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2-15-61
Section 2-15-61 Permits required for operation of livestock markets; applications; issuance;
revocation; appeals. (a) No person shall operate a livestock market in the State of Alabama
without first having obtained from the commissioner, as required by this division, an annual
permit therefor. (b) The application for such a permit shall be made upon forms furnished
by the department, which shall be verified by affidavit of the applicant which shall include
all of the following information: (1) The name and address of the applicant or applicants
and, if a corporation, its officers, and if a partnership, the names and addresses of its
partners. (2) The place where applicant proposes to operate a livestock market. (3) A description
of the property and facilities proposed to be used as a livestock market. (4) The kind of
livestock the applicant proposes to handle at the livestock market and the day or days of
the week the applicant proposes to conduct sales. (5) A financial statement of...
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34-21-2
Section 34-21-2 Board of Nursing generally. (a) There is created the Board of Nursing, which
shall be composed of 13 members to be appointed and have the duties and powers enumerated
in this section. The membership of the board shall be inclusive and reflect the racial, gender,
geographic, urban/rural, and economic diversity of the state. In order to insure continuity
of administration, the nine board members provided for by Section 3 of Act 427, Regular Session
1975, shall continue to serve to the completion of the term for which they are serving. The
Governor, within 60 days of January 1, 1984, shall appoint a tenth member who shall be a licensed
practical nurse for a term of four years from a list of nominees furnished him or her by the
Alabama Federation of Licensed Practical Nurses, Incorporated, or its successor organization.
As the terms of all board members expire, their successors shall be appointed for terms of
four years each. Vacancies in unexpired terms shall be filled in...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
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16-24B-5
Section 16-24B-5 Appeals. (a) All appeals of a final decision from the expedited evidentiary
hearing shall lie with the Alabama Court of Civil Appeals. An appeal shall be filed within
14 days after the receipt of the final written decision of the circuit judge or the mediator.
An appeal by either party shall be perfected by filing a written notice of appeal with the
clerk of the Court of Civil Appeals within 14 days after the receipt of the final written
decision of the circuit judge or the mediator by the party. Failure to file a timely notice
of appeal shall render the decision of the circuit judge or the mediator final. Within 28
days after an appeal is filed, the chief executive officer shall transmit the record to the
clerk. Failure of the chief executive officer to timely transmit a full and accurate record
to the clerk shall result in a favorable decision being entered by the court for the contract
principal. (b) The decision of the circuit judge or the mediator shall be...
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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...
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34-4-33
Section 34-4-33 Revocation or suspension - Notice of appeal; decision stayed; record and complaint
filed; procedures; costs. (a) Findings of the board with regard to the suspension or revocation
of a license or the imposition of an administrative fine shall be final unless within 30 days
after the date of the final order of the board, the applicant, or otherwise known as the accused,
whether an individual or a corporation registered in Alabama, files a notice of appeal in
the Circuit Court of Montgomery County. A party appealing a decision shall post a two hundred
dollar ($200) appeal bond with the clerk of the circuit court. The circuit clerk shall notify
the board of the appeal after the clerk has approved the appellant's bond. (b) An appeal does
not act as supersedeas, but the decision of the board may be stayed by the court pending the
appeal. (c) The board shall within 30 days of service of the notice of appeal, or within the
additional time as the court may allow, file the record...
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37-1-124
Section 37-1-124 Proceedings on appeal. The commission's order shall be taken as prima facie
just and reasonable. 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 title
and affecting the order, ruling or award appealed from, but the court shall otherwise hear
the case upon the certified record and shall set aside the order if the court finds that:
(1) The commission erred to the prejudice of appellant's substantial rights in its application
of the law; or (2) The order, decision or award was procured by fraud or was based upon a
finding of facts contrary to the substantial weight of the evidence. However, the court may,
instead of setting aside the order, remand the case to the commission for further proceedings
in conformity with the direction of the court. The court may, in advance of judgment and upon
a sufficient showing, remand the case to the commission for the purpose of...
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22-6-225
Section 22-6-225 Denial of claims; grievances and appeals. (a) The Medicaid Agency shall establish
by rule procedures for safeguarding against wrongful denial of claims and addressing grievances
of enrollees in an integrated care network. (b) If a patient or the provider is dissatisfied
with the decision of an integrated care network, the patient or provider may file a written
notice of appeal to the Medicaid Agency. The Medicaid Agency shall adopt rules governing the
appeal, which shall include a full evidentiary hearing and a finding on the record. The Medicaid
Agency's decision shall be binding upon the integrated care network. However, a patient or
provider may file an appeal in circuit court in the county in which the patient resides, or
the county in which the provider provides services. (c) The Medicaid Agency shall by rule
establish procedures for addressing grievances and appeals of the integrated care network.
The appeal procedure shall include an opportunity for a fair...
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12-20-50
Section 12-20-50 Establishment or restoration of lost, etc., records of state, county, or municipality.
The circuit courts of this state shall have jurisdiction of an action by the state, a county
or municipality or any citizen who will give security for the costs of the proceeding to establish
or restore any lost, mislaid, destroyed or mutilated records of the state, county or municipality,
or of any department, agency or instrumentality thereof. Such courts shall have jurisdiction
and power to prescribe all necessary rules, regulations and proceedings proper or necessary
to establish or restore lost, mislaid, destroyed or mutilated records and, when so established
or restored, to declare them to be the proper and legal records as the original which was
so lost, mislaid, destroyed or mutilated. The proceedings shall be ex parte, and any citizen
of the state who will give security for the costs of the appeal may appeal from the order,
judgment or decision of the circuit court...
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