4-6-10
Section 4-6-10 Powers and duties of administrative agency; procedure and records of official
actions of agency. (a) All airport zoning regulations adopted under this chapter shall provide
for an administrative agency to have and exercise the following powers: (1) To hear and decide
any special exceptions to the terms of the airport zoning regulations upon which such agency
may be required to pass under such regulations. (2) To authorize in specific cases such variance
from the terms of the ordinance as will not be contrary to the public interest, where, owing
to special conditions, a literal enforcement of the provisions of the ordinance will result
in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial
justice done. (b) The agency shall not be required to return the original papers acted upon
by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions
thereof as may be called on by such writ. The return...
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40-9F-35
Section 40-9F-35 Appeals. Owners or their duly authorized representatives may appeal any state
official decision, including all preliminary or final reservations, approvals, and denials,
made by the commission, committee or the department with regard to an application and rehabilitation
plan submitted under Section 40-9F-32, in accordance with the Alabama Administrative Procedure
Act contained in Chapter 22 of Title 41. Appeals shall constitute an administrative review
of the decision appealed from and shall not be conducted as an adjudicative proceeding. Appeals
shall be submitted within 30 days of receipt by the owner or the owner's duly authorized representative
of the decision that is the subject of the appeal. (Act 2017-380, §6.)...
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40-9F-6
Section 40-9F-6 Appeals. Owners or their duly authorized representatives may appeal any state
official decision, including all preliminary or final reservations, approvals, and denials,
made by the commission or the department with regard to an application and rehabilitation
plan submitted under Section 40-9F-3, in accordance with the Alabama Administrative Procedure
Act contained in Chapter 22 of Title 41. Appeals shall constitute an administrative review
of the decision appealed from and shall not be conducted as an adjudicative proceeding. Appeals
shall be submitted within 30 days of receipt by the owner or the owner's duly authorized representative
of the decision that is the subject of the appeal. (Act 2013-241, p. 579, §6.)...
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34-24-367
Section 34-24-367 Judicial review; immediate effect of suspension or revocation of license;
venue. Judicial review of the orders and decisions of the Medical Licensure Commission shall
be governed by the provisions of Section 41-22-20 (the Alabama Administrative Procedure Act);
provided however, that the following procedures shall take precedence over the provisions
of Section 41-22-20(c) relating to the issuance of a stay of any order of the licensure commission
suspending or revoking a license to practice medicine. The suspension or revocation of a license
to practice medicine shall be given immediate effect, it being the expressly stated legislative
purpose and intent that the imposition of the penalty of suspension or revocation of a license
to practice medicine shall create a presumption that the continuation in practice of the physician
constitutes an immediate danger to the public health, safety, and welfare. No stay or supersedeas
shall be granted pending judicial review of a...
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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.)...
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41-22-2
Section 41-22-2 Legislative intent and purpose; effect on substantive rights; applicability;
rulemaking authority. (a) This chapter is intended to provide a minimum procedural code for
the operation of all state agencies when they take action affecting the rights and duties
of the public. Nothing in this chapter is meant to discourage agencies from adopting procedures
conferring additional rights upon the public; and, save for express provisions of this act
to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute
prescribing procedural duties for an agency which are in addition to those provided herein.
(b)(1) The purposes of the Alabama Administrative Procedure Act are to accomplish all of the
following: a. Provide legislative oversight of powers and duties delegated to administrative
agencies. b. Increase public accountability of administrative agencies. c. Simplify government
by assuring a uniform minimum procedure to which all agencies will be...
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34-27A-22
Section 34-27A-22 Revocation or suspension of license - Hearing; findings; judicial review
as to questions of law. (a) The hearing on the charges shall be at a time and place prescribed
by the board and in accordance with this article. (b) If the board determines that a licensed
real estate appraiser is guilty of a violation of this article, it shall prepare a finding
of fact and recommend that the appraiser be reprimanded or that his or her license be suspended
or revoked. The decision and order of the board shall be final. (c) Any final decision or
order of the board shall be reviewable by a court of appropriate jurisdiction as to the questions
of law only. Any application for review made by an aggrieved party shall be filed within 30
days after the final decision or order of the board. (d) If an application for review of a
final decision or order of the board is filed, the case shall be fixed for trial within 30
days from the filing of an answer by the board. If the court finds that...
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22-21-271.1
Section 22-21-271.1 Certificates of need - Fee increases. (a) Any law to the contrary notwithstanding,
the staff agency of the State Health Planning and Development Agency or its executive director
may not increase or set any fees otherwise authorized relating to the certificate of need
process pursuant to this article. (b) Any fee increase by the staff agency of the State Health
Planning and Development Agency or its executive director adopted after January 1, 1998, is
rescinded and shall not be operative unless readopted in accordance with this section. (c)
Any fee increase related to the certificate of need process of the State Health Planning and
Development Agency shall be adopted as a rule pursuant to the Alabama Administrative Procedure
Act, Chapter 22 of Title 41. (d)(1) For the purpose of this section, the term "State
Health Planning and Development Agency" means the CON review board which is defined as
the State Health Planning and Development Agency (SHPDA) in subdivision...
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26-23A-5
Section 26-23A-5 Publication of required materials. (a) The Department of Public Health shall
publish within 180 days after October 14, 2002, and shall update on an annual basis, the following
easily comprehensible printed materials: (1) Geographically indexed printed materials designed
to inform the woman of public and private agencies and services available to provide medical
and financial assistance to a woman through pregnancy, prenatal care, upon childbirth, and
while her child is dependent. The materials shall include a comprehensive list of the agencies,
a description of the services offered, and the telephone numbers and addresses of the agencies.
(2) The printed materials shall include a list of adoption agencies geographically indexed
and that the law permits adoptive parents to pay the cost of prenatal care, childbirth, and
neonatal care. (3) Printed materials that inform the pregnant woman of the probable anatomical
and physiological characteristics of the unborn child at...
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30-3-172
Section 30-3-172 Request for hearing; purpose of hearing; notification of decision; appeal;
suspension of license. (a) Upon receipt of a request for a hearing, the department shall schedule
a hearing for the purpose of determining if withholding, restricted use, or suspension of
the obligor's license is appropriate. The department shall stay withholding, restricted use,
or suspension of the license pending the outcome of the hearing. The hearing shall be for
the purpose of contesting the determination of the department of all of the following: (1)
That the obligor is at least six months delinquent in child support payments. (2) That the
obligor has not entered into a payment plan approved by the department. (3) If appropriate,
that the obligor has failed to comply with a warrant or subpoena relating to a paternity or
child support case. (4) That the withholding, restricted use, or suspension of the license
is appropriate. No evidence with respect to the appropriateness of the support...
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