22-52-8
Section 22-52-8 Holding of probable cause and final hearings generally. (a) When any
respondent sought to be committed has any limitation imposed upon his liberty or any temporary
treatment imposed upon him by the probate judge pending final hearings on such petition, the
probate judge, at the time such limitation or treatment is imposed, shall set a probable cause
hearing within seven days of the date of such imposition. If, at such probable cause hearing,
the probate judge finds that probable cause exists that the respondent should be detained
temporarily and finds that temporary treatment would be in the best interest of the respondent,
the probate judge shall enter an order so stating and setting the date, time and place of
a final hearing on the merits of such petition. (b) The final hearing shall be held within
30 days of the date that the respondent was served with a copy of the petition seeking to
commit the respondent. (c) If temporary treatment or admittance to a hospital is...
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22-11A-28
Section 22-11A-28 Commitment petition - Limitations placed upon liberty of person; probate
judge determination; standard for imposing limitations; probable cause hearing; temporary
treatment before final hearing. (a) When a petition has been filed, seeking to have limitations
placed upon the liberty of a person, pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which such person is located, to
serve a copy of the petition upon such person and to bring such person before the probate
judge instanter. When any such person against whom a petition has been filed, seeking to have
limitations placed upon such person'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 person sought to be committed and with other available persons,
what limitations, if any, shall be imposed upon such person's liberty and...
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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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22-52-92
Section 22-52-92 Applicability to counties. (a) This article shall not be applicable
to any county unless and until the judge of probate with the approval of the county commission
of that particular county makes a finding that there exists in the county provisions for implementation
of the community mental health officer program and the necessary facilities to detain persons
pursuant to this article. In that event, the judge of probate shall open a case under a docket
number and enter therein findings upon the records of the court which shall also expressly
state the intention thereby to invoke this article. Notification and a copy of the court's
findings and statement shall be served on all designated mental health facilities located
within the county, all law enforcement agencies within the county, the Commissioner of the
state Department of Mental Health, the state Attorney General, the Secretary of State, the
Governor of the State of Alabama, and any other persons deemed...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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12-15-407
Section 12-15-407 Probable cause hearings for temporary confinement of the minor or
child. (a) If the juvenile court finds it necessary to temporarily confine or restrain the
minor or child, pending final hearing upon a petition for mental commitment of the minor or
child in the custody of any person, department, or agency other than his or her parent, legal
guardian, or legal custodian, the juvenile court at the time the confinement is ordered shall
set the matter for a hearing within seven days to determine if probable cause exists that
the minor or child should be committed. At the probable cause hearing, the juvenile court
shall determine if it is necessary to continue the restraint or confinement pending the final
hearing. (b) Upon a finding of probable cause that the minor or child should be committed,
the juvenile court shall enter an order so stating and setting the date, time, and place of
the hearing on the merits of the petition. (c) The final hearing shall be held on the...
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22-52-9
Section 22-52-9 Conduct of hearings. At all hearings, including probable cause hearings,
conducted by the probate judge in relation to a petition to involuntarily commit a respondent,
the following rules shall apply: (1) The respondent shall be present unless, prior to the
hearing, the attorney for the respondent has filed in writing a waiver of the presence of
the respondent on the ground that the presence of the respondent would be dangerous to the
respondent's physical or mental health or that the respondent's conduct could reasonably be
expected to prevent the hearing from being held in an orderly manner, and the probate judge
has judicially found and determined from evidence presented in an adversary hearing that the
respondent is so mentally or physically ill as to be incapable of attending such proceedings.
Upon such findings an order shall be entered approving the waiver. (2) The respondent shall
have the right to compel the attendance of any witness who may be located anywhere...
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11-51-151
Section 11-51-151 Notice and hearings; granting of injunctive relief. Upon the filing
and presentation of a petition as authorized in this division, it shall be the duty of the
court to set a day for the hearing of the action upon not less than 10 nor more than 15 days'
notice thereof to be given the respondents, the notice to be in such form as the court may
direct, and at such hearing, upon reasonable cause, to grant a temporary restraining order
or preliminary injunction restraining the respondents from further operation or conduct of
the business, occupation, trade, or profession, and no bond shall be required of the petitioner
as a condition thereto. The court shall not grant a temporary restraining order or preliminary
injunction unless it has reasonable cause to believe that the respondent owes a debt to the
petitioner for a privilege or business license or excise tax and that the petitioner has complied
with Section 11-51-150. The court shall, upon final hearing, if the proof...
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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...
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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...
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