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2-10-32
Section 2-10-32 Order of board after hearing; appeal. The State Board of Agriculture and Industries,
upon any hearing provided for in this article, may require the commissioner to call a meeting
of the directors of the association and seek to work out a solution of conditions with them,
may order the conditions on which there may be a continuation of the operation of such association
or may require an agent appointed by the board or commissioner to take charge and reorganize
the association or wind its business up or may make such other order as it deems will best
protect the interest of the public. An appeal shall lie from the order of the board by any
person interested by filing bond with and to be approved by the register or clerk of the Circuit
Court of Montgomery County. The matter shall be heard de novo in such court; provided, that
the order of the board shall be presumed prima facie correct. Upon such hearing the court
shall issue an order sustaining or reversing the order of...
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6-6-20
Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc. (a) For
purposes of this section, "mediation" means a process in which a neutral third party
assists the parties to a civil action in reaching their own settlement but does not have the
authority to force the parties to accept a binding decision. (b) Mediation is mandatory for
all parties in the following instances: (1) At any time where all parties agree. (2) Upon
motion by any party. The party asking for mediation shall pay the costs of mediation, except
attorney fees, unless otherwise agreed. (3) In the event no party requests mediation, the
trial court may, on its own motion, order mediation. The trial court may allocate the costs
of mediation, except attorney fees, among the parties. (c) If any party fails to mediate as
required by this section, the court may apply such sanctions as it deems appropriate pursuant
to Rule 37 of the Alabama Rules of Civil Procedure. (d) A court shall not order...
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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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2-21-31
Section 2-21-31 Penalties for violations of chapter or rules and regulations; injunctive relief;
warning notices. (a) Penalties. Any person who shall violate any of the provisions of this
chapter or who fails to perform any duty or requirement imposed by the provisions of this
chapter or who violates any rule or regulation duly promulgated under this chapter or who
shall sell or offer for sale or distribute for sale any commercial feed in violation of the
requirements of this chapter shall be guilty of a misdemeanor and, upon conviction, shall
be punished as now prescribed by law for such an offense. Fines paid for such violations shall
be deposited in the State Treasury to the credit of the Agricultural Fund. (b) Injunctive
relief. In addition to the penalty provided hereunder, the commissioner may apply by petition
or complaint to the circuit court, and such court, or any judge thereof, shall have jurisdiction
and for cause shown to grant a temporary or permanent injunction, or both,...
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34-7B-11
Section 34-7B-11 Findings, orders of board; appeals. (a) Any finding or order of the board,
obtained pursuant to an inquiry or hearing conducted either by the board or a hearing officer
on behalf of the board shall be deemed the finding or order of the board when approved and
confirmed by a majority of the members of the board. (b) Any provision of law to the contrary
notwithstanding, a person who has exhausted all administrative remedies available through
the board, other than a rehearing, and who has been aggrieved by a final decision in a contested
case, may appeal pursuant to Section 41-22-20. A decision by the board to revoke or suspend
a license or permit, or to otherwise restrict or discipline a licensee, shall be subject to
provisions regarding stays as provided in subsection (c) of Section 41-22-20. All appeals
shall be filed in the Circuit Court of Montgomery County. (Act 2013-371, p. 1330, §2.)...
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22-6-225
Section 22-6-225 Denial of claims; grievances and appeals. (a) The Medicaid Agency shall establish
by rule procedures for safeguarding against wrongful denial of claims and addressing grievances
of enrollees in an integrated care network. (b) If a patient or the provider is dissatisfied
with the decision of an integrated care network, the patient or provider may file a written
notice of appeal to the Medicaid Agency. The Medicaid Agency shall adopt rules governing the
appeal, which shall include a full evidentiary hearing and a finding on the record. The Medicaid
Agency's decision shall be binding upon the integrated care network. However, a patient or
provider may file an appeal in circuit court in the county in which the patient resides, or
the county in which the provider provides services. (c) The Medicaid Agency shall by rule
establish procedures for addressing grievances and appeals of the integrated care network.
The appeal procedure shall include an opportunity for a fair...
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25-2-13
forthwith be mailed to the Secretary of Labor by the clerk. An appeal by the defendant from
such finding shall operate to supersede the same if at the time of taking said appeal the
party taking the same shall file with the notice of appeal a bond in such sum as the board
of appeals or judge of the circuit court, as the case may be, may prescribe, with sufficient
surety to be approved by the clerk of said board or court, as the case may be, payable to
the Secretary of Labor with conditions that the party appealing will prosecute said appeal
to effect and if he fail therein will pay all damage which any person may sustain on account
of any injury which may be proximately caused by the dangerous condition of the machine,
tool, equipment, or structure affected by such finding. All court costs shall be taxed against
the party or parties against whom judgment is rendered and against the state when rendered
against the Secretary of Labor. (Acts 1939, No. 161, p. 232; Code 1940, T. 26, §9.)...
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27-29-6
Section 27-29-6 Registered insurers - Examination of records, etc., of insurer or affiliates.
(a) Subject to the limitation contained in this section and in addition to the powers which
the commissioner has under Sections 27-2-7, 27-2-21, 27-2-23, and 27-2-26, relating to the
examination of insurers, the commissioner shall also have the power to examine any insurer
registered under Section 27-29-4 and its affiliates to ascertain the financial condition of
the insurer, including the enterprise risk to the insurer by the ultimate controlling party,
by any entity or combination of entities within the insurance holding company system, or by
the insurance holding company system on a consolidated basis. (b)(1) The commissioner may
order any insurer registered under Section 27-29-4 to produce such records, books, or other
information papers in the possession of the insurer or its affiliates as are reasonably necessary
to determine compliance with this title. (2) To determine compliance with...
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34-17A-14
Section 34-17A-14 Disciplinary actions. (a) The board may deny, revoke, or suspend a license
granted pursuant to this chapter or otherwise discipline a licensee on any of the following
grounds: (1) Conviction of a crime which the board determines to be of a nature as to render
the person convicted unfit to practice marriage and family therapy. The board shall compile,
maintain, and publish a list of the crimes. (2) Violation of ethical standards of a nature
as to render the person found by the board to be unfit to practice marriage and family therapy.
The board shall publish and maintain the ethical standards. (3) Fraud or misrepresentation
in obtaining a license. (4) Other just and sufficient cause which renders a person unfit to
practice marriage and family therapy as promulgated by the rules of the board. (b) Upon finding
that a person governed by this chapter has practiced marriage and family therapy, advertised
that he or she performs marriage and family therapy or such counseling...
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