidence which was submitted to the State Registrar in support of the...
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43-2-195
Section 43-2-195 Collection of debts and deposits by nonresident personal representative. The
personal representative of a deceased person, by appointment of a court having jurisdiction
in any state other than the state of Alabama, may receive and collect any indebtedness or
bank deposit owing to the deceased by any person who is a resident of Alabama, and such personal
representative may execute a release, discharge and satisfaction of such indebtedness. Such
personal representative, at the time of or before making such collection and satisfaction,
release or discharge, shall file for record in the probate office of the county wherein the
debtor resides a certified copy of the letters testamentary or of administration issued to
such personal representative, certified in accordance with 28 U.S.C.A., ยง1738, but no such
collection shall be made until the lapse of 60 days from the date of the death of the deceased,
and no such collection shall be made if proceedings are pending for the...
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43-8-6
Section 43-8-6 Rules of evidence; evidence as to death or status; presumption of death. In
proceedings under this chapter the rules of evidence in courts of general jurisdiction including
any relating to simultaneous deaths, are applicable unless specifically displaced by the chapter.
In addition, the following rules relating to determination of death and status are applicable:
(1) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death and the identity of the decedent; (2) A certified
or authenticated copy of any record or report of a governmental agency, domestic or foreign,
that a person is missing, detained, dead, or alive is prima facie evidence of the status and
of the dates, circumstances and places disclosed by the record or report; (3) A person who
is absent for a continuous period of five years, during which he has...
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8-6-15
Section 8-6-15 Investigations and subpoenas by commission. (a) The Securities Commission, in
its discretion, may: (1) Make such public or private investigations within or outside of this
state as he deems necessary to determine whether any registration in the sale of securities
should be granted, denied, or revoked, whether any person has violated or is about to violate
any provision of this article or any rule or order hereunder, to aid in the enforcement of
this article or in the prescribing of rules and forms hereunder; (2) Require or permit any
person to file a statement in writing, under oath, or otherwise as the commission may determine,
as to all the facts and circumstances concerning the matter to be investigated; and (3) Publish
information concerning any violation of this article or any rule or order hereunder. (b) For
the purpose of any investigation or proceeding under this article, the Securities Commission
or any officer designated by it may administer oaths and...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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