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14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
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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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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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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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34-14-9
Section 34-14-9 Complaint and hearing; appeal; disciplinary actions. (a) Any person wishing
to make a complaint against a licensee or apprentice under this chapter shall reduce the same
to writing and file his or her complaint with the board within one year from the date of the
action upon which the complaint is based. If the board investigates and determines the charges
made in the complaint are sufficient to warrant a hearing to determine whether the license
issued under this chapter shall be suspended or revoked, it shall make an order fixing a time
and place for a hearing and require the licensee complained against to appear and defend against
the complaint. The order shall have annexed thereto a copy of the complaint. The order and
copy of the complaint shall be served upon the licensee at least 20 days before the date set
for hearing, either personally or by registered or certified mail sent to the licensee's last
known address. Continuances or adjournment of hearing date shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14-9.htm - 6K - Match Info - Similar pages
38-9F-8
Section 38-9F-8 Ex parte relief. (a) If it appears from a petition for an elder abuse protection
order or a petition to modify an elder abuse protection order that elder abuse has occurred
or a modification is warranted, the court may do either of the following: (1) Without notice
or hearing, immediately issue an ex parte elder abuse protection order or modify an ex parte
elder abuse protection order as it deems necessary. (2) After providing notice as required
by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an
elder abuse protection order after a hearing whether or not the defendant appears. (b) Based
upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of
the following ex parte forms of relief without prior notice to the defendant or a hearing:
(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against
the plaintiff and any other individual designated by the court. (2)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9F-8.htm - 4K - Match Info - Similar pages
8-7A-17
Section 8-7A-17 Orders to cease and desist and other injunctive or civil relief. (a) If the
commission determines that any person has engaged in or is about to engage in any act or practice
constituting a violation of this chapter or a rule adopted or an order issued under this chapter,
the commission, in its discretion, may do any of the following: (1) Issue an order, with or
without a prior hearing or notice, against the person or persons engaged in the act or practice,
directing them to cease and desist from engaging in the act or practice. (2) Issue an order
appointing a receiver or conservator over a respondent or the respondent's assets. (3) Order
restitution or disgorgement against any person who has violated this chapter or any rule adopted
or order issued pursuant to this chapter. (4) Bring an action in any court of competent jurisdiction
to enjoin an act or practice and to enforce compliance with this chapter or any rule adopted
or order issued hereunder. Upon a proper...
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26-2A-103
Section 26-2A-103 Notice in guardianship proceeding. (a) In a proceeding for the appointment
of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment
of a temporary guardian, notice of hearing must be given to each of the following: (1) The
person alleged to be incapacitated, her or his spouse (if any), and adult children, or if
none, parents; (2) Any person who is serving as guardian, conservator, or who has the care
and custody of the person alleged to be incapacitated; (3) In case no other person is notified
under paragraph (1), at least one of the nearest adult relatives residing in this state, if
any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing
on a petition for an order subsequent to appointment of a guardian must be given to the ward,
the guardian, and any other person as ordered by the court. (c) Notice must be served personally
on the alleged incapacitated person. Notices to other persons as...
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27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken only
from an order on hearing, or as to a matter on which the commissioner has refused or failed
to hold a hearing after demand therefor under Section 27-2-28 or as to a matter as to which
the commissioner has refused or failed to make his order on hearing as required by Section
27-2-31. Any person who was a party to such hearing or whose pecuniary interests are directly
and immediately affected by any such refusal or failure to grant or hold a hearing and who
is aggrieved by such order, refusal, or failure may appeal from such order or as to any such
matter within 30 days after: (1) The order on hearing has been mailed or delivered to the
persons entitled to receive the same; (2) The commissioner's order denying rehearing or reargument
has been so mailed or delivered; (3) The commissioner has refused or failed to make his order
on hearing as required under Section 27-2-31; or (4) The commissioner...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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