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19-3D-9
Section 19-3D-9 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. COURT INVOLVEMENT.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7
(c), a beneficiary, or with respect to a charitable interest that is not entirely held by
or for the benefit of one or more identified and existing charitable organizations, the Attorney
General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise
of the decanting power is permitted under this chapter and consistent with the fiduciary duties
of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary
to determine whether the decanting power should be exercised under this chapter and to exercise
the decanting power; (3) approve an exercise of the...
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22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings conducted
by the probate judge in relation to a petition to commit any person to the custody of the
Alabama Department of Public Health or such other facility as the court may order, the following
rules shall apply: (1) The person sought to be committed shall be present unless, prior to
the hearing, the attorney for such person has filed in writing a waiver of the presence of
such person on the ground that the presence of such person would be dangerous to such person's
health or that such person's conduct could reasonably be expected to prevent the hearing from
being held in an orderly manner, and the probate judge has judicially found and determined
from evidence presented in an adversary hearing that the person proposed to be committed is
so mentally or physically ill as to be incapable of attending such proceedings. Upon such
findings, an order shall be entered approving the waiver. (2) The person...
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22-52-9
Section 22-52-9 Conduct of hearings. At all hearings, including probable cause hearings, conducted
by the probate judge in relation to a petition to involuntarily commit a respondent, the following
rules shall apply: (1) The respondent shall be present unless, prior to the hearing, the attorney
for the respondent has filed in writing a waiver of the presence of the respondent on the
ground that the presence of the respondent would be dangerous to the respondent's physical
or mental health or that the respondent's conduct could reasonably be expected to prevent
the hearing from being held in an orderly manner, and the probate judge has judicially found
and determined from evidence presented in an adversary hearing that the respondent is so mentally
or physically ill as to be incapable of attending such proceedings. Upon such findings an
order shall be entered approving the waiver. (2) The respondent shall have the right to compel
the attendance of any witness who may be located anywhere...
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27-2-26
Section 27-2-26 Witnesses and evidence for examination, investigation or hearing - Generally.
(a) As to the subject of any examination, investigation, or hearing being conducted by him,
the commissioner may subpoena witnesses and administer oaths or affirmations and examine any
individual under oath or take depositions and, by subpoena duces tecum, may require and compel
the production of records, books, files, documents, and other evidence. (b) Witness fees and
mileage, if claimed, shall be allowed the same as for testimony in a circuit court. Witness
fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses
and their testimony shall be itemized and shall be paid by the person being examined if in
the proceedings in which such witness is called such person is found to have been in violation
of the law or by the person, if other than the commissioner, at whose request the hearing
is held. (c) Subpoenas of witnesses shall be served in the same manner...
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32-6-18
Section 32-6-18 Penalties - Violations in general; disposition of funds. (a) Any person of
whom a driver's license is required, who drives a motor vehicle on a public highway in this
state without first having complied with this article or the rules and regulations promulgated
hereunder shall be guilty of a misdemeanor, and, upon conviction shall be punished by a fine
of not less than ten dollars ($10) nor more than one hundred dollars ($100), to be fixed in
the discretion of the judge trying the case. In addition to all fines, fees, costs, and punishments
prescribed by law, there shall be imposed or assessed an additional penalty of fifty dollars
($50). This additional penalty of fifty dollars ($50) imposed pursuant to this subsection
shall be assessed in all criminal and quasi-criminal proceedings in municipal, district, and
circuit courts, including, but not limited to, final bond forfeitures, municipal ordinance
violations wherein the defendant is adjudged guilty or pleads guilty,...
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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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9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations; hearings;
entry of orders by director; appeals from orders of director. (a) Whenever the director determines
that any operator has not complied with the provisions of this article and is therefore in
violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of such...
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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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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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22-1-7
Section 22-1-7 Procedure when county health officer, etc., resisted. If, in the attempt to
perform any duty enjoined by any public health law of the State of Alabama or rule or regulation
of the State Board of Health, the health or quarantine officer of a county, or his duly authorized
representative, shall be forcibly resisted or threatened with forceful resistance, such health
officer shall, after conference with the county board of health, if found necessary, make
affidavit before any judge of a circuit court, district court, municipal court or the judge
of probate of the municipality or county where such resistance occurs or is threatened, whereupon
the officer before whom said affidavit has been made shall forthwith issue his warrant directed
to the sheriff or to any bonded constable of said county, commanding said sheriff or constable
to remove or abate, under the direction of said health officer, said insanitary condition,
or source of infection or offensive or indecent material...
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