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16-24C-6
of positions or for incompetency, insubordination, neglect of duty, immorality, failure to
perform duties in a satisfactory manner, or other good and just cause, subject to the rights
and procedures hereinafter provided. However, a vote or decision to approve a recommended
termination on the part of a president of a two-year educational institution operated under
the authority and control of the Department of Postsecondary Education or the governing board
shall not be made for political or personal reasons. (b) The termination of a tenured
teacher or nonprobationary classified employee who is not an employee of a two-year educational
institution operated under the authority and control of the Department of Postsecondary Education
shall be initiated by the recommendation of the chief executive officer in the form of a written
notice of proposed termination to the employee. A tenured teacher or a nonprobationary classified
employee who is employed by a two-year educational institution...
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31-2A-73
Section 31-2A-73 (Article 73.) Petition for a new trial. At any time within two years after
approval by the convening authority of a court-martial sentence, the accused may petition
the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud
on the court-martial. At any time within 45 days of discovery of fraud on the court-martial
or newly discovered evidence, the accused may petition for new trial with the Military Court-Martial
Review Panel. In the event the accused's case is pending before the Alabama Supreme Court,
the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.
(Act 2012-334, p. 790, §1.)...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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15-13-114
Section 15-13-114 Obligation of sureties continues during trial. The obligation of the sureties
continues throughout every stage of trial, from the time the defendant is entered thereon
until the rendition of the verdict by the jury or judge. The finding of the defendant guilty
by a jury or judge discharges the sureties. The obligation of the sureties are also discharged
when the judge takes any of the following actions: (1) Sentences the defendant. (2) Grants
the prosecutor's motion to nol pros the case. (3) Dismisses the case. (4) Issuance of any
order to the defendant to attend driving-under-the-influence school, mental health counseling,
or any similar order of which the court would only have had the authority to do so, if there
had been an adjudication of guilt or in cases where there has been an adjudication of guilt.
(5) Issuance of any order of restitution. (6) Announcement or order of sentence prior to any
probation determination. (Acts 1993, No. 93-677, p. 1259, §15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-114.htm - 1K - Match Info - Similar pages
12-18-7
Section 12-18-7 Filing of declaration as to intention to retire by justices of Supreme Court,
judges of courts of appeals and judges of circuit courts; endorsement and forwarding thereof
by Chief Justice of Supreme Court; oath, powers, duties, etc., of retired justices and judges;
forfeiture of right to receive retirement benefits by certain justices or judges upon failure
to file declaration of intention to retire. (a) Any justice of the Supreme Court or any judge
of one of the courts of appeals or of a circuit court of the state who desires to be retired
pursuant to this article shall file a written declaration relative to his intention to elect
such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence
of the conditions prerequisite to such retirement, shall endorse his findings thereon and
forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund. (b) The
retiring justice or judge, upon being retired, shall take the oath...
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34-27A-22
Section 34-27A-22 Revocation or suspension of license - Hearing; findings; judicial review
as to questions of law. (a) The hearing on the charges shall be at a time and place prescribed
by the board and in accordance with this article. (b) If the board determines that a licensed
real estate appraiser is guilty of a violation of this article, it shall prepare a finding
of fact and recommend that the appraiser be reprimanded or that his or her license be suspended
or revoked. The decision and order of the board shall be final. (c) Any final decision or
order of the board shall be reviewable by a court of appropriate jurisdiction as to the questions
of law only. Any application for review made by an aggrieved party shall be filed within 30
days after the final decision or order of the board. (d) If an application for review of a
final decision or order of the board is filed, the case shall be fixed for trial within 30
days from the filing of an answer by the board. If the court finds that...
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12-15-106
ratified by the original signature of a judge with authority over juvenile matters. (h) Matters
Before the Referee Needing Immediate Action. If a matter before a referee requires immediate
action, the referee shall state in his or her written findings and recommendations why the
recommendations should be effective immediately. These matters for immediate action may include,
but are not limited to, matters of contempt, the physical safety of the child, or the safety
of others, or when the personal liberty of the child may be infringed. In such event,
the written recommendations of the referee shall be effective and binding, upon the consent
of the parties, for a period not exceeding 72 hours. In the event the parties do not consent
to immediate action, the recommendations shall be reviewed immediately by any judge with authority
over juvenile matters, who may order an appropriate temporary order based on the findings
and recommendations, which order will be effective for a period not...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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11-62-4
Section 11-62-4 Amendment of certificate of incorporation. (a) The certificate of incorporation
of any authority may at any time and from time to time be amended in the manner provided in
this section. The board of the authority shall first adopt a resolution proposing an amendment
to the certificate of incorporation, which amendment shall be set forth in full in the said
resolution and may include any matters which might have been included in the original certificate
of incorporation of any authority organized on the date of the adoption of the said resolution
proposing the amendment. (b) After the adoption by the board of a resolution proposing an
amendment to the certificate of incorporation of any authority, the board shall file a written
application with the governing body of the determining municipality. Such application shall
state that it is wise, expedient, necessary, or advisable for the said amendment to be made
and request that the governing body of the determining...
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