45-49A-63.194
Section 45-49A-63.194 Appeals from board decisions. (a) Within 10 days after any final
decision of the board, the city or any person aggrieved at the decision of the board may appeal
the decision to the Circuit Court of Mobile County by filing a notice and request for an appeal
with the clerk of the circuit court and serving notice of the appeal upon any member of the
board. The appeal shall be heard at the earliest possible date by a judge sitting without
a jury. It shall not be necessary to enter exceptions to the rulings of the board and no bond
shall be required for such an appeal. (b) The circuit court appeal shall not constitute a
proceeding de novo; instead, the court shall review the board's decision using the same standard
of review the court uses in deciding common law writs of certiorari. (c) An appeal may be
taken from any decision of the circuit court to the court of appeals or the Supreme Court
of Alabama as now provided by law, under the same standard of review...
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40-18-104
Section 40-18-104 Hearing procedure. (a) When the claimant agency receives a protest
or application in writing from a taxpayer within 30 days of the notice issued by the department
pursuant to subsection (c) of Section 40-18-103, the claimant agency shall set a date
to hear the protest and give notice to the taxpayer by registered or certified mail of the
date so set. The time and place of such hearing shall be designated in such notice and the
date set shall not be less than 15 days from the date of such notice. If, at hearing, the
sum asserted as due and owing is found not to be correct, an adjustment to the claim may be
made. The claimant agency shall give notice to the debtor of its final determination and inform
the debtor of his right to appeal such final determination as provided in subsection (c) of
this section. (b) No issues shall be reconsidered at the hearing which have been previously
litigated. (c) If any debtor is dissatisfied with the final determination made at the...
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45-49-40.16
Section 45-49-40.16 Hearings. (a) No action in refusing to issue or renew or in suspending
or revoking a license for any of the causes enumerated in Section 45-49-40.15 shall
be taken until the accused has been furnished with a statement of the specific charges against
him or her and notice of the time and place of hearing thereof. The accused may be present
at the hearing in person and may be represented by counsel if he or she so desires. Statement
of the charges and notice thereof shall be served personally upon such person, or mailed to
his or her last known address at least 10 days prior to the hearing. If upon such hearing
the board finds the charges to be true, it may refuse to issue or renew a license or may revoke
or suspend such license if the same has been issued. (b) It shall be the duty of the board
to subpoena witnesses other than character witnesses, for or against the accused upon written
request and affidavit that their testimony is necessary, and the production of...
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2-27-54
Section 2-27-54 License - Suspension, revocation or modification; appeals from actions
of commissioner. (a) The commissioner may suspend, pending inquiry, for not longer than 10
days and, after opportunity for a hearing, may revoke or modify the provision of any license
issued under this section if he finds that the licensee is no longer qualified, has
engaged in fraudulent business practices in the custom application of pesticides or has made
any custom application of pesticides in a faulty, careless or negligent manner or has violated
or fails or refuses to comply with any of the provisions and requirements of this article,
or regulations promulgated thereunder. (b) Any person aggrieved by any action of the commissioner
in refusing to issue a license or in revoking any license may obtain a review thereof by filing
an appeal to the board within 15 days after notice of denial or revocation of the license
has been received by the applicant or licensee, which appeal must be heard by the...
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22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
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34-13-31
Section 34-13-31 Appeal from decision of board. (a) Whenever, by decision, final order,
or other final determination upon any public hearing provided for by this chapter, a party
to such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery
County, Alabama. (b) On taking and perfecting an appeal to the Circuit Court of Montgomery
County, Alabama, the court shall proceed as in other cases. (c) All appeals shall be taken
within 30 days from the date of the order entered of the board which is the basis of the appeal
and shall be granted as a matter of right and be deemed perfected by filing with the board
a bond for security of costs of the appeal. Upon filing of a verified petition and hearing
thereon, the court, in its discretion, may stay the order appealed from pending final judicial
review. No new or additional evidence may be introduced in the circuit court except as to
fraud or misconduct of some person engaged in the administration of this chapter...
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45-28A-42.12
Section 45-28A-42.12 Appeals. An appeal may be taken from any decision of the civil
service board in the following manner: Within 10 days after any final decision of such board,
any party, including the governing body of the city, feeling aggrieved at the decision of
the board, may appeal from any such decision to the Circuit Court of the county. Upon the
filing of any such appeal, notice thereof shall be served upon any member of the board, and
a copy of the notice shall be served upon the appellee or his or her attorney, by the appellant.
Such appeal shall be heard at the earliest possible date by the court sitting without a jury,
unless a jury is demanded by the appellant at the time of filing of notice of appeal or by
the appellee within 10 days after notice of appeal has been served upon him or her. In event
either party demands a jury as provided above, the appeal shall be heard at the next regular
jury term of court and shall have priority over all other cases. No bonds shall be...
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45-28A-42.74
Section 45-28A-42.74 Appeals from decisions of board. Within 10 days after any final
decision of the board of trustees, any contributing member including the governing body of
such city, feeling aggrieved at the decision of the board of trustees may appeal from any
such decision to the circuit court of the county in which such city is located and such appeal
shall be heard by a judge sitting without a jury. Upon the filing of any such appeal, notice
thereof shall be served upon any member of the board of trustees by the appellant. Such appeal
shall be heard by the court at the earliest possible date, and it shall not be necessary on
any such appeal to enter exceptions to the rulings of the board of trustees and no bond shall
be required for such an appeal and such an appeal shall be effected by filing a notice and
request therefor by the appellant with the clerk of the court. An appeal may be taken from
any decision of such court to the court of appeals or the supreme court as now...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed
upon liberty of person pending appeal. An appeal from an order of the probate court granting
a petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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22-28-13
Section 22-28-13 Variances. (a) The commission may grant individual variances beyond
the limitations prescribed in this chapter whenever it is found, upon presentation of adequate
proof, that compliance with any rule or regulation, requirement or order of the commission
would impose serious hardship without equal or greater benefits to the public and the emissions
occurring, or proposed to occur, do not endanger or tend to endanger human health or safety,
human comfort and aesthetic values. In granting or denying a variance, the commission shall
file and publish a written opinion stating the facts and reasons leading to its decision.
(b) In granting a variance, the commission may impose such conditions as the policies of this
chapter may require. If the hardship complained of consists solely of the need for a reasonable
delay in which to correct a violation of this chapter or of the commission regulations, the
commission shall condition the grant of such variance upon the posting of...
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