45-26-130
Section 45-26-130 Appointment and employment; duties; compensation; equipment and facilities.
(a) This section shall apply only in Elmore County. (b) The Elmore County Commission shall
appoint and employ a county engineer or chief engineer, who shall be a thoroughly qualified
and competent professional engineer. The county engineer or chief engineer shall possess all
of the qualifications as specified for county engineers or chief engineers under the general
laws of the State of Alabama. The county engineer or chief engineer shall be responsible for
the maintenance and construction of the public roads, bridges, and ferries in the county and
shall perform other duties related to his or her appointment as may be assigned by the county
commission. The county engineer or chief engineer shall serve at the pleasure of the county
commission. (c) It shall be the duty of the county engineer or chief engineer to carry out
the following as determined by the county commission: (1) Employ,...
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11-65-10
Section 11-65-10 Powers and duties of commission. When authorized by one or more elections
as provided in Section 11-65-4, a commission shall have the powers and duties necessary to
license, regulate, and supervise horse racing and pari-mutuel wagering thereon and greyhound
racing and pari-mutuel wagering thereon within the commission municipal jurisdiction, including,
without limiting the generality of the foregoing, the powers and duties hereinafter set forth
in this section or in other sections of this chapter. (1) A commission shall have succession
in perpetuity, subject only to the provisions of this chapter as it may be amended from time
to time. (2) A commission shall have the power to sue and be sued in its own name in civil
suits and actions and to defend suits against it. (3) A commission shall have the power to
adopt and make use of an official seal and to alter the same at pleasure. (4) A commission
shall have the power to adopt, alter, and repeal bylaws, regulations and...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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6-6-161
Section 6-6-161 Return of writ, bond and affidavit; issue made up; burden of proof. The officer
making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return
the writ, affidavit and bond to court to which it is returnable, when an issue must be made
up between the plaintiff in the writ and the claimant, in which the former must allege that
the property claimed is the property of the defendant in the writ and is liable to its satisfaction.
On the trial of such issue, the burden of proof is on the plaintiff. (Code 1852, §§2588,
2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code
1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)...
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15-21-12
Section 15-21-12 Notice to any other person having interest required. If it appears from the
petition for a writ of habeas corpus or from the documents thereunto annexed that the party
is imprisoned or detained by virtue of any process under which any other person has an interest
in continuing his imprisonment or restraint, the officer issuing the writ must endorse thereon
an order requiring the applicant, or someone else for him, to give notice to such person,
or to his attorney, of the issue of the writ and of the time and place at which it is returnable,
in order that he may, if he thinks proper, appear and object to the discharge of the party
who is imprisoned. If such notice is not given, when the party who is entitled to it is within
50 miles of the place of examination, the party who is imprisoned must not be discharged.
(Code 1852, §718; Code 1867, §4269; Code 1876, §4945; Code 1886, §4769; Code 1896, §4822;
Code 1907, §7017; Code 1923, §4316; Code 1940, T. 15, §12.)...
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15-21-18
Section 15-21-18 Person and original detaining warrant, writ, etc., to be produced with return;
exception. At the time of making the return, one must also produce the person on whose behalf
the writ of habeas corpus was sued out, according to the command of the writ, and the original
warrant, writ or other written authority under which he was detained; but, if from sickness
or infirmity the party cannot be produced without danger, that fact must be stated in the
return, verified by oath and, if required, established by other sufficient evidence. (Code
1852, §725; Code 1867, §4276; Code 1876, §4952; Code 1886, §4776; Code 1896, §4829; Code
1907, §7024; Code 1923, §4323; Code 1940, T. 15, §19.)...
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15-21-8
Section 15-21-8 Writ to be granted without delay; to whom writ returnable. (a) The judge to
whom the application for a writ of habeas corpus is made must grant the same without delay,
unless it appears from the petition itself or from the documents thereunto annexed that the
person imprisoned or restrained is not entitled to the benefit of the writ under the provisions
of this chapter. (b) When the person is confined in the penitentiary, the writ must be made
returnable before the circuit court of the county in which the convict is confined, but if
the writ is granted more than 10 days before the time fixed for the holding of such court,
it must be made returnable before the nearest circuit court judge. When a person is a patient
or confined in any hospital in the state, the writ must be made returnable before the circuit
court of the county in which the hospital is located in which he is so confined. In all other
cases, the writ must be made returnable before the officer by whom it is...
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6-6-332
Section 6-6-332 Process - Form of notice; service and return thereof. (a) Upon complaint being
made, the district judge shall issue a notice to the party against whom the complaint is made
to the following effect: The State of Alabama, ___ County. To ___ You are hereby commanded
to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by _____, for a forcible entry and
detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of
______, 2__. ___ District Court Judge (b) The notice shall be served on the defendant at least
six days before the return day of the process and may be served on the defendant anywhere
within the state. The return of the service thereof by any sheriff or constable of the state
is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall
be personally served upon the...
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