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32-5A-308
Section 32-5A-308 Judicial review. Within 30 days of the issuance of the final determination
of the department following a hearing under Section 32-5A-307, a person aggrieved by the determination
shall have the right to file a petition in the circuit court of the county where the arrest
was made for judicial review. The appeal shall be taken by serving written notice of the appeal
upon the director, which service shall be made by delivering a copy of the notice to the director
in Montgomery, Alabama, and filing the original thereof with the clerk of the court to which
the appeal is taken. The court shall set the matter for hearing upon 30 days' written notice
to the director. At the hearing, the court may take testimony and examine the facts of the
case. After the hearing, the court may either reverse or sustain the final determination of
the department. The filing of a petition for judicial review shall not stay the suspension
order. (Acts 1996, No. 96-322, p. 388, §9; Act 99-598, p....
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22-11A-26
Section 22-11A-26 Commitment petition - Probate judge may take sworn testimony of petitioner;
petition without merit to be dismissed. When any petition is filed, seeking to commit any
person to the custody of the Alabama Department of Public Health, the probate judge shall
immediately review the petition and may require the petitioner to be sworn in and to answer,
under oath, questions regarding the petition and the person sought to be committed. If it
appears from the face of the petition or the testimony of the petitioner that the petition
is totally without merit, the probate judge may order the petition dismissed without further
proceedings. (Acts 1987, No. 87-574, p. 904, §26.)...
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22-52-35
Section 22-52-35 Appointment of special probate judges for consideration, hearing and entry
of orders pertaining to commitment or continued custody of certain persons committed or transferred
to facilities of Department of Mental Health; qualifications, powers, etc., of special probate
judges; conduct of hearings by special probate judges generally. (a) Upon application of the
commissioner or his designee, the Governor may appoint one or more special judges of probate
for the purpose of considering, hearing and entering appropriate orders with regard to the
commitment or continued custody of such persons who have been committed by any court of this
state to any facility pursuant to the provisions of Sections 15-16-24 and 15-16-40, accused
of a crime but not yet tried, or transferred to such facility on order of the Governor, pursuant
to the provisions of Article 4 of this chapter. (b) A special judge of probate appointed under
the provisions of this article shall be vested with all...
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22-11A-29
Section 22-11A-29 Commitment petition - Appointment of guardian ad litem and attorney. At the
time when any petition has been filed seeking to commit any person to the custody of the Alabama
Department of Public Health, the probate judge shall appoint a guardian ad litem to represent
and protect the rights of such person and shall determine if the person has the funds and
capacity to secure the services of an attorney to represent him. If the person does not have
the funds or capacity 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 him. (Acts
1987, No. 87-574, p. 904, §29.)...
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22-52-90
Section 22-52-90 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) DESIGNATED MENTAL HEALTH FACILITY. A mental health facility
other than a state mental health facility designated by the state Department of Mental Health
to receive persons for evaluation, examination, admission, detention, or treatment pursuant
to the commitment process. (2) COMMUNITY MENTAL HEALTH OFFICER. A person who acts as a liaison
between law enforcement and the general public, and who is regularly employed by a municipality
within the county or regularly employed by the county commission or any public body or agency,
including the state Department of Mental Health. A community mental health officer may be
employed jointly or in combination by two or more governments, entities, or agencies authorized
by the immediately preceding sentence. Notwithstanding the foregoing, a community mental health
officer shall not be an employee of the Department of Human...
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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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38-7-9
Section 38-7-9 License to operate or conduct child-care facility - Revocation or refusal to
renew license - Aggrieved party entitled to hearing; review of final decision or action of
department; bond; when decision may be set aside; section not applicable to boarding homes
and free homes. In the event a party or an applicant for a license or a licensee is denied
a license or a renewal of a license or has a license suspended or revoked for the operation
of a child-care facility required by this chapter to be licensed by the department, or in
the event an application for such a license or renewal of a license is not acted upon with
reasonable promptness, or in the event an approval required by this chapter to be issued by
the department is denied or revoked or unduly delayed, any aggrieved party may appeal to the
department for a fair hearing of his case. Notice and opportunity for a fair hearing and notice
of right to counsel shall be given the appellant by the department, and at this...
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22-52-1.1
Section 22-52-1.1 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) MENTAL
ILLNESS. A psychiatric disorder of thought and/or mood which significantly impairs judgment,
behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
Mental illness, as used herein, specifically excludes the primary diagnosis of epilepsy, mental
retardation, substance abuse, including alcoholism, or a developmental disability. (2) STATE
MENTAL HEALTH FACILITY. A mental health facility operated by the Alabama State Department
of Mental Health. (3) DESIGNATED MENTAL HEALTH FACILITY. A mental health facility other than
a state mental health facility designated by the State Department of Mental Health to receive
persons for evaluation, examination, admission, detention or treatment pursuant to the provisions
of this article. (4) COMMISSIONER. The Commissioner of the...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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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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