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31-3-5
Section 31-3-5 Limitation on time for presentation of claims; rules of evidence and procedure
for determination of claims generally. (a) All claims for compensation as provided in this
chapter shall be presented to the awarding authority within one year from the date of the
death of the Alabama national guardsman on whom the claimant was dependent; otherwise, they
are forfeited. All such claims shall be presented in the form prescribed by the awarding authority.
Proof of the facts and circumstances of the Alabama national guardsman's death and the claimant's
relationship to and dependence upon such guardsman shall be made in the manner prescribed
by the awarding authority. (b) The awarding authority is hereby authorized to prescribe such
forms and adopt such rules of evidence and procedure as it deems necessary or proper, not
inconsistent with the provisions of this chapter, for the proper determination of all claims
for compensation under this chapter. (Acts 1967, No. 436, p. 1105,...
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31-3-3
Section 31-3-3 Payment of compensation - Manner; apportionment among dependents. The compensation
payable to surviving dependents of Alabama national guardsmen who are killed under the circumstances
prescribed in Section 31-3-2 shall be paid to the persons entitled thereto, without administration,
or to a guardian or such other person as the awarding authority may direct, for the use of
the persons entitled thereto as follows: (1) If the deceased Alabama national guardsman leaves
a dependent widow and no other dependents or partial dependents the total amount of the compensation
provided for by this chapter shall be paid to such widow. (2) If the deceased Alabama national
guardsman leaves a dependent widow and a dependent child or dependent children and no other
dependents or partial dependents, then the total amount of the compensation provided for by
this chapter shall be paid to such widow for the benefit of herself and such child or children.
Or, in its discretion, the awarding...
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31-3-7
Section 31-3-7 Construction of chapter; decision of awarding authority to be final. This chapter
shall not be construed to give any person a right of action against the State of Alabama in
any court for the recovery of the compensation authorized by this chapter. The decision of
the awarding authority shall be final, and shall not be subject to appeal to or review by
any court. Neither shall this chapter be construed to take away any right of action in any
court under any other law for the recovery of damages for the death of an Alabama national
guardsman; nor, in the event of the death of a guardsman who was an employee of the State
of Alabama at the time of the injury which proximately caused his death, shall this chapter
be construed to take away the right or privilege of the surviving dependents of such guardsman
to file a claim for damages with the State Board of Adjustment pursuant to any other law.
(Acts 1967, No. 436, p. 1105, ยง7.)...
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31-3-1
Section 31-3-1 Definitions. (a) The following words and phrases when used in this chapter shall
have the following meanings, respectively, unless the context shall clearly indicate a different
meaning in the connection used: (1) AWARDING AUTHORITY. The State Board of Adjustment, created
and existing pursuant to Article 4 of Chapter 9 of Title 41 of this Code. (2) CHILD or CHILDREN.
Such term includes posthumous children and all other children entitled by law to inherit as
children of the deceased, also stepchildren who were members of the family of the deceased
at the time of his death, and dependent upon him for support, also a grandchild of the deceased
Alabama national guardsman, whose father is dead or is an invalid, and who was supported by
and was a member of the family of such deceased grandparent at the time of his death. (3)
DEPENDENT CHILD. An unmarried child under the age of 18 years, or one over that age who is
physically or mentally incapacitated from earning. (4) ALABAMA...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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36-30-5
Section 36-30-5 Presentation of claims for compensation; forms; rules of evidence and procedure.
(a) All claims for compensation as provided in this article shall be presented to the awarding
authority within two years from the date of the death of the peace officer, firefighter, or
rescue squad member or the claims are forfeited. All such claims shall be presented in the
form prescribed by the awarding authority, and proof of the facts and circumstances of the
peace officer's, firefighter's, or rescue squad member's death and, if necessary, the claimant's
relationship to and dependence upon such peace officer, firefighter, or rescue squad member
shall be made in the manner prescribed by the awarding authority. (b) Notwithstanding the
provisions of subsection (a), any person who was previously ineligible to claim the compensation
provided in this article, but is now eligible to claim the compensation provided in this article
because of the enactment of Act 2008-480, and who is making a...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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39-2-2
Section 39-2-2 Advertisement for and opening of sealed bids for public works contracts; violations;
exclusions; emergency actions; sole source specification. (a) Before entering into any contract
for a public works involving an amount in excess of fifty thousand dollars ($50,000), the
awarding authority shall advertise for sealed bids, except as provided in subsection (j).
If the awarding authority is the state or a county, or an instrumentality thereof, it shall
advertise for sealed bids at least once each week for three consecutive weeks in a newspaper
of general circulation in the county or counties in which the improvement or some part thereof,
is to be made. If the awarding authority is a municipality, or an instrumentality thereof,
it shall advertise for sealed bids at least once in a newspaper of general circulation published
in the municipality where the awarding authority is located. If no newspaper is published
in the municipality, the awarding authority shall advertise by...
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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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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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