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45-17A-50.09
Section 45-17A-50.09 Disciplinary action; predetermination hearing; submission of charges;
public hearing. (a) The mayor or head of the department shall have authority to discipline
any employee pursuant to this part and the rules and regulations adopted by the city council
to implement this part. If a disciplinary action involves suspension without pay, demotion,
or dismissal of a regular status employee, the mayor shall submit a written report of the
action to the city council giving the reason or reasons for the action. (b) No regular status
employee may be suspended without pay, demoted, dismissed, or otherwise deprived of any right
in his or her job unless he or she has been afforded the opportunity of a predetermination
hearing before the mayor in which he or she may face his or her accusers and offer evidence
in his or her defense prior to the action being taken. (c) Charges may also be filed against
any employee covered by this part by any nonemployee and shall be submitted in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17A-50.09.htm - 2K - Match Info - Similar pages
7-2-302
Section 7-2-302 Unconscionable contract or clause. (1) If the court as a matter of law finds
the contract or any clause of the contract to have been unconscionable at the time it was
made the court may refuse to enforce the contract, or it may enforce the remainder of the
contract without the unconscionable clause, or it may so limit the application of any unconscionable
clause as to avoid any unconscionable result. (2) When it is claimed or appears to the court
that the contract or any clause thereof may be unconscionable, the parties shall be afforded
a reasonable opportunity to present evidence as to its commercial setting, purpose and effect
to aid the court in making the determination. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-302.htm - 1K - Match Info - Similar pages
13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit
unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts;
vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties with
the consent of the court waive the right to have the sentence hearing conducted before a jury
as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return
a verdict as provided by subsection (e) of this section. If both parties with the consent
of the court waive the right to have the hearing conducted before a jury, the trial judge
shall proceed to determine sentence without a verdict from a jury. Otherwise, the hearing
shall be conducted before a jury as provided in the remaining subsections of this section.
(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted
before that same jury unless it is impossible or impracticable to do so. If it...
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45-8-120.15
Section 45-8-120.15 Written appeal of board action; hearing. A regular status classified service
employee shall have 30 calendar days from his or her receipt of written notification of any
disciplinary action taken against him or her that involves a dismissal, demotion, or suspension
without pay in which he or she may file a written appeal of the action with the board. If
the employee chooses to file an appeal with the board, the action against the employee shall
not become final until the board holds a hearing on the employee's appeal. Within a reasonable
time after receipt of the employee's appeal, the board shall schedule and hold a public hearing
de novo on the charges against the employee and render a decision. The hearing shall be held
in accordance with this article and guidelines as established by the board. Both the employee
and the appointing authority, or their designated representatives, shall be afforded an opportunity
to present information concerning the action. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8-120.15.htm - 1K - Match Info - Similar pages
9-9-25
Section 9-9-25 Correction of errors in or amendments to water management plan. The board of
water management commissioners may correct errors in or amend the plan of water management
at any time upon the recommendation or concurrence of competent technicians when it appears
that the purpose for which the district is organized may thereby be more effectively and economically
accomplished; provided, that after assessments of benefits have been confirmed by the court,
no such amendment to plans shall be effective until approved by the court having jurisdiction
of the district after a hearing, for which notice shall be given as in the case of the assessments
of benefits, at which hearing all parties whose property has been assessed for benefits or
may be damaged or taken by reason of such amendment shall have opportunity to be heard. When
any amendment to the plan is approved by the court, the benefits and damages resulting from
such amendment shall be determined at the same hearing. (Acts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-9-25.htm - 1K - Match Info - Similar pages
24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-8-13.htm - 7K - Match Info - Similar pages
28-3A-24
Section 28-3A-24 Suspension or revocation of licenses; appointment of hearing commission; notice,
hearing and findings; fines. (a) The board shall have full and final authority as to the suspension
or revocation of any license issued under this chapter and to levy a fine against a licensee
in lieu of such suspension or revocation. The board shall have the full right and authority
to suspend any retail license issued by it for any reason which it may deem sufficient and
proper. Provided, however, the board may appoint a hearing commission of not less than three
members to hear and decide all contested applications of licenses under this chapter, and
hear and decide all charges against any licensee for violation of this chapter, the law or
the regulations of the board and shall have the power and authority to revoke or suspend for
cause licenses and permits, or to fine licensees provided in this chapter. Provided, no member
of the hearing commission shall participate in the hearing or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3A-24.htm - 3K - Match Info - Similar pages
37-1-89
Section 37-1-89 Taking of testimony; further investigation; laws governing conduct of hearing;
transcript. (a) At the hearing held pursuant to such notice, the commission may take such
testimony as may be offered, or as it may desire, and may make such other further investigation
as in its opinion is desirable. (b) The commission, by appropriate order in any case, may
appoint or designate a special examiner or one of the commission to take evidence at such
time and place as designated by the commission in the order. The laws which now provide for
the attendance of witnesses, the giving of testimony, the punishing for contempt, the production
of evidence and the payment of witnesses at hearings before the commission shall apply to
and govern hearings and examinations conducted by such special examiner or commissioner when
acting under an order of the commission. A transcript of the evidence, together with all the
exhibits received at such hearings or examinations shall be promptly...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-1-89.htm - 1K - Match Info - Similar pages
43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-354.htm - 2K - Match Info - Similar pages
45-49-120.33
Section 45-49-120.33 Court proceedings. Orders of the personnel director and personnel board
may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings in
a court of competent jurisdiction. Any person directly interested, within 14 days, may appeal
to the Circuit Court of Mobile County from any order of the board, by filing notice thereof
with the board, whereupon the board shall certify to a transcript of the proceedings before
it and file the same in court. Only findings of fact of the board contained in the transcript,
if supported by substantial evidence adduced before the board or before its personnel director
after hearing and upon notice to the interested party or parties, and after affording the
parties an opportunity to be heard, shall be conclusive on appeal. The issues on appeal shall
be made up under the direction of the court within 30 days after the transcript is filed therein,
and the trial shall proceed on the evidence contained in the...
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