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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-4.htm - 9K - Match Info - Similar pages
45-17A-50.10
Section 45-17A-50.10 Finality of disciplinary action; record of hearing and determination;
procedures of hearings; review. (a) No disciplinary action taken against a regular status
employee, except a head of a department, that involves suspension without pay, demotion, dismissal,
or any other action as defined by the implementing rules and regulations shall become final
until the board holds a hearing on the action, if the employee appeals the action in writing
to the board within 10 calendar days of receipt of written notification of the action to be
taken by the mayor. Within 30 calendar days after receipt of the written appeal of the employee,
the board shall schedule and hold a public hearing on the appeal and render a decision. (b)
All hearings before the board shall be recorded and transcribed. In all cases, the decision
of the board shall be reduced to writing and entered in the record of the case. The board
may in its decision uphold the action by the mayor, modify the action,...
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45-49-40.16
Section 45-49-40.16 Hearings. (a) No action in refusing to issue or renew or in suspending
or revoking a license for any of the causes enumerated in Section 45-49-40.15 shall be taken
until the accused has been furnished with a statement of the specific charges against him
or her and notice of the time and place of hearing thereof. The accused may be present at
the hearing in person and may be represented by counsel if he or she so desires. Statement
of the charges and notice thereof shall be served personally upon such person, or mailed to
his or her last known address at least 10 days prior to the hearing. If upon such hearing
the board finds the charges to be true, it may refuse to issue or renew a license or may revoke
or suspend such license if the same has been issued. (b) It shall be the duty of the board
to subpoena witnesses other than character witnesses, for or against the accused upon written
request and affidavit that their testimony is necessary, and the production of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-40.16.htm - 2K - Match Info - Similar pages
22-19-161
Section 22-19-161 Definitions. In this article: (1) "Adult" means an individual who
is at least 18 years of age. (2) "Agent" means an individual: (A) authorized to
make health care decisions on the principal's behalf by a power of attorney for health care;
or (B) expressly authorized to make an anatomical gift on the principal's behalf by any other
record signed by the principal. (3) "Anatomical gift" means a donation of all or
part of a human body to take effect after the donor's death for the purpose of transplantation,
therapy, research, or education. (4) "Coroner" means an elected or appointed official
who determines, with the assistance of other forensic scientists and investigators, the cause,
manner, and circumstances surrounding death. (5) "Decedent" means a deceased individual
whose body or part is or may be the source of an anatomical gift. The term includes a stillborn
infant and, subject to restrictions imposed by law other than this article, a fetus. (6) "Disinterested...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-19-161.htm - 7K - Match Info - Similar pages
34-1A-7
Section 34-1A-7 Licenses - Required. (a) Effective January 1, 1998, it shall be unlawful for
any person or business entity to engage in a business regulated by this chapter in this state
without a current valid license or in violation of this chapter and applicable rules and regulations
of the board. (b) Effective January 1, 1998, it shall be unlawful for a person or business
entity not licensed under this chapter to advertise or hold out to the public that he or she
is a licensee of the board. (c) Any person or business entity who violates this chapter or
any order, rule, or regulation of the board shall be guilty of a Class A misdemeanor, and
for each offense for which he or she is convicted shall be punished as provided by law. (d)
Effective January 1, 1998, it shall constitute a Class A misdemeanor to willfully or intentionally
do any of the following: (1) Obliterate the serial number on an alarm system for the purpose
of falsifying service reports. (2) Knowingly and deliberately...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-1A-7.htm - 7K - Match Info - Similar pages
34-2A-12
Section 34-2A-12 Renewal, expiration of license; inactive status; maintenance of records; continuing
education. (a) Every individual who holds a valid current license as an assisted living administrator
issued by the board under this chapter shall immediately upon issuance have the right and
privilege of acting and serving as an assisted living administrator and of using the abbreviation
"A.L.A." after his or her name. Thereafter, the individual shall annually be required
to make application to the board for a renewal of license and to report any facts requested
by the board on forms provided for that purpose. (b) Upon making application for a renewal
of a license, the individual shall pay an annual license fee established as determined by
the board pursuant to the rule-making authority and, at the same time, shall submit evidence
satisfactory to the board that during the year immediately preceding application for renewal
he or she has complied with the requirements of the board...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-2A-12.htm - 4K - Match Info - Similar pages
34-43-15
Section 34-43-15 Complaints; grounds for suspension; revocation, etc., of license; penalties;
rulemaking authority. (a) Any person may file with the board a written and signed complaint
regarding an allegation of impropriety by a licensee, establishment, or person. Complaints
shall be made in the manner prescribed by the board. Complaints received by the board shall
be referred to a standing investigative committee consisting of a board member, the Executive
Director, the board attorney, and the board investigator. If no probable cause is found, the
investigative committee may dismiss the charges and prepare a statement, in writing, of the
reasons for the decision. (b) If probable cause is found, the board shall initiate an administrative
proceeding. Upon a finding that the licensee has committed any of the following instances
of misconduct, the board may suspend, revoke, or refuse to issue or renew a license or impose
a civil penalty after notice and opportunity for a hearing pursuant...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-43-15.htm - 5K - Match Info - Similar pages
26-2B-210
Section 26-2B-210 Information to be submitted to court. (a) Except as otherwise provided in
this section, each party, in its first pleading or in an attached affidavit, shall give information,
if reasonably ascertainable, under oath as to the respondent's present address or whereabouts
and the places and addresses where the respondent has lived during the last five years. The
pleading or affidavit must state whether the party: (1) Has participated, as a party or witness
or in any other capacity, in any other proceeding concerning the guardianship or conservatorship
of the respondent and, if so, identify the court, the case number, and the date of the guardianship
or conservatorship determination, if any; (2) Knows of any proceeding that could affect the
current proceeding, including, but not limited to, proceedings for the establishment, modification,
termination, or enforcement of a protective order, and, if so, identify the court, the case
number, and the nature of the proceeding;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-210.htm - 3K - Match Info - Similar pages
34-14C-6
Section 34-14C-6 Denial, suspension, or revocation of license; hearing; notice, penalties;
appeal. (a) The board may deny, suspend, or revoke a license as provided in this section.
(b) A license may not be denied, suspended, or revoked except by majority vote of the board
and with prior notice and opportunity for hearing in accordance with this chapter and the
Alabama Administrative Procedure Act. (c) The board may institute a hearing for denial, suspension,
or revocation of a license or any person may file a written complaint with the board seeking
the denial, suspension, or revocation of an application for licensure or license issued by
the board or the investigation of any unlicensed person or entity providing home medical equipment
services. The complaint shall be in a form prescribed by the board. (d) A copy of the charges,
including notice of the time and place of hearing, shall be served by certified mail, return
receipt requested, at least 21 days before the scheduled hearing...
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