34-4-30
Section 34-4-30 Revocation or suspension - Procedure for hearings; immunity of board. (a) The board may administer oaths and prescribe all necessary and reasonable rules for the conduct of a hearing. The board may take testimony of any person by deposition, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure of courts of this state in civil cases. The fees and mileage shall be paid by the party at whose request the witness is subpoenaed. (b) If the board determines that the licensee is guilty under this chapter, his or her license may be suspended or revoked. (c) The affirmative vote of a majority of the board shall be necessary to revoke or suspend a license. (d) The board is declared to be a quasi judicial body, and the members or the employees of the board are granted immunity from civil liability and shall not be liable for damages therefrom when acting in the performance of their duties as described in this chapter. (Acts 1973, No. 811,...
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34-9-90
Section 34-9-90 Violations and penalties. Violation of any provision of this article shall subject the dentist to the penalties in Section 34-9-18, and no order imposing those penalties shall be made or entered except after notice and hearing by the board as provided by that section. Such order shall be subject to judicial review. (Act 2005-298, 1st Sp. Sess., p. 563, §12.)...
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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...
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41-9A-2
Section 41-9A-2 Use of order. (a) When applying for a license, an applicant may attach to the application a valid order of limited relief granted under Section 12-26-9. (b) An occupational licensing board may not automatically deny an application for a license or revoke an existing license because of a criminal conviction when a valid order of limited relief has been issued for the otherwise disqualifying conviction or convictions in question; provided, however, an occupational licensing board may consider the conduct underlying a conviction upon which an order of limited relief was granted and may deny, revoke, or suspend a license based on that underlying conduct. (c) This section does not apply to law enforcement employment, Alabama Peace Officers' Standards and Training Commission certification, or the issuance of drivers' licenses. (Act 2019-464, §12(b)-12(d).)...
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32-5A-308
Section 32-5A-308 Judicial review. Within 30 days of the issuance of the final determination of the department following a hearing under Section 32-5A-307, a person aggrieved by the determination shall have the right to file a petition in the circuit court of the county where the arrest was made for judicial review. The appeal shall be taken by serving written notice of the appeal upon the director, which service shall be made by delivering a copy of the notice to the director in Montgomery, Alabama, and filing the original thereof with the clerk of the court to which the appeal is taken. The court shall set the matter for hearing upon 30 days' written notice to the director. At the hearing, the court may take testimony and examine the facts of the case. After the hearing, the court may either reverse or sustain the final determination of the department. The filing of a petition for judicial review shall not stay the suspension order. (Acts 1996, No. 96-322, p. 388, §9; Act 99-598, p....
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses, etc.; hearing; fines. (a) The board may refuse to license any person or establishment for violation of this chapter. If the board refuses to issue, grant, or renew a license based on a violation of this chapter, including, but not limited to, violations listed in subsection (c), the licensee or prospective licensee may request a public hearing before the board to appeal the action of the board. The request for a public hearing shall be submitted to the board in writing within 14 calendar days after the date of the refusal. Upon request, the board shall provide the licensee or prospective licensee with 20 days' notice of the public hearing by United States certified mail. The public hearing shall be conducted pursuant to Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided by the board to any licensee for whom the board is considering the probation,...
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34-13A-7
Section 34-13A-7 Powers and duties of board. The board may do all of the following: (1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure. (2) Consistent with the laws of this state, adopt and revise rules as necessary to conduct its business, carry out its duties, and administer this chapter. (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the license of any applicant or genetic counselor, as applicable, pursuant to this chapter and conduct hearings in connection with those actions. (4) Conduct hearings on complaints concerning violations of this chapter, and any rule adopted pursuant to this chapter, and cause the prosecution and enjoinder of any violation. (5) Establish licensure, application, examination, certification, and other administrative fees as necessary. (6) Establish continuing education requirements. (7) Impose administrative fines, not to exceed one thousand dollars ($1,000) per violation, for a...
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34-21A-22
Section 34-21A-22 Complaint and regulation procedures. (a) The board shall establish procedures to process, review, and investigate reports and complaints of fraud, incompetence, misconduct, and dishonest or illegal acts of licensees in the performance of work covered under licenses of this board; and complaints supported by evidence shall be reviewed at a disciplinary hearing, which hearing shall be conducted in compliance with the provisions of the Alabama Administrative Procedure Act and held before the board. The board shall establish the procedures for such disciplinary hearings. A member of the board who has a conflict of interest concerning the parties involved or issues involved in the disciplinary hearing shall recuse himself or herself from the hearing and the disciplinary proceeding. (b) The board, upon its findings, may suspend or revoke the individual's license. (Act 99-571, p. 1265, §22; Act 2010-258, p. 453, §1.)...
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34-29-130
Section 34-29-130 Permit to purchase, possess, and use certain agents for euthanizing animals. (a) The State Board of Veterinary Medical Examiners, hereinafter called the board, shall adopt rules providing for the issuance of permits authorizing the purchase, possession, and use of sodium pentobarbital, sodium pentobarbital with lidocaine, or other similar agents at facilities approved by the board that are operated for the collection and care of stray, neglected, abandoned, or unwanted dogs and cats, or federally licensed wildlife rehabilitation centers, for the purpose of euthanizing injured, sick, or abandoned animals which are in their lawful possession. The rules shall set forth guidelines for the proper storage and handling of the substances and other provisions as may be necessary to ensure that these drugs are used solely for the purpose set forth in this section. The rules shall also provide for an application or inspection fee and an annual renewal fee. (b) Any facility...
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34-29-83
Section 34-29-83 Appeal of disciplinary action; stay of revocation. A person disciplined pursuant to this article may appeal to the Circuit Court of Montgomery County, notwithstanding the provisions of the Administrative Procedure Act. To do so, he or she shall file a petition in the circuit court within 30 days after notification of the decision of the board. The board has 15 days to enter an appearance and to file the record of the administrative proceedings. The court may affirm or set aside the decision of the board by judicial review. The license shall not be revoked pending appeal except in extraordinary circumstances as determined by the board, and approved by the circuit court in which the appeal is pending. (Acts 1986, No. 86-500, p. 956, §24; Acts 1997, No. 97-249, p. 431, §1.)...
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