45-37A-51.139
Section 45-37A-51.139 Appeal of decisions of the board. (a) Any decision of the board denying
a benefit claimed may be subject to review by the circuit court, in the manner and subject
to the limitations herein provided. An employee may secure a review of a decision of the board
by mandamus proceedings in the circuit court, which proceedings the employee shall institute,
in the court by filing therein a petition for mandamus. The petition may designate the board
as respondent or the members thereof as respondents. Each respondent shall be served with
process, unless the respondent or his or her or its attorney accepts service. The petition
for mandamus shall be barred if it is not filed within 90 days from the date whereon the board
of managers makes its final decision on the benefit claimed, provided written notice of such
final decision of the board shall be given by certified or registered mail, postage prepaid,
and properly addressed, to the claimant or his or her attorney within...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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12-15-404
Section 12-15-404 Service of the petition. Service of the petition upon the minor or child
sought to be committed and upon his or her parent, legal guardian, or legal custodian shall
be as provided in this chapter for service on minors and children generally or as otherwise
provided by rules of court promulgated by the Supreme Court of Alabama. (Act 2008-277, p.
441, §23.)...
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26-10A-25
Section 26-10A-25 Final decree; dispositional hearing. (a) When the pre-placement investigation
has been completed and approved or the investigation has been waived for good cause shown,
the petition for adoption shall be set for a dispositional hearing as soon as possible or
no later than 90 days after the filing of the petition. When there has not been a pre-placement
investigation or the investigation has not been waived for good cause shown or when the adoptee
is a special needs child, the petition for adoption shall be set for a dispositional hearing
as soon as possible or no later than 120 days after the filing of the petition. Upon good
cause shown, the court may extend the time for the dispositional hearing and entry of the
final decree. (b) At the dispositional hearing, the court shall grant a final decree of adoption
if it finds on clear and convincing evidence that: (1) The adoptee has been in the actual
physical custody of the petitioners for a period of 60 days, unless for...
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27-21B-10
Section 27-21B-10 Enforcement of health care coverage for certain employers. (a) In any case
in which a noncustodial parent is required by a court or administrative order to provide health
care coverage for such child and the employer of the noncustodial parent is known to the Department
of Human Resources, the department shall use the federally required medical support notice
to provide notice to the employer of the requirement for employer-based health care coverage
for the child through the parent of the child who has been ordered to provide health care
coverage for the child unless a court or administrative order stipulates that alternative
health care coverage to employer-based coverage is to be provided for a child subject to a
Title IV-D child support order. In the case of an employer entered in the directory of new
hires pursuant to Section 25-11-5, the department shall send the federal medical support notice
to any employer of a noncustodial parent subject to the order within...
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30-3-152
Section 30-3-152 Factors considered; order without both parents' consent; presumption where
both parents request joint custody. (a) The court shall in every case consider joint custody
but may award any form of custody which is determined to be in the best interest of the child.
In determining whether joint custody is in the best interest of the child, the court shall
consider the same factors considered in awarding sole legal and physical custody and all of
the following factors: (1) The agreement or lack of agreement of the parents on joint custody.
(2) The past and present ability of the parents to cooperate with each other and make decisions
jointly. (3) The ability of the parents to encourage the sharing of love, affection, and contact
between the child and the other parent. (4) Any history of or potential for child abuse, spouse
abuse, or kidnapping. (5) The geographic proximity of the parents to each other as this relates
to the practical considerations of joint physical...
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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...
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34-24-175
Section 34-24-175 Appeal from final decision, judicial review. (a) Any party whose license
or permit is sanctioned as provided herein, shall not be required to file a motion for rehearing
to exhaust his or her remedies available from the board. (b) Any party sanctioned as provided
herein, may file a petition for judicial review in the circuit court where the board office
is located. The filing of the petition must be within 30 days of the date of the board's final
decision. (c) Within 30 days after receipt of the petition for judicial review or within such
additional time as the court may allow, the board shall transmit to the reviewing court the
original or a certified copy of the entire record and transcript of the proceedings under
review. Any party seeking judicial review of any sanction imposed by the board shall be responsible
for all costs associated with preparation, transcription, reproduction, and transmittal of
the proceedings under review. (d) Other than specified in this...
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35-19-10
Section 35-19-10 Amendment or termination of environmental covenant. (a) Unless otherwise specified
in the environmental covenant, an environmental covenant may be amended or terminated by consent
only if the amendment or termination is signed by each of the following: (1) The agency, unless
waived by the agency, in which event the current owner of the fee simple of the real property
subject to the covenant must sign. (2) Each person that originally signed the covenant, unless
a person waived in a signed record the right to consent or a court finds that the person no
longer exists or cannot be located or identified with the exercise of reasonable diligence.
(3) Except as otherwise provided in subsection (d)(2), the holder. (b) If an interest in real
property is subject to an environmental covenant, the interest is not affected by an amendment
of the covenant unless the current owner of the interest consents to the amendment or has
waived in a signed record the right to consent to...
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45-8-120.17
Section 45-8-120.17 Petition for review of board action. Any party, including the county commission
and county appointing authorities, aggrieved by a final action of the board, shall be entitled
to a review of the action by filing a petition in the Circuit Court of Calhoun County within
30 days after the action is taken. Upon the filing of any petition, notice shall also be served
upon the chairperson of the board by the petitioner. The petitioner shall be heard by the
court at the earliest practical date. Review by the court shall be without a jury and confined
to the record of the board action. The record shall include transcripts or other documentation
used by the board in arriving at its action. The court may, upon the terms and conditions
as it shall deem proper, at any time before the hearing of the petition, permit the board
to gather additional information and modify its final decision. The court, upon a hearing
of the petition, may affirm or reverse and render or remand the...
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