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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
41-22-11
Section 41-22-11 Petition for declaratory ruling as to validity of rule, as to applicability
of any rule or statute enforceable by an agency, or as to meaning and scope of agency order;
form and contents; binding effect of agency ruling; effect of failure to issue ruling; judicial
review. (a) On the petition of any person substantially affected by a rule, an agency may
issue a declaratory ruling with respect to the validity of the rule or with respect to the
applicability to any person, property or state of facts of any rule or statute enforceable
by it or with respect to the meaning and scope of any order of the agency. The petition seeking
an administrative determination under this section shall be in writing and shall state with
particularity facts sufficient to show the person seeking relief is substantially affected
by the rule. Each agency shall prescribe by rule the form of such petitions and the procedure
for their submission, consideration and disposition, and shall prescribe...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-11.htm - 2K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-29-83.htm - 1K - Match Info - Similar pages
37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-38.htm - 10K - Match Info - Similar pages
37-15-10.2
Section 37-15-10.2 Violations; complaints; dispute and hearing; judicial review. (a) Any person
who violates this chapter may be reported to the authority for the alleged violation. (b)
The board shall develop and implement a process for the receipt of a complaint of a violation
of this chapter. The complaint must be made no later than 30 days after the known occurrence
of the violation. A complaint may be filed as information only and designated not to be pursued
under the enforcement provisions. (c) Upon receipt of a complaint of a violation of this chapter,
the administrator, operating on behalf of the authority, shall provide notice to the reported
violator advising that a complaint of violation has been made setting out the time and place
of the alleged violation, the identity of who reported the violation, his or her right to
file a written response within 14 days, and his or her right to appeal from an adverse decision.
(d) The administrator, acting on behalf of the authority,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-15-10.2.htm - 4K - Match Info - Similar pages
22-14-11
Section 22-14-11 Administrative action and judicial review. (a) In any proceeding under this
article: (1) For the issuance or modification of rules and regulations relating to control
or sources of ionizing radiation; (2) For granting, suspending, revoking or amending any license;
or (3) For determining compliance with rules and regulations of the agency, the agency shall
afford an opportunity for a hearing on the record upon the request of any person whose interest
may be affected by the proceeding and shall admit any such person as a party to such proceeding.
(b) Whenever the agency finds that an emergency exists requiring immediate action to protect
the public health and safety, the agency may, without notice or hearing, issue a regulation
or order reciting the existence of such emergency and requiring that such action be taken
as is necessary to meet the emergency. Notwithstanding any provision of this article, such
regulation or order shall be effective immediately. Any person to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-14-11.htm - 1K - Match Info - Similar pages
22-21-276
Section 22-21-276 Injunctive relief; issuance of license for inpatient beds or facilities in
violation of article prohibited; facilities in violation of article not to receive reimbursement
for services. (a) Injunctive relief against violations of this article or any reasonable rules
and regulations of the SHPDA may be obtained from the Circuit Court of Montgomery County,
Alabama, at the instance of the SHPDA, any holder of a certificate of need that is adversely
affected in the exercise of privileges thereunder by such violation or any member of the public
directly and adversely affected by such violation. Upon written request by the SHPDA, it shall
be the duty of the Attorney General of the State of Alabama to furnish such legal services
as may be appropriate and to prosecute such action for injunctive relief to an appropriate
conclusion. (b) The State Board of Health shall not issue a license to operate new inpatient
beds or any health care facility constructed, or acquired in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-276.htm - 1K - Match Info - Similar pages
34-8A-18
Section 34-8A-18 Penalties; review; disciplinary oversight of licensees; legal counsel. (a)
In addition to any other powers and functions which may be conferred upon it by law, the board
may issue an order assessing a civil penalty not less than five hundred dollars ($500) and
not more than five thousand dollars ($5,000) against any person who holds himself or herself
out to the public as a licensed professional counselor or associate licensed counselor or
who uses any title or description as prescribed in subdivisions (1) and (4) of Section 34-8A-2,
or who shall engage in the private practice of counseling and does not then possess in full
force and virtue a valid license to engage in private practice as a licensed professional
counselor or associate licensed counselor under this chapter. (b) In determining the amount
of any penalty, the board shall consider the seriousness of the violation, including any threat
to the health, safety, or welfare of the public, the unlawful gain or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-8A-18.htm - 2K - Match Info - Similar pages
5-17-8.1
Section 5-17-8.1 Investigatory and enforcement powers of administrator, board, designee, etc.
(a) The administrator or the administrator's designee, in consultation with the agency's legal
counsel acting under the administrator, may administer oaths and may examine under oath any
person whose testimony may be required on the examination of any credit union, or the examination
of any affiliate of a credit union, and shall have authority and power to compel the appearance
and attendance of any such person or the production of any records and documents of any credit
union or any affiliate of a credit union for the purpose of any examination. Attendance or
production may be enforced by order of the Circuit Court, 15th Judicial District. The production
of records, documents, or testimony, whether or not made under oath, by a credit union or
by any of its directors, officers, employees, advisors, consultants, attorneys, or accountants
made for, and at the request of, the administrator upon...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-17-8.1.htm - 4K - Match Info - Similar pages
24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-9-8.htm - 13K - Match Info - Similar pages
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