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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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22-11A-64
Section 22-11A-64 Appeal process. (a) Any health care worker who has appealed the State Health
Officer's final order to the State Committee of Public Health and who is aggrieved by the
outcome may appeal that decision by filing a notice of appeal in the circuit court of his
or her county of residence or in the Circuit Court of Montgomery County within 30 days of
the issuance of the final decision of the State Committee of Public Health. (b) The health
care worker may be represented by counsel or may participate in proceedings in the court on
his or her own behalf. If the health care worker elects to represent himself or herself, the
pleadings, documents, and evidence filed with the court shall be liberally construed to do
substantial justice. The court shall provide assistance to the health care worker in preparing
and filing the notice of appeal and shall take those steps that are necessary to keep the
health care worker's identity confidential. The assistance may be provided by court...
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12-20-50
Section 12-20-50 Establishment or restoration of lost, etc., records of state, county, or municipality.
The circuit courts of this state shall have jurisdiction of an action by the state, a county
or municipality or any citizen who will give security for the costs of the proceeding to establish
or restore any lost, mislaid, destroyed or mutilated records of the state, county or municipality,
or of any department, agency or instrumentality thereof. Such courts shall have jurisdiction
and power to prescribe all necessary rules, regulations and proceedings proper or necessary
to establish or restore lost, mislaid, destroyed or mutilated records and, when so established
or restored, to declare them to be the proper and legal records as the original which was
so lost, mislaid, destroyed or mutilated. The proceedings shall be ex parte, and any citizen
of the state who will give security for the costs of the appeal may appeal from the order,
judgment or decision of the circuit court...
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34-24-173
Section 34-24-173 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs. The board shall give effect to the rules
of privilege recognized by law. Except as hereinafter provided, objections to evidentiary
offers may be made and shall be noted in the record. Whenever any evidence is excluded as
inadmissible, all such evidence existing in written form shall remain a part of the record
as an offer of proof. The party seeking the admission of oral testimony may make an offer
of proof by means of a brief statement on the record describing the testimony excluded. All
rulings on the admissibility of evidence shall be final and shall appear...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-173.htm - 3K - Match Info - Similar pages
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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34-24-360
substances; a copy of the record of conviction, certified to by the clerk of the court entering
the conviction, shall be conclusive evidence. (7) Use of any untruthful or deceptive or improbable
statements concerning the licensee's qualifications or the effects or results of his or her
proposed treatment. (8) Distribution by prescribing, dispensing, furnishing, or supplying
of controlled substances to any person or patient for any reason other than a legitimate medical
purpose. (9) Gross malpractice or repeated malpractice or gross negligence in
the practice of medicine or osteopathy. (10) Division of fees or agreement to split or divide
the fees received for professional services with any person for bringing or referring a patient.
(11) Performance of unnecessary diagnostic tests or medical or surgical services. (12) Charging
fees determined by the commission to be grossly excessive or intentionally filing or causing
to be filed false or fraudulent claims, as defined by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-360.htm - 16K - Match Info - Similar pages
37-1-124
Section 37-1-124 Proceedings on appeal. The commission's order shall be taken as prima facie
just and reasonable. 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 title
and affecting the order, ruling or award appealed from, but the court shall otherwise hear
the case upon the certified record and shall set aside the order if the court finds that:
(1) The commission erred to the prejudice of appellant's substantial rights in its application
of the law; or (2) The order, decision or award was procured by fraud or was based upon a
finding of facts contrary to the substantial weight of the evidence. However, the court may,
instead of setting aside the order, remand the case to the commission for further proceedings
in conformity with the direction of the court. The court may, in advance of judgment and upon
a sufficient showing, remand the case to the commission for the purpose of...
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15-4-1
Section 15-4-1 Duty of coroner to take sworn statement on death; direction to summon jury;
service, compensation, and oath of jurors. (a) When a coroner has been informed that a person
has been killed or suddenly died under such circumstances as to afford a reasonable ground
for belief that such death has been occasioned by the act of another by unlawful means, he
must forthwith make inquiry of the facts and circumstances of such death by taking the sworn
statement in writing of the witnesses having personal knowledge thereof and submit the same
to a judge of a court of record or a district attorney. (b) If, upon such preliminary inquiry,
the judge or district attorney is satisfied from the evidence that there is reasonable ground
for believing that such death has been occasioned by the act of another by unlawful means,
he must direct the coroner to forthwith summon a jury of six qualified jurors of the county
to appear before him forthwith at a specified place and inquire into the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-4-1.htm - 2K - Match Info - Similar pages
16-46-9
Section 16-46-9 Review by State Board of Education; review by Circuit Court of Montgomery County.
Any person or school or private postsecondary institution aggrieved by the actions of the
Department of Postsecondary Education with respect to exemption, issuance, denial, deferral,
probation, suspension, or revocation of a license or permit provided for in Sections 16-46-3,
16-46-5, and 16-46-6, may file within 30 days a petition for review by the State Board of
Education. The aggrieved person, school, or institution shall then be entitled to a hearing
before the State Board of Education. The person, school, or institution may be represented
by counsel at the hearing. The aggrieved person, school, or institution may adduce evidence,
both oral and documentary, at such hearing and on official record if such hearing shall be
transcribed by a qualified court reporter. After the State Board of Education acts on the
petition for review, any person, school, or institution aggrieved by the State...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-46-9.htm - 3K - Match Info - Similar pages
17-16-68
Section 17-16-68 Commission to take testimony. The commission shall take testimony on the part
of the contestant, and also on the part of the contestee, and shall have power to send for
witnesses, books, and papers anywhere in the State of Alabama; shall have power to issue warrants,
under the hand of the chair, to any judge, or clerk of any court of record or such other competent
and discreet person as the commission may appoint, to take the deposition of witnesses at
such time and place as the warrant shall direct, and the points as to which the testimony
is to be taken shall be set forth in such warrant. The evidence taken in the case of a contest
of the election of one officer may be used in the contest of the election of any other officer
voted for at the same election and contested before the Legislature; provided, that notice
that such evidence will be used, or offered, shall be given to the party or parties interested
in such other office, so that all parties interested may be...
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