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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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22-6-153
Section 22-6-153 Contract to provide medical care to Medicaid beneficiaries; enrollment; grievance
procedures; duties of Medicaid Agency. (a) Subject to approval of the federal Centers for
Medicare and Medicaid Services, the Medicaid Agency shall enter into a contract in each Medicaid
region for at least one fully certified regional care organization to provide, pursuant to
a risk contract under which the Medicaid Agency makes a capitated payment, medical care to
Medicaid beneficiaries. However, the Medicaid Agency may enter into a contract pursuant to
this section only if, in the judgment of the Medicaid Agency, care of Medicaid beneficiaries
would be better, more efficient, and less costly than under the then existing care delivery
system. The Medicaid Agency may contract with more than one regional care organization in
a Medicaid region. Pursuant to the contract, the Medicaid Agency shall set capitation payments
for the regional care organization. (b) The Medicaid Agency shall...
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22-8A-11
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient
followed; persons who may serve as surrogate; priority; validity of decisions; liability;
form; declaratory and injunctive relief; penalties. (a) If no advance directive for health
care has been made, or if no duly appointed health care proxy is reasonably available, or
if a valid advance directive for health care fails to address a particular circumstance, subject
to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending
physician, may, subject to the provisions of Section 22-8A-6, determine whether to provide,
withdraw, or withhold life-sustaining treatment or artificially provided nutrition and hydration
if all of the following conditions are met: (1) The attending physician determines, to a reasonable
degree of medical certainty, that: a. The individual is no longer able to understand, appreciate,
and direct his or her medical treatment, and b. The individual...
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12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings. (a) If
the allegations are denied, the juvenile court shall proceed to hear evidence on the petition.
If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material,
and relevant evidence, that the child committed the acts by reason of which the child is alleged
to be delinquent or in need of supervision, the juvenile court shall record its findings and
proceed to determine whether the child is in need of care or rehabilitation. If the juvenile
court finds that the allegations in the petition have not been established, the juvenile court
shall dismiss the petition and order the child discharged from any detention or temporary
care, theretofore ordered in the proceedings. (b) If the child admits to the allegations contained
in the petition, the juvenile court shall record its findings and proceed to determine whether
the child is in need of care or rehabilitation. (c) When...
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13A-12-57
Section 13A-12-57 Trial; defendant bound over. The court shall thereupon proceed to hear the
evidence in the case, and, if probable cause is shown for believing said parties or any of
them to be guilty, he shall bind them over under proper bond to await the action of the grand
jury in accordance with the laws of the state as prescribed in preliminary examinations before
courts authorized by law to conduct preliminary examinations, and all rules of procedure applicable
to such preliminary examinations shall be likewise applicable to proceedings under this division.
(Acts 1909, No. 193, p. 183; Code 1923, §4289; Code 1940, T. 14, §301; Code 1975, §13-7-98.)...
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5-19-26
Section 5-19-26 Appeals to circuit court from order of administrator; appeals from decision
of circuit court. (a) Any interested party or intervener may appeal an order of the administrator
to the Circuit Court of Montgomery County or to the circuit court of the county in which such
party has its principal place of business in Alabama by filing notice of appeal with the administrator
and with the register or clerk of the circuit court within 30 days from the date of said final
order. The administrator's findings shall be prima facie correct, but the circuit court may
hear such appeal according to its own rules and procedure, including the taking of additional
testimony and staying the order. In the circuit court, the trial shall be de novo. The court
may, if it decides that the Administrator has erred to the prejudice of appellant's substantial
rights in its application of the law or that the order was based upon findings of fact contrary
to the substantial weight of the evidence,...
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5-25-15
Section 5-25-15 Appeal. (a) Any interested party or intervener may appeal an order of the department
to the Circuit Court of Montgomery County or to the circuit court of the county in which such
party has its principal place of business in Alabama by filing notice of appeal with the department
and with the register or clerk of the circuit court within 30 days from the date of said final
order. The department's findings shall be prima facie correct, but the circuit court may hear
such appeal according to its own rules and procedures, including the taking of additional
testimony and staying the order. In the circuit court, the trial shall be de novo. The court
may, if it decides that the department has erred to the prejudice of appellant's substantial
rights in its application of the law or that the order was based upon findings of fact contrary
to the substantial weight of the evidence, remand the proceeding to the department for further
action in conformity with the direction of the...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing
at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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30-3-197
Section 30-3-197 Authorized actions; safeguards. (a) Provided that no actions are pending before
any circuit and district court of this state, the state Title IV-D agency may take the following
actions related to establishment of paternity or to the establishment, modification, or enforcement
of support orders, without the necessity of obtaining an order from any other judicial or
administrative tribunal, or in furtherance of any existing order, and to recognize and enforce
the authority of the state Title IV-D agencies of other states of the following actions: (1)
To order genetic testing for the purpose of paternity establishment. (2) To subpoena any financial
or other information needed to establish, modify, or enforce a support order, and to impose
penalties for failure to respond to a subpoena. (3) To require all entities in the state,
including for profit, nonprofit, and governmental employers, to provide promptly, in response
to a request by the state Title IV-D agency of this...
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41-5A-14
Section 41-5A-14 Subpoenas. (a) The chief examiner may issue subpoenas to compel the attendance
of witnesses and production of papers necessary as evidence in connection with a dispute,
claim, examination, audit, or the administration of this chapter. (b) In case a person refuses
to comply with a subpoena, the chief examiner may invoke the aid of any circuit court with
jurisdiction in order that the testimony or evidence be produced. Upon proper showing, the
court shall issue a subpoena or order requiring the person to appear before the chief examiner
or his or her representative and produce all evidence and give all testimony relating to the
matter at issue. (c) A person failing to comply with an order may be punished by the court
for contempt. (Act 2018-129, §1.)...
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