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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...
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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...
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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.)...
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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...
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...
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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...
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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...
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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...
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