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9-16-78
Section 9-16-78 Hearing officer; powers; witness fees. (a) No hearing officer shall participate
in a hearing if he or she has an interest therein. At any such hearing all testimony shall
be given under oath and be recorded, but need not be transcribed unless an appeal is made.
(b) The manner in which hearings before hearing officers shall be presented and the conduct
of hearings and appeals before hearing officers shall be in accordance with regulations prescribed
by the regulatory authority. (c) In the discharge of his or her duties under this article,
any hearing officer shall have power to administer oaths, certify to official acts, take and
cause to be taken depositions of witnesses, issue and serve subpoenas, compel the attendance
of witnesses and the production of papers, books, accounts, payrolls, documents, records,
and testimony, provide for site inspections or inspections of other operations. In the event
of failure of any person to comply with any subpoena lawfully issued,...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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45-4-120
Section 45-4-120 Countywide personnel system. (a) The County Commission of Bibb County may
establish and administer a countywide personnel system based on principles of human resource
management which shall include equity, fairness, and compliance with all applicable state
and federal laws. (b) As used in this section, the following words shall have the following
meanings: (1) APPOINTING AUTHORITY. All persons having the authority to hire, fire, and discipline
employees for their department. (2) CLASSIFIED EMPLOYEE. An individual who is assigned to
an on-going position, full or part-time, authorized by the county commission and whose salary
is paid with funds allocated by the county commission, regardless of the source of those funds,
and who is required initially to complete a probationary period. (3) COUNTY. Bibb County,
Alabama. (4) COUNTY COMMISSION. The governing body of Bibb County or any succeeding governing
system that may be established. (5) DISCIPLINARY ACTION. Suspension...
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45-8-120.16
Section 45-8-120.16 Open meetings and hearings of board. All meetings and hearings of the board
shall be open to the public. Notwithstanding the foregoing, when the good name and character
of an individual is to be discussed by the board at one of its meetings, or a written waiver
of public hearing signed by the affected employee, the appointing authority, or the citizen
complainant, as the case may be, is filed with the board, the board may, by majority vote
of its members, close a meeting or hearing and exclude the public. No other matter may be
discussed by the board, if a meeting or hearing has been so closed. In any proceeding before
the board, the county commission and appointing authorities, or their designated representatives,
and any other interested individual may appear and present information in their interests.
The board and its specially authorized representatives shall have the power to administer
oaths, take depositions, certify official acts, and issue subpoenas to...
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12-1-7
Section 12-1-7 Powers of courts as to preservation of order, enforcement of judgments, etc.,
generally. Every court shall have power: (1) To preserve and enforce order in its immediate
presence and as near thereto as is necessary to prevent interruption, disturbance or hindrance
to its proceedings; (2) To enforce order before a person or body empowered to conduct a judicial
investigation under its authority; (3) To compel obedience to its judgments, orders and process
and to orders of a judge out of court, in an action or proceeding therein; (4) To control,
in furtherance of justice, the conduct of its officers and all other persons connected with
a judicial proceeding before it in every matter appertaining thereto; (5) To administer oaths
in an action or proceeding pending therein and in all other cases where it may be necessary
in the exercise of its powers and duties; and (6) To amend and control its process and orders
so as to make them conformable to law and justice. (Code 1852,...
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34-32-8
Section 34-32-8 Powers of board generally. The board shall have the following powers: (1) To
adopt and amend all bylaws, rules, and regulations necessary or convenient to administer and
carry out the provisions of this chapter and for the conduct of its affairs and functions
consistent with the Constitution and laws of this state which may be reasonably necessary
for the performance of its duties and the regulation of its proceedings, meetings, records,
examinations, and the conduct thereof, and to adopt and promulgate a code of ethics which
shall be binding upon all persons registered under or subject to this chapter. (2) To affix
its official seal to each numbered certificate issued. (3) To hold hearings, administer oaths,
take and record testimony, to make findings, orders, and determinations which shall be subject
to review by the courts of this state in the manner provided by law from decisions of other
boards and commissions. Upon the failure or refusal of any person to comply...
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45-49-120.25
Section 45-49-120.25 Investigations. The board or its designated agent shall make studies upon
all matters touching the enforcement and the effect of this part and the rules and regulations
prescribed thereunder. Members of the board or its agent or agents may visit all places of
employment and services affected by this part in order to ascertain and advise with the heads
of the various departments concerning their methods of handling those matters affecting employees
in the service, such as hours of work, attendance, training, working conditions, and morale,
and in order to ascertain whether this part and the rules promulgated thereunder are obeyed.
The board in the course of such inquiries shall have the power to administer oaths, and subpoena
and require the attendance of witnesses and the production of books, papers, documents, and
accounts pertaining to the subject under investigation. All hearings and inquiries made by
the board shall be governed by this part and by rules or...
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31-2A-42
Section 31-2A-42 (Article 42.) Oaths or affirmations. (a) Before performing their respective
duties, military judges, general and special courts-martial members, trial counsel, defense
counsel, reporters, and interpreters shall take an oath or affirmation in the presence of
the accused to perform their duties faithfully. The form of the oath or affirmation, the time
and place of the taking of the oath, the manner of recording the oath, and whether the oath
or affirmation shall be taken for all cases in which these duties are to be performed or for
a particular case, shall be as prescribed in regulation or as provided by law. These regulations
may provide that an oath or affirmation to perform faithfully the duties as a military judge,
trial counsel, or defense counsel may be taken at any time by any judge advocate or other
person certified or designated to be qualified or competent for the duty, and if such an oath
or affirmation is taken, it need not again be taken at the time the...
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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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45-30A-50.17
Section 45-30A-50.17 Procedure for protesting certain disciplinary action. (a) An employee
shall have the right to protest any disciplinary action taken against him or her by his or
her appointing authority; provided, however, an employee serving by temporary appointment
and an employee having probationary status shall have no right to protest any such disciplinary
action, unless such employee had permanent status in some other position at the time he or
she was appointed to his or her present position. An employee desiring to protest any disciplinary
action directed against him or her by his or her appointing authority shall file a protest
in writing with the board and with his or her appointing authority within seven days of the
date on which the disciplinary action was taken and request a hearing before the board. Within
seven days after receipt of the protest, his or her appointing authority shall file with the
chair of the board and mail to the employee by certified mail a...
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