31-2A-1
Section 31-2A-1 (Article 1.) Definitions. For the purposes of this code, unless the context otherwise requires, the following words have the following meanings: (1) ACCUSER. A person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (2) CADET, CANDIDATE, or MIDSHIPMAN. A person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces. (3) CLASSIFIED INFORMATION. Information that meets all of the following requirements: a. Any information or material that has been determined by an official of the United States or any state pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security. b....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-1.htm - 6K - Match Info - Similar pages
45-8-120.17
Section 45-8-120.17 Petition for review of board action. Any party, including the county commission and county appointing authorities, aggrieved by a final action of the board, shall be entitled to a review of the action by filing a petition in the Circuit Court of Calhoun County within 30 days after the action is taken. Upon the filing of any petition, notice shall also be served upon the chairperson of the board by the petitioner. The petitioner shall be heard by the court at the earliest practical date. Review by the court shall be without a jury and confined to the record of the board action. The record shall include transcripts or other documentation used by the board in arriving at its action. The court may, upon the terms and conditions as it shall deem proper, at any time before the hearing of the petition, permit the board to gather additional information and modify its final decision. The court, upon a hearing of the petition, may affirm or reverse and render or remand the...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in a paternity proceeding where the defendant has been declared the legal father, the case shall be reopened if there is scientific evidence presented by the defendant that he is not the father. The court shall admit into evidence any scientific test recognized by the court that has been conducted in accordance with established scientific principles or the court may order a blood test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court orders a test and any of the persons to be tested refuse to submit to the test, the fact shall be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified expert approved by the court. The expert may be called by the court or any party as a witness to testify to the test results and shall be subject to cross-examination by the parties. The test results may be admitted into evidence. If more than one...
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45-37A-100.06
Section 45-37A-100.06 Order of administrative hearing officer; judicial review. (a) Following an administrative hearing, the administrative hearing officer shall issue an order stating all of the following: (1) Whether the person charged with the civil violation is liable for the violation. (2) If the person is found to be liable, the amount of the fine assessed against the person, along with the fees and costs provided for herein. (b) Orders issued under this section may be filed in the office of the judge of probate in any county in Alabama, and shall operate as a judicial lien in the same manner and with the same weight and effect as any other civil judgment filed therein. (c) A person who is found liable after an administrative hearing may challenge that finding of civil liability in the Jefferson County Circuit Court, by filing a petition for judicial review with the Jefferson County Circuit Court. The petition for judicial review shall be filed not later than the 14th day after...
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45-37A-42.06
Section 45-37A-42.06 Order of administrative hearing officer; judicial review. (a) Following an administrative hearing, the Administrative Hearing Officer shall issue an order stating: (1) Whether the person charged with the civil violation is liable for the violation; and (2) If the person is found to be liable, the amount of the fine assessed against the person, along with the fees and costs provided for herein. (b) Orders issued under this section may be filed in the office of the judge of probate in any county in Alabama, and shall operate as a judicial lien in the same manner and with the same weight and effect as any other civil judgment filed therein. (c) A person who is found liable after an administrative hearing may challenge that finding of civil liability in the Jefferson County Circuit Court, by filing a petition for judicial review with the Jefferson County Circuit Court. The petition for judicial review must be filed not later than the 14th day after the date on which...
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31-2A-70
Section 31-2A-70 (Article 70.) Appellate counsel. (a) The senior judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases specified in Section 31-2A-67 (Article 67) and before any federal court when requested to do so by the state Attorney General. (b) Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court. (c) Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority. (d) Upon the request of an accused entitled to be so represented, the regional defense counsel shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections (b) and (c). (e) An accused may be represented by civilian appellate counsel at no expense to the state. (Act 2012-334, p. 790, ยง1.)...
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34-17A-17
Section 34-17A-17 Judicial review. (a) A person who has exhausted all administrative remedies available within the board and who is aggrieved by a final decision of the board is entitled to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately reviewable only if review of the final board action would not provide an adequate remedy. (b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery County within 30 days after service of the final decision of the board. Copies of the petition for review shall be served upon the board and the parties of record. (c) The filing of the petition does not stay enforcement of the decision of the board. The board may grant, or the reviewing court may order, a stay upon appropriate terms. (d) The review shall be conducted by the court without a jury and shall be confined to the record. (e) The court shall not substitute its judgment for that of the board as to the weight...
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12-22-197
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and transmission thereof to state Comptroller. If it appears to the trial court, after full investigation, that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure same, to pay the court reporter all of his lawful fee for transcribing the evidence and other proceedings had at the trial or the fees of the clerk incident to an appeal or that the defendant or petitioner has reasonably available to him only enough funds to pay a part of such fees, he shall make and enter an order requiring the court reporter to transcribe all or such parts of evidence of the proceedings occurring at the trial that may be necessary to afford the appellate court a record of sufficient completeness for review and shall order the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter an order authorizing the payment of a sum certain to the court...
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6-7-30
Section 6-7-30 Proceedings when defendant involved in bankruptcy. In any civil action in any court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed, it shall be the duty of the court in which such civil action is pending to proceed with the trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment in accordance with the law and the evidence in the case. The court in which such civil action is pending shall also have authority, and it shall be its duty, to grant such stay of execution against such defendant as may be appropriate or as may be provided for in the order of the bankruptcy court, or to embody in the judgment entered in such case such provision as may be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit the manner of enforcement of said judgment, or so as to limit the...
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11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days after receipt of written charges or a written appeal of an employee from a decision after predisciplinary hearing, the board shall schedule and hold a public hearing in regard thereto and render a decision. The board shall provide notice of the hearing to the mayor, the employee's department head, and the city attorney. At the hearing, the employee shall be entitled to be represented by an attorney of his or her choosing and expense. (b) If the regular status employee appeals, no disciplinary action taken against the employee shall become final until the board holds a hearing on the action. Provided however, suspensions with or without pay in regard to seeking an employee's termination shall remain in effect until a final ruling by the board unless otherwise ordered by the board. (c) All hearings before the board shall be recorded and transcribed. In all cases, the decision of the board shall be...
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