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22-50-19
Section 22-50-19 Judicial review of final order or decision by department. Any person
who has been legally damaged by a final order or decision of the Mental Health Department
may have a review of such decision in the circuit court, provided a sworn complaint is filed
within 15 days of the date of such order or decision, charging that such order or decision
was arbitrary, illegal or capricious; and provided further that security be given to cover
court costs and costs of preparing the record of the proceedings before the Mental Health
Department, should the said order be upheld by the court. (Acts 1965, No. 881, p. 1649, §15;
Acts 1984, No. 84-242, p. 365, §1.)...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings
and final decisions in contested cases. (a) A person who has exhausted all administrative
remedies available within the agency, other than rehearing, and who is aggrieved by a final
decision in a contested case is entitled to judicial review under this chapter. A preliminary,
procedural, or intermediate agency action or ruling is immediately reviewable if review of
the final agency decision would not provide an adequate remedy. (b) All proceedings for review
may be instituted by filing of notice of appeal or review and a cost bond with the agency
to cover the reasonable costs of preparing the transcript of the proceeding under review,
unless waived by the agency or the court on a showing of substantial hardship. A petition
shall be filed either in the Circuit Court of Montgomery County or in the circuit court of
the county in which the agency maintains its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum
standards for civil commitment; appeals from orders of probate courts as to commitment. (a)
Any civil commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section,
the following words have the following meanings: (1) GRANDPARENT. The parent of a parent,
whether the relationship is created biologically or by adoption. (2) HARM. A finding by the
court, by clear and convincing evidence, that without court-ordered visitation by the grandparent,
the child's emotional, mental, or physical well-being has been, could reasonably be, or would
be jeopardized. (b) A grandparent may file an original action in a circuit court where his
or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild
or file a motion to intervene in any action when any court in this state has before it any
issue concerning custody of the grandchild, including a domestic relations proceeding involving
the parent or parents of the grandchild, for reasonable visitation rights with respect to
the grandchild if any of the following circumstances exist: (1) An action for...
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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
9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals
under this article shall be made as herein provided and in accordance with such general rules
and regulations as the regulatory authority may prescribe. These procedures shall take precedence
over the Alabama Administrative Procedure Act, which shall in no respect apply to proceedings
arising under this article. (1)a. A determination by the regulatory authority as specified
by law shall be made promptly and shall include a statement as to the action to be taken and
reasons therefor. Notice of the determination or decision shall be promptly given to the parties
involved by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-79.htm - 11K - Match Info - Similar pages
11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days
after receipt of written charges or a written appeal of an employee from a decision after
predisciplinary hearing, the board shall schedule and hold a public hearing in regard thereto
and render a decision. The board shall provide notice of the hearing to the mayor, the employee's
department head, and the city attorney. At the hearing, the employee shall be entitled to
be represented by an attorney of his or her choosing and expense. (b) If the regular status
employee appeals, no disciplinary action taken against the employee shall become final until
the board holds a hearing on the action. Provided however, suspensions with or without pay
in regard to seeking an employee's termination shall remain in effect until a final ruling
by the board unless otherwise ordered by the board. (c) All hearings before the board shall
be recorded and transcribed. In all cases, the decision of the board shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-44B-48.htm - 4K - 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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17A-50.10.htm - 4K - Match Info - Similar pages
45-17A-82.09
Section 45-17A-82.09 Disciplinary action. (a) The mayor or the head of the department
may discipline any employee pursuant to this part and the rules and regulations adopted by
the city council to implement this part. If a disciplinary action involves suspension without
pay, demotion, or dismissal, the mayor shall submit a written notice of the proposed action
to the board for regular status employees and to the city council for department heads and
to the employee giving the reason or reasons for the proposed action. The notice shall state
the reasons for the proposed disciplinary action of suspension without pay, demotion, or dismissal,
shall contain a short and plain statement of the facts showing the reasons for the proposed
disciplinary action, and shall inform the regular status employee that he or she has 10 days
to request, in writing, a pre-disciplinary hearing before the mayor. If the regular status
employee fails to request a pre-disciplinary hearing within 10 days from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17A-82.09.htm - 7K - Match Info - Similar pages
22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The
SHPDA, pursuant to the provisions of Section 22-21-274, shall prescribe by rules and
regulations the procedures for review of applications for certificates of need and for issuance
of certificates of need. Rules and regulations governing review procedures shall include,
but not necessarily be limited to, the following: (1) Agreement with other review agencies
for review procedures consistent with this article and federal regulations. (2) Application
procedures and forms of the application necessary to elicit and provide all necessary information
as required by the review criteria. (3) Establishment of a project review period of 90 days
from the date the state agency determines that the application is complete and notification
thereof is made to the applicant. The rules and regulations may provide for a period of not
more than 15 days for determination of the completeness of the application,...
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