27-12-22
Section 27-12-22 Proceedings on unfair competition, etc., not defined under chapter - Appeal
by intervenor. If the report of the commissioner under Section 27-12-21 does not charge a
violation of this chapter, then any intervenor in the proceedings may, within 30 days after
the service of such report, cause a notice of appeal to be filed in the Circuit Court of Montgomery
County for a review of such report. Upon such review, the court shall have authority to issue
appropriate orders and judgments in connection therewith, including, if the court finds that
it is to the interest of the public, orders enjoining and restraining the continuance of any
method of competition, act, or practice which it finds, notwithstanding such report of the
commissioner, constitutes a violation of this trade practices law. Subsection (c) of Section
27-12-21 shall apply as to any such review. (Acts 1957, No. 608, p. 865, §10; Acts 1971,
No. 407, p. 707, §248.)...
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41-22-22.1
Section 41-22-22.1 Review of board and commission rules and actions by Legislative Services
Agency, Legal Division, and Joint Committee on Administrative Regulation Review; fees. (a)
The Legislative Services Agency, Legal Division, shall review each rule certified to it by
a state board or commission that regulates a profession, a controlling number of the members
of which are active market participants in the profession, to determine whether the rule may
significantly lessen competition and, if so, whether the rule was made pursuant to a clearly
articulated state policy to displace competition. (b) If the Legislative Services Agency,
Legal Division, determines that a rule subject to subsection (a) may significantly lessen
competition, it shall determine whether the rule was made pursuant to a clearly articulated
state policy to displace competition, and shall certify those determinations to the committee.
The board or commission shall submit a position paper, a transcript of any...
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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon
the application of either party in a proceeding under Section 6-6-540, a trial by jury shall
be directed to determine the issues or any specified issue of fact presented by the pleadings,
and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof;
and when a trial by jury is not requested, or as to the facts for which the same is not requested,
the court shall consider and determine any title, claim, interest, or encumbrance. The court
shall, upon the finding of the jury or upon such consideration and determination, finally
adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such
lands, or any part thereof, what such right, title, interest, or encumbrance is and in or
upon what part of the lands the same exists; and such judgment is binding and conclusive upon
all the parties to the action. (Code 1896, §812; Code 1907,...
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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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38-7-9
Section 38-7-9 License to operate or conduct child-care facility - Revocation or refusal to
renew license - Aggrieved party entitled to hearing; review of final decision or action of
department; bond; when decision may be set aside; section not applicable to boarding homes
and free homes. In the event a party or an applicant for a license or a licensee is denied
a license or a renewal of a license or has a license suspended or revoked for the operation
of a child-care facility required by this chapter to be licensed by the department, or in
the event an application for such a license or renewal of a license is not acted upon with
reasonable promptness, or in the event an approval required by this chapter to be issued by
the department is denied or revoked or unduly delayed, any aggrieved party may appeal to the
department for a fair hearing of his case. Notice and opportunity for a fair hearing and notice
of right to counsel shall be given the appellant by the department, and at this...
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45-39-230.08
Section 45-39-230.08 Appellate review. Any deputy aggrieved by the decision of the civil service
board of appeals may appeal the decision to the circuit court of the county within 30 days
from the rendition of the decision. Review by the court shall be without a jury and be confined
to the record, and to a determination of the questions of law presented. The findings of fact
of the civil service board of appeals shall be final and conclusive. (Act 1965, No. 586, p.
1095, §9.)...
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5-2A-9
Section 5-2A-9 Superintendent - Procedure for promulgation of regulations; emergency regulations;
judicial review. (a) Prior to the adoption, amendment, or repeal of any regulation, the superintendent
shall: (1) Give at least 35 days' notice of the intended action. The notice shall include
a statement of either the terms or substance of the intended action or a description of the
subjects and issues involved, and the time when, the place where, and the manner in which
interested persons may present their views thereon. The notice shall be mailed to all banks
in this state and shall be published in a newspaper of general circulation in Montgomery County.
A complete copy of the proposed regulation shall be filed with the Secretary of State; and
(2) Afford all interested persons reasonable opportunity to submit data, views, or arguments,
orally or in writing. Opportunity for oral hearing must be granted if requested by 25 persons,
by a governmental subdivision or agency, or by an...
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5-5A-9
Section 5-5A-9 Procedure for incorporation - Judicial review. Nothing in this chapter shall
be construed to prevent the Circuit Court of Montgomery County, as provided by law, from reviewing
and reversing either the action of the Banking Board in granting or refusing a charter or
permitting the organization of a new bank or the action of the superintendent in granting
a charter or permitting the organization of a new bank. Written notice of appeal must be filed
with that court within 28 days of the order from which the appeal is taken. Upon proper proceedings,
the court, after full hearing of the matters at issue, shall enter an order or judgment reversing
or affirming the order appealed. The granting of a charter or permit by the superintendent
or granting or refusal to grant a charter or permit by the Banking Board shall be taken as
prima facie just and reasonable. (Acts 1980, No. 80-658, §5-5-9.)...
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12-22-6
Section 12-22-6 Judgments on applications for remedial writs. Appeals may be taken to the appropriate
appellate court from the judgment of the circuit court on application for writs of certiorari,
supersedeas, quo warranto, mandamus, prohibition, injunction and other remedial writs as provided
by the Alabama Rules of Appellate Procedure; but such appeal shall not operate as a stay of
execution unless supersedeas bond is given by the appellant pursuant to Rule 8 of the Alabama
Rules of Appellate Procedure. But this section shall not be construed as to prevent the presentation
of an issue upon appeal taken after a final determination of the case. (Code 1876, §3923;
Code 1886, §3616; Code 1896, §431; Code 1907, §2843; Code 1923, §6085; Code 1940, T. 7,
§761.)...
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18-1A-253
Section 18-1A-253 Effect of pending condemnation action. If a condemnation action has been
commenced and is pending between the parties to an arbitration agreement under this article:
(1) A petition, motion, or other proceeding thereafter initiated in connection with the arbitration
shall be filed in and determined by the court in the condemnation action; (2) The court in
the condemnation action may stay the determination of an issue of compensation in the action
until arbitration pursuant to the agreement has been concluded; and (3) The total or apportioned
amounts of compensation as determined by the arbitration award and confirmed by the court
shall be included in the judgment of condemnation as the amount of compensation for the property.
(Acts 1985, No. 85-548, p. 802, §1504.)...
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