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9-17-15
Section 9-17-15 Judicial review of rules, regulations or orders. Any interested person aggrieved
by any rule, regulation or order made or promulgated by the board under this article and who
may be dissatisfied therewith shall, within 30 days from the date said order, rule or regulation
was promulgated, have the right, regardless of the amount involved, to institute a civil action
by filing a complaint in the circuit court of the county in which all or part of the aggrieved
person's property affected by any such rule, regulation or order is situated to test the validity
of said rule, regulation or order promulgated by the board. Such civil action shall be advanced
for trial and be determined as expeditiously as feasible, and no postponement or continuance
thereof shall be granted except for reasons deemed imperative by the court. In such trials
the validity of any rule, regulation or order made or promulgated under this article shall
be deemed prima facie valid, and the court shall be...
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22-18-3
Section 22-18-3 Rules and regulations. (a) In the manner provided in this section, the Board
of Health shall establish and publish reasonable rules and regulations for the training, qualification,
scope of privilege, and licensing of EMSP, and provider services, and for the operation, design,
equipment, and licensing of air and ground ambulances. In adopting rules and regulations,
the Board of Health shall follow the provisions of the Alabama Administrative Procedure Act,
and shall, in all cases, hold one or more public hearings prior to adoption, amendment, or
rescission of any rule or regulation. At such hearing, any interested person, firm, or corporation
or any member of the public may be heard. Any person, firm, or corporation affected by any
regulation, amendment, or rescission hereof may appeal consideration thereof to the Circuit
Court of Montgomery County pursuant to the provisions of the Administrative Procedure Act.
(b) Regulations adopted under this section shall become...
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34-20-6
Section 34-20-6 Board of Examiners of Nursing Home Administrators - Review of decisions. Any
party aggrieved by a final decision or order of the Board of Examiners of Nursing Home Administrators
suspending, revoking, or refusing to issue a license is entitled to a review of such decision
or order by taking an appeal to the circuit court of the county in which the nursing home
administrator or applicant resides. In such cases, such appeal shall be taken by filing notice
thereof with the register or clerk of the circuit court within 30 days of the date of notice
by the board of its decision. Appeals from any order or judgment rendered thereon by the circuit
court to the Supreme Court of Alabama shall be available as in other cases. (Acts 1969, No.
986, p. 1734, §15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-20-6.htm - 1K - Match Info - Similar pages
17-3-55
Section 17-3-55 Refusal of registration - Appeal. Any person to whom registration is denied
shall have the right of appeal, without giving security for costs, within 30 days after such
denial, by filing a petition in the probate court in the county in which he or she seeks to
register, alleging that he or she is a citizen of the United States over the age of 18 years
having the qualifications as to residence prescribed by law and entitled to register to vote
under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of
the petition, the clerk of the probate court shall give notice thereof to the district attorney
authorized to represent the state in the county, who shall appear and defend against the petition
on behalf of the state. The registrars shall not be made parties and shall not be liable for
costs. An appeal will lie to the circuit court in favor of the petitioner if taken within
30 days from the date of the judgment pursuant to Section 12-22-20....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-3-55.htm - 1K - Match Info - Similar pages
20-1-143
Section 20-1-143 Denial of permit renewal and suspension or revocation of permit; appeals.
The State Board of Health may deny issuance of renewal of, or it may suspend or revoke a permit
issued for flagrant, serious, or continued violations of rules or public health laws. Administrative
appeals shall be made in a timely manner to the State Board of Health in accordance with rules
of the board. (1) Appeals from final rulings shall be made on the administrative record to
the circuit court of the county in which the plant is located, if within the State of Alabama,
or to the Circuit Court of Montgomery County. (2) When, in the judgment of the State Health
Officer, the operation of a permitted plant poses an immediate and serious danger, threat,
or menace to the public health, the State Health Officer shall summarily suspend the permit
issued hereunder and order the plant closed prior to an administrative hearing. Administrative
hearings on the summary suspensions shall be held as soon as...
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22-21-28
Section 22-21-28 Rules and regulations. (a) In the manner provided in this section, the State
Board of Health, with the advice and after approval by the advisory board, shall have the
power to make and enforce, and may modify, amend, and rescind, reasonable rules and regulations
governing the operation and conduct of hospitals as defined in Section 22-21-20. All such
regulations shall set uniform minimum standards applicable alike to all hospitals of like
kind and purpose in view of the type of institutional care being offered there and shall be
confined to setting minimum standards of sanitation and equipment found to be necessary and
prohibiting conduct and practices inimicable to the public interest and the public health.
The board shall not have power to promulgate any regulation in conflict with law nor power
to interfere with the internal government and operation of any hospital on matters of policy.
The procedure for adopting, amending, or rescinding any rules authorized by this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-28.htm - 2K - Match Info - Similar pages
6-5-144
Section 6-5-144 Bond for preliminary injunction or temporary restraining order prior to hearing.
No preliminary injunction or temporary restraining order shall be issued before hearing in
any action commenced by a citizen or citizens under the provisions of this division unless
such citizen or citizens have made bond in such sum as may be fixed by the judge to whom the
application for such injunction or restraining order is made, such bond to be approved by
the register or clerk of the circuit court of the county in which the proceeding is filed
and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure. (Acts
1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)...
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10A-5A-2.05
Section 10A-5A-2.05 Execution of documents - Unsigned documents. (a) If a person required by
this chapter to sign a writing or deliver a writing to a filing officer for filing under this
chapter does not do so, any other person that is aggrieved by that failure may petition the
designated court, and if none, the circuit court for the county in which the limited liability
company's principal office within this state is located, and if the limited liability company
does not have a principal office within this state then the circuit court for the county in
which the limited liability company's most recent registered office is located, to order:
(1) the person to sign the writing; (2) the person to deliver the writing to the filing officer
for filing; or (3) the filing officer to file the writing unsigned. (b) If a petitioner under
subsection (a) is not the limited liability company or foreign limited liability company to
whom the writing pertains, the petitioner shall make the limited...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-5A-2.05.htm - 2K - Match Info - Similar pages
12-17-114
Section 12-17-114 Duties generally. (a) It is the duty of the register, within his respective
county: (1) To administer oaths in all cases; to issue all processes from the circuit court
as to equitable cases; to make orders of publication for defendants; to grant default judgments
for want of answers; to issue attachments and processes of sequestration; to make all interlocutory
decrees and orders, not affecting the decision of the controversy between the parties, subject
at all times to the control, direction and supervision of the circuit court; and to exercise
such other duties as are, or may be, conferred by law, including administrative rules promulgated
by order of the Supreme Court of Alabama. (2) To keep a consolidated docket sheet of all cases
filed, in which must be entered the names of plaintiffs and defendants, the names of the attorneys
of the several parties, a minute of the time when process issued and was returned, the return
thereon and note of all the orders and...
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41-22-11
Section 41-22-11 Petition for declaratory ruling as to validity of rule, as to applicability
of any rule or statute enforceable by an agency, or as to meaning and scope of agency order;
form and contents; binding effect of agency ruling; effect of failure to issue ruling; judicial
review. (a) On the petition of any person substantially affected by a rule, an agency may
issue a declaratory ruling with respect to the validity of the rule or with respect to the
applicability to any person, property or state of facts of any rule or statute enforceable
by it or with respect to the meaning and scope of any order of the agency. The petition seeking
an administrative determination under this section shall be in writing and shall state with
particularity facts sufficient to show the person seeking relief is substantially affected
by the rule. Each agency shall prescribe by rule the form of such petitions and the procedure
for their submission, consideration and disposition, and shall prescribe...
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