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34-29-78
Section 34-29-78 Injunction against unauthorized practice of veterinary medicine. The board
or any citizen of this state may bring action in the Circuit Court of Montgomery County to
enjoin any person from practicing veterinary medicine without a currently valid license or
temporary permit. If the court finds that the person is violating or is threatening to violate
this article, it shall enter an injunction restraining him or her from such unlawful acts.
The successful maintenance of an action based on any one of the remedies set forth in this
section shall in no way prejudice the prosecution of an action based on any other of the remedies.
(Acts 1986, No. 86-500, p. 956, §19; Acts 1997, 97-249, §1.)...
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35-12-85
Section 35-12-85 Action to establish a claim. A person aggrieved by a decision of the Treasurer
or whose claim has not been acted upon within 120 days after its filing may maintain an original
action to establish the claim in the Circuit Court of Montgomery County, Alabama, naming the
Treasurer as a defendant. In any proceeding for determination of a claim to property under
this article, the burden shall be upon the claimant to establish entitlement to the property
by a preponderance of evidence. The proceeding shall be brought by the claimant within 90
days after the decision of the Treasurer. (Act 2004-440, p. 755, §1.)...
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5-25-15
Section 5-25-15 Appeal. (a) Any interested party or intervener may appeal an order of the department
to the Circuit Court of Montgomery County or to the circuit court of the county in which such
party has its principal place of business in Alabama by filing notice of appeal with the department
and with the register or clerk of the circuit court within 30 days from the date of said final
order. The department's findings shall be prima facie correct, but the circuit court may hear
such appeal according to its own rules and procedures, including the taking of additional
testimony and staying the order. In the circuit court, the trial shall be de novo. The court
may, if it decides that the department has erred to the prejudice of appellant's substantial
rights in its application of the law or that the order was based upon findings of fact contrary
to the substantial weight of the evidence, remand the proceeding to the department for further
action in conformity with the direction of the...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over
other matters. (1) When there is reason to believe that any person is violating or is about
to violate any of the provisions of this division, the Attorney General or district attorney
may initiate a civil action in the circuit court in the name of the State of Alabama against
such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation.
The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent
with this section; provided, however, that no temporary restraining order shall be issued
pursuant to this section. No bond shall be required of the official bringing the action and
the official, the political subdivision and the officers, agents, and employees of the political
subdivision shall not be liable for costs or damages, other than court costs, by reason of
injunctive orders not being granted or where judgment is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-200.7.htm - 3K - Match Info - Similar pages
22-21-276
Section 22-21-276 Injunctive relief; issuance of license for inpatient beds or facilities in
violation of article prohibited; facilities in violation of article not to receive reimbursement
for services. (a) Injunctive relief against violations of this article or any reasonable rules
and regulations of the SHPDA may be obtained from the Circuit Court of Montgomery County,
Alabama, at the instance of the SHPDA, any holder of a certificate of need that is adversely
affected in the exercise of privileges thereunder by such violation or any member of the public
directly and adversely affected by such violation. Upon written request by the SHPDA, it shall
be the duty of the Attorney General of the State of Alabama to furnish such legal services
as may be appropriate and to prosecute such action for injunctive relief to an appropriate
conclusion. (b) The State Board of Health shall not issue a license to operate new inpatient
beds or any health care facility constructed, or acquired in...
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27-7-38
Section 27-7-38 Privileged information. (a) Any communications, complaint, evidence, testimony,
document, deposition, affidavit, statement, or other proof filed, given, or proffered at the
hearing provided for in Section 27-7-37 shall be absolutely privileged to the same extent
as in a court of law and shall never form the subject matter of any action, claim, or proceeding
against the person filing, giving, or proffering the same nor against the principal or representative
of such person. (b) Reports of investigation, copies thereof, and information furnished the
commissioner by any insurer, agent, solicitor, broker, managing general agent, or service
representative and any other person shall be absolutely privileged communications, and no
such report, copy, information or document, affidavit, statement, deposition, or testimony
so furnished to the commissioner shall ever form the subject matter of any action, claim,
or proceeding against any such person. (Acts 1957, No. 530, p. 726,...
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34-27-38
Section 34-27-38 Disciplinary action - Appeals. (a) Findings of the commission are final unless
within 30 days after the date of the commission's final order, the applicant or accused files
a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her
residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit
court of the county of registration or the county in which the corporation has its principal
place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with
the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal
after the clerk has approved the appellant's bond. (b) An appeal does not act as supersedeas,
but the decision of the commission may be stayed by the court pending such appeal. (c) The
commission shall within 30 days of service of the notice of appeal, or within such additional
time as the court may allow, file the record in the case with the...
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5-19-26
Section 5-19-26 Appeals to circuit court from order of administrator; appeals from decision
of circuit court. (a) Any interested party or intervener may appeal an order of the administrator
to the Circuit Court of Montgomery County or to the circuit court of the county in which such
party has its principal place of business in Alabama by filing notice of appeal with the administrator
and with the register or clerk of the circuit court within 30 days from the date of said final
order. The administrator's findings shall be prima facie correct, but the circuit court may
hear such appeal according to its own rules and procedure, including the taking of additional
testimony and staying the order. In the circuit court, the trial shall be de novo. The court
may, if it decides that the Administrator has erred to the prejudice of appellant's substantial
rights in its application of the law or that the order was based upon findings of fact contrary
to the substantial weight of the evidence,...
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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
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5-2A-82
Section 5-2A-82 Appeals from acts of bureau or supervisor. Any person aggrieved by any order
or act of the bureau or the supervisor may, within 30 days from the entry of the order complained
of or within 60 days of the act complained of if there is no order, file a complaint or appeal
from the order or act against the supervisor in the Circuit Court of Montgomery County or
the circuit court of the county of the residence of the party aggrieved or the circuit court
of the county wherein the party aggrieved does business and file security with the court for
costs. Such complaint may pray for a reversal, rescission or modification of the order or
act complained of and for such other relief as may be appropriate. It shall allege the facts
relied upon as the basis for such relief. When the complaint has been filed, a summons shall
be issued forthwith and shall be served upon the supervisor personally or by registered or
certified mail addressed to his office in the State Banking Department....
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