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25-2-20
Section 25-2-20 Review of rules or regulations - Petition to board of appeals. Any person in
interest, his authorized agent or attorney may petition the board of appeals for a review
of the validity or reasonableness of any rule or regulation adopted, amended, or repealed
by the board of appeals under the provisions of this chapter. The petition shall be verified,
shall be filed with the board of appeals and shall state the rule or regulation proposed to
be reviewed and in what respect it is claimed to be invalid or unreasonable. The board may
join in one proceeding all petitions alleging the invalidity or unreasonableness of substantially
similar rules or regulations. The filing of such petition shall operate to stay all proceedings
under such rule or regulation until the determination of such review. The board of appeals
shall order a hearing if necessary to determine the issue raised or, if the issues have been
considered in a prior proceeding, the board of appeals may, without a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-2-20.htm - 1K - 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
12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
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
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
22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Environmental Management
Commission or its designee, to compel obedience by contempt...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-7.htm - 6K - Match Info - Similar pages
25-4-91
Section 25-4-91 Determinations and redeterminations upon claims for benefits. (a) Determination
by examiner. A determination upon a claim filed pursuant to Section 25-4-90 shall be made
promptly by an examiner designated by the secretary, and shall include a statement as to whether
and in what amount a claimant is entitled to benefits and, in the event of denial, shall state
the reasons therefor; except, that where he deems additional evidence to be needed, the examiner
may refer such claim or any question involved therein to an appeals tribunal who shall make
this decision with respect thereto in accordance with the proceeding prescribed in Section
25-4-93. A determination with respect to the first week of a benefit year shall also include
a statement as to whether the claimant has been paid the wages specified under subdivision
(a)(5) of Section 25-4-77 and if so, the first day of the benefit year, his weekly benefit
amount, and the maximum total amount of benefits payable to him...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-91.htm - 6K - Match Info - Similar pages
40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
45-5-120
shall be probationary for one year from the date of appointment. A probationary employee may
be discharged by the sheriff or a governmental entity at their pleasure at any time before
the expiration of one year from his or her appointment. After he or she shall have served
for one year in the position to which he or she was appointed or employed, such employee shall
become a merit employee. (k) The appointing authority shall have authority to suspend without
pay a merit employee for any personal misconduct, or fact, affecting or concerning
his or her fitness or ability to perform his or her duties in the public interest. In the
event a merit employee is suspended without pay for more than 30 days in any one year, he
or she shall be entitled to a public hearing by the board upon written demand filed within
five days from the date of the order of suspension. If, after hearing, the board determines
that the action of the appointing authority was not with good cause, the suspension...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-5-120.htm - 11K - Match Info - Similar pages
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