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26-2B-201
Section 26-2B-201 Definitions; significant connection factors. (a) In this article, the following
terms shall have the following meanings: (1) EMERGENCY. A circumstance that likely will result
in substantial harm to a respondent's health, safety, or welfare, and for which the appointment
of a guardian is necessary because no other person has authority and is willing to act on
the respondent's behalf. (2) HOME STATE. The state in which the respondent was physically
present, including any period of temporary absence, for at least six consecutive months immediately
before the filing of a petition for a protective order or the appointment of a guardian; or
if none, the state in which the respondent was physically present, including any period of
temporary absence, for at least six consecutive months ending within the six months prior
to the filing of the petition. (3) SIGNIFICANT-CONNECTION STATE. A state, other than the home
state, with which a respondent has a significant connection...
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34-11-11.2
Section 34-11-11.2 Complaints; investigation; hearing; sanctions. (a) Any person or entity,
including the board or its staff, may file a complaint alleging a violation of this chapter
against any individual licensee, certified intern, or firm holding a certificate of authorization
or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed
by the complainant, shall state specifically the facts on which the complaint is based, and
shall be filed with the executive director of the board. (b) The board may designate one or
more individuals to investigate and report to it on any matter related to its lawful duties
and may employ legal counsel as the board may deem necessary or desirable. An investigation
may be made upon receipt of a complaint. The board may resolve violations by agreement between
the board and the respondent with or without the filing of formal charges. (c) All complaints
shall be reviewed by an investigative committee designated by the...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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11-50B-8
Section 11-50B-8 Meetings, hearings, etc., open to public; notice; petition; election; procedure.
(a) Actions of the governing body of a public provider relating to the provision of cable
service or telecommunications service by the public provider, shall be taken in meetings open
to the public consistent with any one or more of Sections 11-43-49, 11-43A-21, 11-44C-25,
and 13A-14-2, as amended, respectively, or other similar statutory provisions, as shall otherwise
govern meetings of the governing body of the affected public provider. (b) Prior to the determination
of the governing body of a public provider of cable service to commence furnishing cable service
to subscribers in the exercise of authority granted under this chapter, the governing body
of the public provider shall conduct a public hearing. Actual notice of the date, time, and
place of the public hearing shall be given not less than 30 days prior thereto, to each private
provider furnishing cable service in the...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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15-23-10
Section 15-23-10 Compensation for economic loss resulting from criminal conduct - Hearing required
generally; procedure in contested cases; settlement by consent order, etc. (a) Every party
to a claim shall be afforded an opportunity to appear and be heard and to offer evidence and
argument on any issue relevant to the claim, and to examine witnesses and offer evidence in
reply to any matter of an evidentiary nature in the record relevant to the claim. (b) In a
contested case, all parties shall be afforded an opportunity for hearing after reasonable
notice pursuant to regulations promulgated by the commission. A record of the proceedings
of the hearing in a contested case shall be made and shall be transcribed upon request of
any party who shall pay transcription costs unless otherwise ordered by the commission. (c)
The commission may, without a hearing, settle a claim by stipulation, agreed settlement, consent
order or default. (Acts 1984, No. 84-658, p. 1308, ยง10.)...
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26-2B-105
Section 26-2B-105 Cooperation between courts. (a) In a guardianship or protective proceeding
in this state, a court of this state may request the appropriate court of another state to
do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state
to produce evidence or give testimony pursuant to procedures of that state. (3) Order that
an evaluation or assessment be made of the respondent. (4) Order any appropriate investigation
of a person involved in a proceeding. (5) Forward to the court of this state a certified copy
of the transcript or other record of a hearing under paragraph (1) or any other proceeding,
any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared
in compliance with an order under paragraph (3) or (4). (6) Issue any order necessary to assure
the appearance in the proceeding of a person whose presence is necessary for the court to
make a determination, including the respondent or the incapacitated or...
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31-2A-39
Section 31-2A-39 (Article 39.) Sessions. (a) At any time after the service of charges which
have been referred for trial to a court-martial composed of a military judge and members,
the military judge, subject to Section 31-2A-35 (Article 35), may call the court into session
without the presence of the members for the purpose of: (1) Hearing and determining motions
raising defenses or objections which are capable of determination without trial of the issues
raised by a plea of not guilty. (2) Hearing and ruling upon any matter which may be ruled
upon by the military judge under this code, whether or not the matter is appropriate for later
consideration or decision by the members of the court. (3) Holding the arraignment and receiving
the pleas of the accused. (4) Performing any other procedural function which does not require
the presence of the members of the court under this code. These proceedings shall be conducted
in the presence of the accused, the defense counsel, and the trial...
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12-1-7
Section 12-1-7 Powers of courts as to preservation of order, enforcement of judgments, etc.,
generally. Every court shall have power: (1) To preserve and enforce order in its immediate
presence and as near thereto as is necessary to prevent interruption, disturbance or hindrance
to its proceedings; (2) To enforce order before a person or body empowered to conduct a judicial
investigation under its authority; (3) To compel obedience to its judgments, orders and process
and to orders of a judge out of court, in an action or proceeding therein; (4) To control,
in furtherance of justice, the conduct of its officers and all other persons connected with
a judicial proceeding before it in every matter appertaining thereto; (5) To administer oaths
in an action or proceeding pending therein and in all other cases where it may be necessary
in the exercise of its powers and duties; and (6) To amend and control its process and orders
so as to make them conformable to law and justice. (Code 1852,...
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12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of supervision
to be accorded privilege against self-incrimination; admissibility in evidence of extrajudicial
statements of children and evidence illegally seized or obtained; double jeopardy. (a) A child
charged with a delinquent act or who is alleged to be in need of supervision shall be accorded
the rights and privileges afforded by the Constitution of the United States and the Constitution
of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally inadmissible
in a criminal proceeding may not be received in evidence over objection. Evidence illegally
seized or obtained may not be received in evidence over objection to establish the allegations
against the child. An extrajudicial admission or confession made by the child out of court
is insufficient to support a finding that the child committed the acts alleged in the petition
unless it is corroborated by other evidence. (c)...
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