|
34-17A-17
Section 34-17A-17 Judicial review. (a) A person who has exhausted all administrative
remedies available within the board and who is aggrieved by a final decision of the board
is entitled to judicial review. A preliminary, procedural, or intermediate board action or
ruling is immediately reviewable only if review of the final board action would not provide
an adequate remedy. (b) A proceeding for review is instituted by filing a petition in the
Circuit Court of Montgomery County within 30 days after service of the final decision of the
board. Copies of the petition for review shall be served upon the board and the parties of
record. (c) The filing of the petition does not stay enforcement of the decision of the board.
The board may grant, or the reviewing court may order, a stay upon appropriate terms. (d)
The review shall be conducted by the court without a jury and shall be confined to the record.
(e) The court shall not substitute its judgment for that of the board as to the weight...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-17A-17.htm - 2K - Match Info - Similar pages
9-17-15
Section 9-17-15 Judicial review of rules, regulations or orders. Any interested person
aggrieved by any rule, regulation or order made or promulgated by the board under this article
and who may be dissatisfied therewith shall, within 30 days from the date said order, rule
or regulation was promulgated, have the right, regardless of the amount involved, to institute
a civil action by filing a complaint in the circuit court of the county in which all or part
of the aggrieved person's property affected by any such rule, regulation or order is situated
to test the validity of said rule, regulation or order promulgated by the board. Such civil
action shall be advanced for trial and be determined as expeditiously as feasible, and no
postponement or continuance thereof shall be granted except for reasons deemed imperative
by the court. In such trials the validity of any rule, regulation or order made or promulgated
under this article shall be deemed prima facie valid, and the court shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-15.htm - 1K - Match Info - Similar pages
22-21-26
Section 22-21-26 License - Judicial review of suspension or revocation. Any party aggrieved
by a final decision or order of the Board of Health suspending or revoking a license is entitled
to a review of such decision or order by taking an appeal to the circuit court of the county
in which the hospital is located or is to be located. (Acts 1949, No. 530, p. 835, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-26.htm - 677 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-13-31.htm - 2K - Match Info - Similar pages
34-14A-8
Section 34-14A-8 Revocation, etc., of license; consumer complaint; hearing; appeal;
reissuance; fines. (a) The board may levy and collect administrative fines not to exceed five
thousand dollars ($5,000) for each violation or revoke or suspend the license of any licensee
who, in the opinion of the board, has committed fraud or deceit in obtaining a license required
by this chapter, who has been guilty of gross negligence, incompetence, or misconduct in the
practice of residential home building, who has engaged in the business of residential home
building outside the scope of the license, or who has violated this chapter or a board rule.
Should the board establish or adopt, or both, standards of practice for residential home builders
within the state, as provided in Section 34-14A-12, the board may suspend the license
of any licensee who, in the opinion of the board, has committed a violation of the standards
of practice and may impose any other disciplinary sanctions authorized...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14A-8.htm - 4K - Match Info - Similar pages
34-25-35
Section 34-25-35 Refusal, suspension, reprimand, probation, or revocation - Judicial
review. Any person dissatisfied with the action of the board in refusing his application or
suspending or revoking his license, or any other action of the board, may appeal the action
of the board by filing a petition within 30 days thereafter in the circuit court in the county
where the person resides or in the Circuit Court of Montgomery County, Alabama, and the court
is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing
upon 10-days' written notice to the board and the attorney representing the board. The court
in which the petition of appeal is filed shall determine whether or not a cancellation or
suspension of a license shall be abated until the hearing shall have been consummated with
final judgment thereon or whether any other action of the board should be suspended pending
hearing, and enter its order accordingly, which shall be operative when served...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-25-35.htm - 1K - Match Info - Similar pages
34-39-12
Section 34-39-12 Denial or suspension of license; probationary conditions; hearing;
reinstatement. (a) The board shall, after notice and opportunity for hearing, have the power
to deny or refuse to renew a license, or may suspend or revoke a license, or may impose probationary
conditions, where the licensee or applicant for license has been guilty of unprofessional
conduct which has endangered or is likely to endanger the health, welfare, or safety of the
public. Such unprofessional conduct includes: (1) Obtaining or attempting to obtain a license
by fraud, misrepresentation, or concealment of material facts; (2) Being guilty of unprofessional
conduct as defined by the rules established by the board; (3) Violating any lawful order,
rule, or regulation rendered or adopted by the board; (4) Being convicted of a crime other
than minor offenses defined as "minor misdemeanors," "violations," or
"offenses" in any court if the acts for which he or she was convicted are found
by the board to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-39-12.htm - 2K - Match Info - Similar pages
34-7B-11
Section 34-7B-11 Findings, orders of board; appeals. (a) Any finding or order of the
board, obtained pursuant to an inquiry or hearing conducted either by the board or a hearing
officer on behalf of the board shall be deemed the finding or order of the board when approved
and confirmed by a majority of the members of the board. (b) Any provision of law to the contrary
notwithstanding, a person who has exhausted all administrative remedies available through
the board, other than a rehearing, and who has been aggrieved by a final decision in a contested
case, may appeal pursuant to Section 41-22-20. A decision by the board to revoke or
suspend a license or permit, or to otherwise restrict or discipline a licensee, shall be subject
to provisions regarding stays as provided in subsection (c) of Section 41-22-20. All
appeals shall be filed in the Circuit Court of Montgomery County. (Act 2013-371, p. 1330,
§2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-7B-11.htm - 1K - Match Info - Similar pages
25-4-95
Section 25-4-95 Appeals from final decisions of board of appeals or appeals tribunal.
Within 30 days after the decision of the board of appeals has become final, any party to the
proceeding including the secretary who claims to be aggrieved by the decision may secure a
judicial review thereof by filing a notice of appeal in the circuit court of the county of
the residence of the claimant; except, that if the claimant does not reside in this state
at the time the appeal is taken, the notice of appeal shall be filed in the circuit court
of the county in this state in which the claimant last resided, or in the circuit court of
the county in this state wherein the claimant last worked. In such action, the notice of appeal
need not be verified, but shall state the grounds upon which a review is sought. A copy shall
be served upon the secretary or upon such person as the secretary may designate (and for the
purpose hereof, mailing a copy addressed to the secretary at Montgomery by registered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-95.htm - 3K - Match Info - Similar pages
34-20-5
Section 34-20-5 Board of Examiners of Nursing Home Administrators - Functions, powers,
and duties. (a) It shall be the function and duty of the board to: (1) Develop, impose, and
enforce standards which must be met by individuals in order to receive a license as a nursing
home administrator, which standards shall be designed to insure that nursing home administrators
will be individuals who are of good character and are otherwise suitable and who, by training
or experience in the field of institutional administration, are qualified to serve as nursing
home administrators; (2) Develop and apply appropriate techniques, including examinations
and investigations, for determining whether an individual meets such standards; (3) Issue
licenses to individuals determined, after application of such techniques, to meet such standards,
and revoke or suspend licenses previously issued by the board in any case where the individual
holding any such license is determined substantially to have failed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-20-5.htm - 3K - Match Info - Similar pages
|