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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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34-21-25
Section 34-21-25 Denial, suspension, or revocation of license; administrative fines; voluntary
disciplinary alternative program. (a) For disciplinary purposes, the board may adopt, levy,
and collect administrative fines not to exceed one thousand dollars ($1,000) per violation
and may institute any legal proceedings necessary to effect compliance with this chapter against
its licensees. (b)(1) The board may also deny, revoke, or suspend any license issued by it
or otherwise discipline a licensee, or holder of a multistate privilege to practice in Alabama,
upon proof of any of the following regarding the licensee: a. Is guilty of fraud or deceit
in procuring or attempting to procure a license. b. Has been convicted of a felony. c. Is
guilty of a crime involving moral turpitude or of gross immorality that would tend to bring
reproach upon the nursing profession. d. Is unfit or incompetent due to the use of alcohol,
or is addicted to the use of habit-forming drugs to such an extent as to...
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5-17-55
Section 5-17-55 Credit Union Board created; composition; appeals. (a) There shall be a Credit
Union Board of the Alabama Credit Union Administration which shall consist of the administrator,
who shall be an ex officio member and chair of the board, and seven other persons, appointed
by the Governor, by and with the consent of the Senate. Four of these persons shall be appointed
from a list of nominees submitted by the Credit Union Board of the Alabama Credit Union Administration,
in consultation with the League of Southeastern Credit Union or its successor organization,
which shall submit not less than three nominees for any vacancy. Should the Governor determine
that none of the first three nominees submitted by the Credit Union Board for a vacancy on
the Credit Union Board are acceptable, the Governor may reject the three nominees, and the
Credit Union Board shall submit an alternative list of three nominees to the Governor from
which the Governor shall make the appointment. The...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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26-10A-11
Section 26-10A-11 Consent or relinquishment. (a) A consent or relinquishment shall be in writing,
signed by the person consenting or relinquishing, and shall state the following: (1) The date,
place, and time of execution. (2) The date of birth or if prior to birth expected date of
birth of the adoptee and any names by which the adoptee has been known. (3) The relationship
of the person consenting or relinquishing to the adoptee. (4) The name of each petitioner,
unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent
contains a statement that the person executing the consent knows that he or she has a right
to know the identity of each petitioner but voluntarily waives this right. (5) That the person
executing the document is voluntarily and unequivocally consenting to the adoption of the
named adoptee. (6) That by signing the document and subsequent court order to ratify the consent,
the person executing the document understands that he or she will...
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34-21-127
Section 34-21-127 Rulemaking authority. (a) The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this compact and the rules adopted under this compact.
Rules and amendments shall become binding as of the date specified in each rule or amendment
and shall have the same force and effect as this compact. (b) Rules or amendments to the rules
shall be adopted at a regular or special meeting of the commission. (c) Before the adoption
of a final rule by the commission, and at least 60 days in advance of the meeting at which
the rule shall be considered and voted upon, the commission shall file a notice of proposed
rulemaking on the website of the commission and on the website of each licensing board or
the publication in which each party state would otherwise publish proposed rules. (d) The
notice of proposed rulemaking shall include all of the following: (1) The proposed time, date,
and location of the meeting in which the rule shall be considered and...
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34-22-42
Section 34-22-42 Powers and duties generally. The board shall exercise and perform, subject
to this chapter, each of the following powers and duties: (1) Conduct examinations at least
once each year to ascertain the qualifications and fitness of applicants for licenses to practice
optometry. (2) Prescribe rules and regulations for conducting and administering an examination
of applicants for licensing as optometrists and to effectuate this chapter. (3) Institute,
upon a complaint or petition, hearings of charges against licensed optometrists or other persons
as provided in this chapter. (4) Institute legal proceedings for violations of this chapter.
(5) Grant and deny licenses in conformity with this chapter, including applications for approval
to use pharmaceutical agents. (6) Formulate rules and regulations by which the board shall
determine which optometry schools and colleges in or out of the State of Alabama have been
duly accredited by a recognized and properly authorized...
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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence
which appears to show that a physician or osteopath holding a certificate of qualification
to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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