24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
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45-8A-112.13
shall have 10 days from the time of notification of his or her discharge, removal, or demotion
in which to appeal to the board. The board shall thereupon order the charges or complaint
to be filed immediately in writing and shall hold a hearing de novo on the charges. No permanent
employee, officer, or official of the city whose employment comes within the jurisdiction
of this part, and whose probationary period has been served, shall be removed, discharged,
or demoted except for some personal misconduct, or fact, rendering his or her further
tenure harmful to the public interest, or for some cause affecting or concerning his or her
fitness or ability; and if the removal, discharge, or demotion is appealed to the board, then
the same will become final only after a hearing upon written charges or complaint has been
had and after an opportunity has been given him or her to face his or her accusers and be
heard in his or her own defense. Pending a hearing on appeal, the affected...
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7-1-201
in size than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same or lesser size; and (B) Language in the body of a record or display in larger
type than the surrounding text, or in contrasting type, font, or color to the surrounding
text of the same size, or set off from surrounding text of the same size by symbols or other
marks that call attention to the language. (11) "Consumer" means an individual who
enters into a transaction primarily for personal, family, or household purposes. (12)
"Contract," as distinguished from "agreement," means the total legal obligation
that results from the parties' agreement as determined by this title as supplemented by any
other applicable laws. (13) "Creditor" includes a general creditor, a secured creditor,
a lien creditor, and any representative of creditors, including an assignee for the benefit
of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator
of an...
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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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45-8A-130.13
shall have 10 days from the time of notification of his or her discharge, removal, or demotion
in which to appeal to the board. The board shall thereupon order the charges or complaint
to be filed forthwith in writing and shall hold a hearing de novo on such charges. No permanent
employee, officer, or official of the city whose employment comes within the jurisdiction
of this part, and whose probationary period has been served, shall be removed, discharged,
or demoted except for some personal misconduct, of fact, rendering his or her further
tenure harmful to the public interest, or for some cause affecting or concerning his or her
fitness or ability; and if such removal, discharge, or demotion is appealed to the board,
then the same will become final only after a hearing upon written charges or complaint has
been had and after an opportunity has been given him or her to face his or her accusers and
be heard in his or her own defense. Pending a hearing on the appeal, the...
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34-22-8
Alabama, or the county in which the accused resides for the hearing of the charge or charges
shall be fixed by the board as soon as convenient. A copy of the charge or charges, together
with a written notice of the time and place of the hearing, and a copy of the rules of procedure
adopted by the board for the hearing shall be served on the accused at least 20 days before
the date fixed for the hearing, by leaving a copy thereof at his or her last and usual place
of residence, by personal service upon the accused, or by forwarding a copy to the
accused via United States registered mail, with a return receipt requested, addressed to him
or her at his or her last known mailing address, if a resident of the State of Alabama. If
the accused is not a resident of Alabama or has departed from the State of Alabama, then notice
of the time and place of the hearing shall be published in a newspaper of general circulation
in the county where the accused is last known to have resided,...
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41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a) For the
purposes of this section, the following words have the following meanings: (1) CHIEF EXAMINER.
The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in excess of amounts due
and includes failure to meet eligibility requirements, failure to identify third party liability
where applicable, any payment for an ineligible good or service, any payment for a good or
service not received, duplicate payments, invoice and pricing errors, failure to apply discounts,
rebates, or other allowances, failure to comply with contracts or purchasing agreements, or
both, failure to provide adequate documentation or necessary signatures, or both, on documents,
or any other inadvertent error resulting in overpayment. (3) RECOVERY AUDIT. A financial management
technique used to identify overpayments made by a state agency with respect to individuals,
vendors, service providers, and other entities in...
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34-13-23
Section 34-13-23 Officers; rulemaking authority; compensation; executive director; disposition
of funds. (a)(1) The board appointed under this chapter and each successor thereto is authorized
to select from its own membership a chair and to adopt and promulgate such rules and regulations
for the transaction of its business and for the betterment and promotion of the standards
of service and practice to be followed in the funeral service profession in the State of Alabama
as the board may deem expedient and consistent with the laws of this state and for the public
good. (2) The chair shall preside at all meetings of the board unless otherwise ordered, and
he or she shall exercise and perform all duties and functions incident to the office of chair.
(3) The board may select also from its own membership a vice chair, a secretary, and a treasurer.
No two offices shall be held by the same person. (b) The treasurer shall give bond to the
State of Alabama in the sum of ten thousand dollars...
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34-8A-16
outside the area of their training, experience, or competence. (7) Is legally adjudicated mentally
incompetent, the record of the adjudication being conclusive evidence thereof. (8) Has willfully
or negligently violated any of the provisions of this chapter or any of the rules and regulations
adopted thereunder. (9) Has been practicing as a counselor without a license. (b)(1) Notice
of denial, revocation, suspension, or disciplinary action is required to be sent by registered
mail or personal service setting forth the particular reasons for the proposed action
and fixing a date not less than 30 days nor more than 60 days from the date of the mailing
or service, at which time the applicant, licentiate, or associate shall be given an opportunity
for a prompt and fair hearing. The written notice shall be sent to the last known address
of the person, but the nonappearance of the person shall not prevent the hearing. The hearing
shall be conducted by the board by means of sworn,...
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34-9-18
or similar circumstances or the doing of that which a reasonably prudent practitioner would
not have done under the same or similar circumstances. b. For the purposes of this subdivision,
gross negligence is defined as willful or wanton conduct with reckless, malicious, or conscious
disregard for the rights or safety of others, or conduct that is so deliberate, outrageous,
and callous as to display total indifference to the health or safety of a patient, that could
result in serious bodily injury or death. (7) Is guilty of employing, allowing, or
permitting any unlicensed person or persons to perform any work in his or her office which,
under this chapter, can only be legally done by a person or persons holding a license to practice
dentistry or dental hygiene. (8) Willfully or negligently violates the rules of the State
Department of Health or of the board regarding sanitation. (9) Is guilty of division of fees,
or agreeing to split or divide the fee received for dental service with...
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