Code of Alabama

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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence
which appears to show that a physician or osteopath holding a certificate of qualification
to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations; hearings;
entry of orders by director; appeals from orders of director. (a) Whenever the director determines
that any operator has not complied with the provisions of this article and is therefore in
violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of 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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16-24B-3
officer make a recommendation to the employing board followed by a majority vote of the board
not to offer a new, renewed, or extended contract to the contract principal, the vote of the
employing board shall be made at least 90 days before the end of the existing contract. The
recommendation shall contain written notice of the decision of the chief executive officer
and the reasons for the decision to nonrenew the contract. Notice shall be provided to the
contract principal either by personal service or by certified mail, return receipt
requested, mailed to the last known address of the contract principal. The decision of the
chief executive officer and the employing board may be based on any reason except personal
or political reasons. (d) Nothing in this section or chapter shall be construed to confer
continuing service status or nonprobationary status on any contract or probationary principal.
(e)(1) An employing board may cancel the contract of a contract principal for cause...
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34-27-37
Section 34-27-37 Disciplinary action - Procedure in action. (a) An action against an accused
shall begin by serving the accused either personally or by certified mail with a copy of the
formal complaint against him or her. The accused shall be given at least 15 days' notice of
the time, date, and place of hearing. If the commission refuses to license an applicant, notice
of the refusal shall be given to the applicant, and he or she may, within 15 days after delivery
of the notice, file a request for a hearing. The applicant or accused shall have an opportunity
to be heard in person or by counsel, to offer testimony in his or her behalf, and to examine
witnesses. Hearings shall be held in Montgomery County unless the commission decides to hold
the hearing in the county in which the applicant or accused resides, maintains his or her
principal place of business, or any other county in which the commission has scheduled a meeting.
At hearings, all witnesses shall be sworn by a member of...
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38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining
to such a person shall not be open for public inspection. Information in a record shall not
be disclosed publicly in such a manner as to identify individuals, but may be made available
on application for cause to persons approved by the commissioner of the department or by the
court. (f) Placement may be made in an appropriate alternative living arrangement such as
a licensed nursing home, licensed personal care facility, or approved foster care home.
No person shall be committed to a mental health facility under this chapter. A court may enter
orders granting the department additional time to locate an appropriate licensed facility
in which to place a person living in an unlicensed facility. (g) If the person is eligible
for the adult services program of the department, usual department policies shall be followed
in regard to fees or payments, or both. If the person's income or resources, or...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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34-1-14
Section 34-1-14 Hearings; judicial review. (a) Commencement of proceeding. The board may initiate
proceedings under this chapter either on its own motion or on the complaint of any person.
(b) Notice; service and contents. A written notice stating the nature of the charge or charges
against the accused and the time and place of the hearing before the board on such charges
shall be served on the accused not less than 30 days prior to the date of said hearing either
personally or by mailing a copy thereof by registered or certified mail to the address of
the accused last known to the board. (c) Failure to appear. If, after having been served with
the notice of hearing as provided for herein, the accused fails to appear at said hearing
and defend, the board may proceed to hear evidence against him or her and may enter such order
as shall be justified by the evidence, which order shall be final unless he or she petitions
for a review thereof as provided herein; provided, that within 30...
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41-22-12
of notice; power of presiding officer to issue subpoenas, discovery and protective orders;
procedure upon failure of notified party to appear; presentation of evidence and argument;
right to counsel; disposition by stipulation, settlement, etc.; contents of record; public
attendance at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested
case, all parties shall be afforded an opportunity for hearing after reasonable notice in
writing delivered either by personal service as in civil actions or by certified mail,
return receipt requested. However, an agency may provide by rule for the delivery of such
notice by other means, including, where permitted by existing statute, delivery by first class
mail, postage prepaid, to be effective upon the deposit of the notice in the mail. Delivery
of the notice referred to in this subsection shall constitute commencement of the contested
case proceeding. (b) The notice shall include: (1) A statement of the time,...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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