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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34-1-14
Section 34-1-14 Hearings; judicial review. (a) Commencement of proceeding. The board may initiate
proceedings under this chapter either on its own motion or on the complaint of any person.
(b) Notice; service and contents. A written notice stating the nature of the charge or charges
against the accused and the time and place of the hearing before the board on such charges
shall be served on the accused not less than 30 days prior to the date of said hearing either
personally or by mailing a copy thereof by registered or certified mail to the address of
the accused last known to the board. (c) Failure to appear. If, after having been served with
the notice of hearing as provided for herein, the accused fails to appear at said hearing
and defend, the board may proceed to hear evidence against him or her and may enter such order
as shall be justified by the evidence, which order shall be final unless he or she petitions
for a review thereof as provided herein; provided, that within 30...
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22-52-4
Section 22-52-4 Appointment of attorney and guardian ad litem for person sought to be committed;
statements, etc., of person in presence of judge, prior to obtaining services of attorney,
not to be considered by judge. (a) At the time when any petition has been filed seeking the
involuntary commitment of a respondent, the probate judge shall appoint a guardian ad litem
to represent and to protect the rights of the respondent, and shall determine if the respondent
has the funds with which to employ an attorney to represent the respondent and if the respondent
has the mental ability to secure the services of an attorney. If the respondent does not have
funds with which to employ an attorney or does not have the mental ability to secure the services
of an attorney, the probate judge shall appoint an attorney, who may be the same person as
the guardian ad litem, to represent the respondent. The probate judge shall immediately inform
the attorney so appointed of his appointment. (b) No...
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22-52-6
Section 22-52-6 Notification of Department of Mental Health and Mental Retardation or other
public facility of petition, date of final hearing, etc. (a) When a petition is filed seeking
the involuntary commitment of a respondent, the probate judge with whom the petition is filed
shall notify the department or designated mental health facility of the pendency of the petition
in the manner and with such other information as designated by the department. (b) The probate
judge shall notify the department or a designated mental health facility of the date of the
final hearing on the petition to commit. (Acts 1975, No. 1226, p. 2562, §7; Acts 1977, No.
670, p. 1143; Acts 1991, No. 91-440, p. 783, §7.)...
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22-52-3
Section 22-52-3 Service of petition and order setting petition for hearing upon person sought
to be committed; contents of notice. When any petition has been filed seeking the involuntary
commitment of a respondent and such petition has been reviewed by the probate judge, the probate
judge shall order the sheriff of the county in which the respondent is located to serve a
copy of the petition, together with a copy of the order setting the petition for a hearing,
upon the respondent. Said notice shall include the date, time and place of the hearing; a
clear statement of the purpose of the proceeding and the possible consequences to the subject
thereof; the alleged factual basis for the proposed commitment; a statement of the legal standards
upon which commitment is authorized; and a list of the names and addresses of the witnesses
who may be called to testify in support of the petition. The hearing shall be preceded by
adequate notice to the respondent. (Acts 1975, No. 1226, p. 2562,...
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39-7-5
Section 39-7-5 Summary proceedings for review, etc., of sufficiency of petition. The probate
or circuit court or any judge thereof within the county shall have summary jurisdiction upon
complaint of an elector to determine the sufficiency of the petition and shall make such order
as justice may require as to such sufficiency. Such summary proceeding shall be instituted
within 10 days after the petition is filed with the clerk or probate judge. (Acts 1935, No.
40, p. 72; Code 1940, T. 50, §21.)...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
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22-52-7
Section 22-52-7 Restrictions on imposition of limitations upon liberty of person sought to
be committed pending hearings; ordering, etc., of examinations of person sought to be committed;
supervision of temporary treatment. (a) When a petition has been filed seeking to have limitations
placed upon the liberty of a respondent pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which the respondent is located
to serve a copy of the petition upon the respondent and to bring the respondent before the
probate judge instanter. When any respondent against whom a petition has been filed seeking
to have limitations placed upon the respondent's liberty pending the outcome of a full and
final hearing on the merits is initially brought before the probate judge, the probate judge
shall determine from an interview with the respondent and with other available persons what
limitations, if any, shall be imposed upon the respondent's liberty...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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