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19-3-38
Section 19-3-38 Admissibility of evidence at hearings; exceptions; appeals. Upon a hearing
before the register or clerk under any of the provisions of this article, any competent legal
evidence, written or oral, may be received. All such evidence must be noted and oral testimony
reduced to writing by the register or clerk. Within 10 days thereafter, either party may file
exceptions to the action or conclusion of the register or clerk, and may have the same reviewed
by the circuit judge upon 10 days' notice to the other party, such review to be without any
presumption in favor of the correctness of the action or conclusion of the register or clerk.
From the decision of the circuit judge thereon an appeal lies to the court of civil appeals
or the supreme court within 42 days. (Code 1896, §4170; Code 1907, §6072; Code 1923, §10409;
Code 1940, T. 58, §26.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3-38.htm - 1K - Match Info - Similar pages
22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum
standards for civil commitment; appeals from orders of probate courts as to commitment. (a)
Any civil commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-37.htm - 5K - Match Info - Similar pages
2-27-9
Section 2-27-9 Registration, application, and fees; registration powers of commissioner;
appeal and review. (a) Every pesticide or device which is distributed, sold, or offered for
sale within this state or delivered for transportation or transported in intrastate commerce
or between points within this state through any point outside this state shall be registered
with the commissioner upon application forms prescribed and furnished by the commissioner,
and such registration or registrations shall be renewed during the registrant's renewal year,
due January 1 of the renewal year. The applicant shall pay a biennial registration fee established
by the Board of Agriculture and Industries not to exceed six hundred dollars ($600). The fee
shall be paid according to the schedule in subsection (i). The fee shall accompany the application
for registration and be deposited to the credit of the Agricultural Fund of the State Treasury
for the exclusive benefit of the Pesticide Management Division...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-27-9.htm - 10K - Match Info - Similar pages
34-1-14
Section 34-1-14 Hearings; judicial review. (a) Commencement of proceeding. The board
may initiate proceedings under this chapter either on its own motion or on the complaint of
any person. (b) Notice; service and contents. A written notice stating the nature of the charge
or charges against the accused and the time and place of the hearing before the board on such
charges shall be served on the accused not less than 30 days prior to the date of said hearing
either personally or by mailing a copy thereof by registered or certified mail to the address
of the accused last known to the board. (c) Failure to appear. If, after having been served
with the notice of hearing as provided for herein, the accused fails to appear at said hearing
and defend, the board may proceed to hear evidence against him or her and may enter such order
as shall be justified by the evidence, which order shall be final unless he or she petitions
for a review thereof as provided herein; provided, that within 30...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-1-14.htm - 6K - Match Info - Similar pages
25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a)
Generally. The contributions, interest, and penalties required to be paid under this chapter
shall be a first and prior lien upon all property and rights to property, real or personal,
of any employer subject to this chapter. The lien shall arise at the time the contribution
report, or the payment of the contributions, as the case may be, was due to have been filed
with or made to the Department of Labor. The secretary may file in the office of the judge
of probate of any county in this state a certificate which shall show the name of the department
for which it is filed, the amount and nature of the contributions, interest, and penalties
for which a lien is claimed together with any costs that may have accrued, the name of the
employer against whose property a lien for such contributions, interest, and penalties is
claimed and the date thereof. An error in the certificate of the amount shall not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-134.htm - 18K - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
16-24B-5
Section 16-24B-5 Appeals. (a) All appeals of a final decision from the expedited evidentiary
hearing shall lie with the Alabama Court of Civil Appeals. An appeal shall be filed within
14 days after the receipt of the final written decision of the circuit judge or the mediator.
An appeal by either party shall be perfected by filing a written notice of appeal with the
clerk of the Court of Civil Appeals within 14 days after the receipt of the final written
decision of the circuit judge or the mediator by the party. Failure to file a timely notice
of appeal shall render the decision of the circuit judge or the mediator final. Within 28
days after an appeal is filed, the chief executive officer shall transmit the record to the
clerk. Failure of the chief executive officer to timely transmit a full and accurate record
to the clerk shall result in a favorable decision being entered by the court for the contract
principal. (b) The decision of the circuit judge or the mediator shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-24B-5.htm - 1K - Match Info - Similar pages
12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall
rule on the merits of the petition in accordance with subsection (d) within 90 calendar days
of the date the petition was filed. The court, for good cause, may extend the time within
which it must rule on the petition by order entered prior to the expiration of the initial
90-day period. (b) If the court determines that a hearing is not necessary, the court may
rule without a hearing. (c) If a hearing is held, the hearing shall be conducted in a manner
prescribed by the trial judge and may include oral argument and review of relevant documentation
in support of, or in objection to, the granting of the petition. Leave of the court shall
be obtained for the taking of witness testimony relating to any disputed fact. (d) In ruling
on the petition, the court may consider the following factors, in addition to the information
contained in the postsentence report: (1) The nature and seriousness of the offense....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing
authority may dismiss or demote an employee holding permanent status for just cause whenever
he or she considers the good of the service will be served thereby, for reason stated in writing,
served on the affected employee, and a copy furnished to the director, which action shall
become a public record. The dismissed or demoted employee may within 10 days after notice,
appeal from the action of the appointing authority by filing with the board and the appointing
authority a written answer to the charges. The board shall order a public hearing of such
charges. The hearing shall be before a panel of three attorneys randomly selected by the presiding
Judge of Probate of Jefferson County from a list of attorneys who are licensed to practice
law in this state and who are otherwise qualified in the opinion of the judge of probate to
hear the appeal. The panel shall hear testimony offered in support and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-121.19.htm - 6K - Match Info - Similar pages
27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken
only from an order on hearing, or as to a matter on which the commissioner has refused or
failed to hold a hearing after demand therefor under Section 27-2-28 or as to a matter
as to which the commissioner has refused or failed to make his order on hearing as required
by Section 27-2-31. Any person who was a party to such hearing or whose pecuniary interests
are directly and immediately affected by any such refusal or failure to grant or hold a hearing
and who is aggrieved by such order, refusal, or failure may appeal from such order or as to
any such matter within 30 days after: (1) The order on hearing has been mailed or delivered
to the persons entitled to receive the same; (2) The commissioner's order denying rehearing
or reargument has been so mailed or delivered; (3) The commissioner has refused or failed
to make his order on hearing as required under Section 27-2-31; or (4) The commissioner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-2-32.htm - 4K - Match Info - Similar pages
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