27-12-21
service of such report, cause a petition to be filed in the circuit court of this state, within
the circuit wherein the person resides or has his principal place of business, to enjoin and
restrain such person from engaging in such method, act, or practice. The court shall have
jurisdiction of the proceeding and shall have power to make and enter appropriate orders in
connection therewith and to issue such writs as are ancillary to its jurisdiction or are necessary
in its judgment to prevent injury to the public pendente lite. (c) A transcript of
the proceedings before the commissioner, including all evidence taken, and the report and
findings shall be filed with such petition. If either party applies to the court for leave
to adduce additional evidence and shows, to the satisfaction of the court, that such additional
evidence is material and there were reasonable grounds for the failure to adduce such evidence
in the proceeding before the commissioner, the court may order such...
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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...
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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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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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24-9-8
The court, on the request of a party or as needed to allow completion of service of process
on all interested persons, and to allow those persons 30 days after service of process to
file an answer or other responsive pleadings to the petition, may extend the 90-day period
for good cause shown. (e) The authority shall serve all persons having record title or interest
in or lien upon the property with a notice of the hearing on the petition to quiet title.
Such service shall be attempted by personal service and by certified mail; provided
if service is perfected by either method, the service will be sufficient to provide service
of process upon all persons having record title or interest in or lien upon the property.
If the persons entitled to service are located outside the county, they may be served by certified
mail. (f) The notice required under subsection (e) shall include: (1) The date on which the
authority recorded, under subsection (a), the notice of the pending quiet title...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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30-3B-209
Section 30-3B-209 Information to be submitted to court. (a) Except, as otherwise provided in
subsection (e), in a child custody proceeding, each party, in its first pleading or in an
attached affidavit, shall give information, if reasonably ascertainable, under oath as to
the child's present address or whereabouts, the places where the child has lived during the
last five years, and the names and present addresses of the persons with whom the child has
lived during that period. The pleading or affidavit must state whether the party: (1) Has
participated, as a party or witness or in any other capacity, in any other proceeding concerning
the custody of or visitation with the child and, if so, identify the court, the case number,
and the date of the child custody determination, if any; (2) Knows of any proceeding that
could affect the current proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental rights,...
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26-2B-210
Section 26-2B-210 Information to be submitted to court. (a) Except as otherwise provided in
this section, each party, in its first pleading or in an attached affidavit, shall give information,
if reasonably ascertainable, under oath as to the respondent's present address or whereabouts
and the places and addresses where the respondent has lived during the last five years. The
pleading or affidavit must state whether the party: (1) Has participated, as a party or witness
or in any other capacity, in any other proceeding concerning the guardianship or conservatorship
of the respondent and, if so, identify the court, the case number, and the date of the guardianship
or conservatorship determination, if any; (2) Knows of any proceeding that could affect the
current proceeding, including, but not limited to, proceedings for the establishment, modification,
termination, or enforcement of a protective order, and, if so, identify the court, the case
number, and the nature of the proceeding;...
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43-8-1
the parent whose relationship is involved and excludes any person who is only a stepchild,
a foster child, a grandchild or any more remote descendant. (3) COURT. The court having jurisdiction
in matters relating to the affairs of decedents. This court in Alabama is known as the probate
court. (4) DAYS. That period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a) For
the purposes of this section, sexually exploited child shall mean an individual under the
age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected
to sexual exploitation because he or she is any of the following: (1) A victim of the crime
of human trafficking sexual servitude as provided in Section 13A-6-150, et seq. (2) Engaged
in prostitution as provided in Section 13A-12-120 or 13A-12-121. (3) A victim of the crime
of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113. (b)
A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution
as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such
acts. (c) In any proceeding based upon a child's arrest for an act of prostitution, there
is a presumption that the child satisfies the definition of a sexually...
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