34-13-31
Section 34-13-31 Appeal from decision of board. (a) Whenever, by decision, final order, or other final determination upon any public hearing provided for by this chapter, a party to such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery County, Alabama. (b) On taking and perfecting an appeal to the Circuit Court of Montgomery County, Alabama, the court shall proceed as in other cases. (c) All appeals shall be taken within 30 days from the date of the order entered of the board which is the basis of the appeal and shall be granted as a matter of right and be deemed perfected by filing with the board a bond for security of costs of the appeal. Upon filing of a verified petition and hearing thereon, the court, in its discretion, may stay the order appealed from pending final judicial review. No new or additional evidence may be introduced in the circuit court except as to fraud or misconduct of some person engaged in the administration of this chapter...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-13-31.htm - 2K - Match Info - Similar pages
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
12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which reasonable efforts are not required to be made. (a) When the juvenile court enters an order removing a child from his or her home and places the child into foster care or custody of the Department of Human Resources pursuant to this chapter, the order shall contain specific findings, if warranted by the evidence, within the following time periods while making child safety the paramount concern: (1) In the first order of the juvenile court that sanctions the removal, whether continuation of the residence of the child in the home would be contrary to the welfare of the child. This order may be the pick-up order that the juvenile court issues on the filing of a dependency petition. (2) Within 60 days after the child is removed from the home of the child, whether reasonable efforts have been made to prevent removal of the child or whether reasonable efforts were not required to be made. (3) Within 12...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-312.htm - 6K - Match Info - Similar pages
13A-8-34
Section 13A-8-34 Contesting identification or ownership of metal property. (a) If the secondary metals recycler contests the identification or ownership of the metal property, the party other than the secondary metals recycler claiming ownership of any metal property in the possession of the secondary metals recycler may, provided that a timely report of the theft of the metal property was made to the proper authorities, bring an action in the circuit court of the county in which the secondary metals recycler is located. The petition for the action shall include a description of the means of identification of the metal property utilized by the petitioner to determine ownership of the metal property in the possession of the secondary metals recycler. If the person who sold the metal property to the secondary metals recycler is convicted of theft of property or criminal mischief related to the removal of the metal property, the court shall order the defendant to make full restitution to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-34.htm - 1K - Match Info - Similar pages
15-20A-43
Section 15-20A-43 Registration and notification requirements mandatory. (a) Except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended, waived, or suspended by any court. Any court order altering, amending, waiving, or suspending sex offender registration and notification requirements, except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall be null, void, and of no effect. (b) The Board of Pardons and Paroles shall not grant relief from any provisions of this chapter to any sex offender unless all three of the following conditions are met: (1) At the time of the commission of the sex offense, the sex offender was less than five years older than the victim. (2) At the time of the commission of the sex offense, the victim was 13 years of age or older. (3) The sex...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-43.htm - 1K - Match Info - Similar pages
26-2A-31
Section 26-2A-31 Subject matter jurisdiction. (a) To the full extent permitted by the constitution and as permitted under Article 2 of Chapter 2B of this title, the court has jurisdiction over all subject matter relating to estates of protected persons and protection of minors and incapacitated persons. (b) The court has full power to make order, judgments, and decrees and take all other action necessary and proper to administer justice in the matters that come before it. (c) The court has jurisdiction over protective proceedings and guardianship proceedings. (d) If both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated. (e) No provision of this chapter shall be construed to void, abate, or diminish the powers or equity jurisdiction, when invoked, heretofore or hereafter granted by statute to certain probate courts. (Acts 1987, No. 87-590, p. 975, §1-302; Act 2010-500, p. 782, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-31.htm - 1K - Match Info - Similar pages
26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 26-2B-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include the following: (1) a certified copy of the other state's provisional order of transfer; (2) an inventory of the protected person's estate as of the date of the petition including certified records of all bank accounts in the protected person's estate as of the date of the petition; (3) proof of the conservator's bond; and (4) any final accounting of the protected person's estate which has been submitted in the prior jurisdiction. If no such accounting was required by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance. (b) Notice of a petition under subsection (a) must be given to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-302.htm - 3K - Match Info - Similar pages
27-32-15
Section 27-32-15 Conduct of delinquency proceedings - Domestic and alien insurers. (a) Whenever under this chapter a receiver is to be appointed in delinquency proceedings for a domestic or alien insurer, the court shall appoint the commissioner as such receiver. The court shall order the commissioner forthwith to take possession of the assets of the insurer and to administer the same under the orders of the court. (b) As a domiciliary receiver, the commissioner shall be vested by operation of law with the title to all of the property, contracts, and rights of action and all of the books and records of the insurer, wherever located, as of the date of entry of the order directing him to rehabilitate or liquidate a domestic insurer or to liquidate the United States branch of an alien insurer domiciled in this state, and he shall have the right to recover the same and reduce the same to possession; except, that ancillary receivers in reciprocal states shall have, as to assets located in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-32-15.htm - 3K - Match Info - Similar pages
27-3A-4
Section 27-3A-4 Duties of utilization review agents. (a) Utilization review agents shall adhere to the minimum standards set forth in Section 27-3A-5. (b) On or after July 1, 1994, a utilization review agent shall not conduct a utilization review in this state unless the agent has certified to the department in writing that the agent is in compliance with Section 27-3A-5. Certification shall be made annually on or before July 1 of each calendar year. In addition, a utilization review agent shall file the following information: (1) The name, address, telephone number, and normal business hours of the utilization review agent. (2) The name and telephone number of a person for the department to contact. (3) A description of the appeal procedures for utilization review determinations. (c) Any material changes in the information filed in accordance with this section shall be filed with the State Health Officer within 30 days of the change. (d) Unless exempted pursuant to paragraph f. of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-3A-4.htm - 1K - Match Info - Similar pages
30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision. (2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION. A judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-102.htm - 3K - Match Info - Similar pages
|