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2-31-15
Section 2-31-15 Judicial review of ruling of commissioner; appeal from circuit court. Within
10 days after the conclusion of the hearing the commissioner shall notify all parties of his
ruling. Said notification shall be in writing. Within 30 days after notification any party
may appeal the commissioner's ruling to the Circuit Court of Montgomery County. The appeal
shall be heard only on the certified record of the hearing and the commissioner's ruling shall
be considered prima facie just and correct and shall not be overturned unless the circuit
court finds that the commissioner's action was arbitrary and capricious, not supported by
the weight of the evidence or that the commissioner erred to the prejudice of the appellant's
substantial rights in his application of the law. Appeals from action by the circuit court
shall be directly to the Alabama Court of Civil Appeals and no security for costs shall be
required of the commissioner. (Acts 1981, No. 81-391, p. 611, ยง15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-31-15.htm - 1K - 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
41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - 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
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-79.htm - 11K - Match Info - Similar pages
25-4-94
Section 25-4-94 Powers and duties of board of appeals for Department of Labor. (a) The board
of appeals for the Department of Labor, created by Section 25-2-12, may, on its own motion
at any time before a decision of an appeals tribunal becomes final, affirm, modify, or set
aside any such decision on the basis of the evidence previously submitted in such case, or
direct the taking of additional evidence, or may permit any party in interest to initate an
appeal to it. The board of appeals may remove to itself or transfer to another appeals tribunal
the proceedings on any claim pending before an appeals tribunal. The board of appeals shall
promptly notify in writing the parties to any proceedings of its findings and decision, together
with the reasons therefor. (b) Unless the application for appeal described in subsection (c)
of Section 25-4-92 is granted by the board of appeals within 10 days after its filing with
it, the applicant may, within the following 10 days, take an appeal from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-94.htm - 2K - Match Info - Similar pages
25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure risks.
An employer subject to this chapter may secure the payment of compensation under this chapter
by insuring and keeping insured his or her liability in some insurance corporation, association,
organization, insurance association, corporation, or association formed of employers and workers
or formed by a group of employers to insure the risks under this chapter, operating by mutual
assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance association,
organization, or corporation shall have first had its contract and plan of business approved
in writing by the Commissioner of the Department of Insurance of Alabama and have been authorized
by the Department of Insurance to transact the business of workers' compensation insurance
in this state and under the plan. Notwithstanding any other provision of the law to the contrary,
the obligations of employers under law for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-8.htm - 14K - Match Info - Similar pages
5-2A-63
Section 5-2A-63 Savings and Loan Board; appeals from orders, etc., of commissioner or board.
(a) There is hereby created a Savings and Loan Board, consisting of the Savings and Loan Commissioner,
who shall be the ex officio chairman of the board and four persons who shall be appointed
by the Governor and who shall be persons with actual practical experience for at least three
years in the operation and management of an institution of the savings and loan type. The
members of the board shall serve without compensation; except that members shall be paid their
travelling expenses in connection with the performance of their duties as members of the board
plus $10.00 per diem while engaged in the performance of such duties. Such travelling expenses
shall be paid out of the treasury. The board shall have such rights, powers and privileges
and shall be subject to such duties as are provided by Chapter 16 of this title. The board
shall maintain in the office of the commissioner permanent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-2A-63.htm - 4K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-120.33.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-40.16.htm - 2K - Match Info - Similar pages
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