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41-4-36
Section 41-4-36 Inspection and production of books, records, accounts, etc.; examination of
witnesses. The Director of Finance and any authorized officer or employee of the Department
of Finance shall, in the performance of his official duties, for the purpose of examination,
have access to, and the right to copy from, any book, record, account, document, receipt or
paper of any of the departments, boards, bureaus, commissions, agencies, offices or institutions
of the state or of any of the counties, municipal corporations, political subdivisions or
public bodies in the state or of the officers or employees thereof, in such manner as may
be reasonable and at reasonable times. The Director of Finance or any officer or employee
of the Department of Finance designated by the director, in the performance of his official
duties, shall have the power to administer oaths, certify to official acts, take and cause
to be taken depositions of witnesses, issue subpoenas, compel the attendance of...
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12-21-3.1
Section 12-21-3.1 Subpoena of law enforcement officers and investigative reports; disposition
of criminal matters. (a) Neither law enforcement investigative reports nor the testimony of
a law enforcement officer may be subject to a civil or administrative subpoena except as provided
in subsection (c). (b) Law enforcement investigative reports and related investigative material
are not public records. Law enforcement investigative reports, records, field notes, witness
statements, and other investigative writings or recordings are privileged communications protected
from disclosure. (c) Under no circumstance may a party to a civil or administrative proceeding
discover material which is not authorized discoverable by a defendant in a criminal matter.
Noncriminal parties may upon proper motion and order from a court of record: Secure photographs,
documents and tangible evidence for examination and copying only by order of a court imposing
such conditions and qualifications as may be...
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34-24-194
Section 34-24-194 Complaint charging violation of article; hearing; subpoenas; judicial review
of revocation or refusal of license. (a) Any person may file a complaint with the board against
any licensed physical therapist or licensed physical therapist assistant in the state charging
the person with a violation of this article. The complaint shall set forth specifications
of charges in sufficient detail to disclose to the accused fully and completely the alleged
acts of misconduct for which he or she is charged. When a complaint is filed, the executive
director of the board shall mail a copy thereof to the accused by registered mail at his or
her address of record, with a written notice of the time and place of a hearing of the complaint,
advising the accused that he or she may be present in person and by counsel if he or she so
desires to offer testimony and evidence in his or her defense. (b) The board may issue subpoenas
and compel the attendance of any witness or the production of...
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45-28-234.13
Section 45-28-234.13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The board shall
have the power to administer oaths, take depositions, certify official acts, and issue subpoenas
to compel the attendance of witnesses and production of papers necessary as evidence in connection
with any hearing, investigation, or proceeding within the purview of this part. The sheriff,
or some other person so designated by the sheriff, shall serve all processes of the board,
and shall attend and preserve order at all public hearings conducted by the board. If a person
refuses to obey a subpoena from the board, the board or its authorized representative, may
ask the Circuit Court of Etowah County to order the evidence to be produced. Upon proper showing,
the circuit court may order compliance with the subpoena. Failure to comply with such an order
may constitute contempt of court. The fees of witnesses...
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12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of supervision
to be accorded privilege against self-incrimination; admissibility in evidence of extrajudicial
statements of children and evidence illegally seized or obtained; double jeopardy. (a) A child
charged with a delinquent act or who is alleged to be in need of supervision shall be accorded
the rights and privileges afforded by the Constitution of the United States and the Constitution
of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally inadmissible
in a criminal proceeding may not be received in evidence over objection. Evidence illegally
seized or obtained may not be received in evidence over objection to establish the allegations
against the child. An extrajudicial admission or confession made by the child out of court
is insufficient to support a finding that the child committed the acts alleged in the petition
unless it is corroborated by other evidence. (c)...
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31-2A-136
Section 31-2A-136 (Article 136.) Authority to administer oaths and to act as notary. (a) The
following persons may administer oaths for the purposes of military administration, including
military justice: (1) All judge advocates. (2) All summary courts-martial. (3) All adjutants,
assistant adjutants, acting adjutants, and personnel adjutants. (4) All other persons designated
by regulations of the Armed Forces of the United States or by statute. (b) The following persons
may administer oaths necessary in the performance of their duties: (1) The president, military
judge, and trial counsel for all general and special courts-martial. (2) The president and
the counsel for the court of any court of inquiry. (3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation. (5) All recruiting officers. (6) All
other persons designated by regulations of the Armed Forces of the United States or by statute.
(c) The signature without seal of any such person,...
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45-17A-50.10
Section 45-17A-50.10 Finality of disciplinary action; record of hearing and determination;
procedures of hearings; review. (a) No disciplinary action taken against a regular status
employee, except a head of a department, that involves suspension without pay, demotion, dismissal,
or any other action as defined by the implementing rules and regulations shall become final
until the board holds a hearing on the action, if the employee appeals the action in writing
to the board within 10 calendar days of receipt of written notification of the action to be
taken by the mayor. Within 30 calendar days after receipt of the written appeal of the employee,
the board shall schedule and hold a public hearing on the appeal and render a decision. (b)
All hearings before the board shall be recorded and transcribed. In all cases, the decision
of the board shall be reduced to writing and entered in the record of the case. The board
may in its decision uphold the action by the mayor, modify the action,...
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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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45-11-231.10
Section 45-11-231.10 Removal, discharge, or demotion of merit employees; proceedings before
board; appeal. (a) The sheriff may remove, discharge, or demote any merit employee who is
directly under the sheriff, provided that within five days a report in writing of the action
is made to the board, giving the reason for the removal, discharge, or demotion. The employee
shall have 10 days within which to appeal to the board from the time of his or her notification
of removal, discharge, or demotion. If an appeal is filed, the board shall thereupon order
the charges or complaint to be filed forthwith in writing, if not already filed, and shall
hold a hearing de novo on the charges. No merit employee shall be removed, discharged, or
demoted except for some personal misconduct or fact rendering his or her further tenure harmful
to the public interest, or for some cause affecting or concerning his or her fitness or ability.
If the employee's removal, discharge, or demotion is appealed to the...
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1-1-1
Section 1-1-1 Meaning of certain words and terms. The following words, whenever they appear
in this Code, shall have the signification attached to them in this section unless otherwise
apparent from the context: (1) PERSON. The word "person" includes a corporation
as well as a natural person. (2) WRITING. The word "writing" includes typewriting
and printing on paper. (3) OATH. The word "oath" includes affirmation. (4) SIGNATURE
or SUBSCRIPTION. The words "signature" or "subscription" include a mark
when the person cannot write, if his name is written near the mark, and witnessed by a person
who writes his own name as a witness, and include with respect to corporate securities facsimile
signature placed upon any instrument or writing with intent to execute or authenticate such
instrument or writing. (5) LUNATIC, INSANE or NON COMPOS MENTIS. The words "lunatic"
or "insane" or the term "non compos mentis" include all persons of unsound
mind. (6) PROPERTY. The word "property" includes both...
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