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2-10-32
Section 2-10-32 Order of board after hearing; appeal. The State Board of Agriculture and Industries,
upon any hearing provided for in this article, may require the commissioner to call a meeting
of the directors of the association and seek to work out a solution of conditions with them,
may order the conditions on which there may be a continuation of the operation of such association
or may require an agent appointed by the board or commissioner to take charge and reorganize
the association or wind its business up or may make such other order as it deems will best
protect the interest of the public. An appeal shall lie from the order of the board by any
person interested by filing bond with and to be approved by the register or clerk of the Circuit
Court of Montgomery County. The matter shall be heard de novo in such court; provided, that
the order of the board shall be presumed prima facie correct. Upon such hearing the court
shall issue an order sustaining or reversing the order of...
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26-2B-106
Section 26-2B-106 Taking testimony in another state. (a) In a guardianship or protective proceeding,
in addition to other procedures that may be available, testimony of a witness who is located
in another state may be offered by deposition or other means allowable in this state for testimony
taken in another state. The court on its own motion may order that the testimony of a witness
be taken in another state and may prescribe the manner in which and the terms upon which the
testimony is to be taken. (b) In a guardianship or protective proceeding, a court in this
state may permit a witness located in another state to be deposed or to testify by telephone
or audiovisual or other electronic means. A court of this state shall cooperate with the court
of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological
means that do not produce an original writing may not...
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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence
which appears to show that a physician or osteopath holding a certificate of qualification
to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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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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22-9A-10
Section 22-9A-10 Judicial procedure to establish facts of birth. (a) If a delayed certificate
of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner
may be filed with a circuit court of any county in this state in which he or she resides or
was born, for an order establishing a birth record. (b) The petition shall allege each of
the following: (1) The person for whom a delayed certificate of birth is sought was born in
this state. (2) No certificate of birth can be found in the Office of Vital Statistics. (3)
Diligent efforts by the petitioner have failed to obtain the evidence required in accordance
with Section 22-9A-9. (4) The State Registrar has refused to register a delayed certificate
of birth. (5) Other allegations as may be required. (c) The petition shall be accompanied
by a statement of the State Registrar made in accordance with Section 22-9A-9 and all documentary
evidence which was submitted to the State Registrar in support of the...
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30-3B-111
Section 30-3B-111 Taking testimony in another state. (a) In addition to other procedures available
to a party, a party to a child custody proceeding may offer testimony of witnesses who are
located in another state, including testimony of the parties and the child, by deposition
or other means allowable in this state for testimony taken in another state. The court on
its own motion may order that the testimony of a person be taken in another state and may
prescribe the manner in which and the terms upon which the testimony is taken. (b) A court
of this state may permit an individual residing in another state to be deposed or to testify
by telephone, audiovisual means, or other electronic means before a designated court or at
another location in that state. A court of this state shall cooperate with courts of other
states in designating an appropriate location for the deposition or testimony. (c) Documentary
evidence transmitted from another state to a court of this state by...
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34-25-7
Section 34-25-7 Injunctions; contempt of court. If any person violates any provisions of this
chapter, the board shall, upon direction of a majority of the board, in the name of the State
of Alabama, apply in any circuit court of competent jurisdiction for an order enjoining such
violation or an order enforcing compliance with this chapter. Upon the filing of a verified
petition in the court, the court, or any judge thereof, if satisfied by affidavit or otherwise
that the person has violated this chapter, may issue a temporary injunction, without notice
or bond, enjoining such continued violation; and, if it is established that the person has
violated or is violating this chapter, the court, or any judge thereof, may enter a judgment
perpetually enjoining the violation or enforcing compliance with this chapter. In case of
violation of any order or judgment issued under the provisions of this section, the court,
or any judge thereof, may try and punish the offender for contempt of...
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43-2-335
Section 43-2-335 Order authorizing hiring of laborers - Petition; notice and hearing. Before
granting such order, the court must require the administrator to file a petition under oath,
setting forth the facts upon which the application is based; and, upon the filing of such
petition, the court must appoint a day for the hearing of the same, and must give 10 days'
notice thereof by advertisement in some newspaper published in the county, or if there be
no newspaper published in the county, then by posting the notice at the courthouse door. On
the day appointed, the court must proceed to hear and determine the same upon the evidence
adduced by the petitioner, or the other parties in interest, and any other evidence that the
court may, in its discretion, cause to be adduced. Unless good cause be shown to the contrary,
the court must grant such order, and must require the petitioner to return a written report
of such hiring under oath, on or before a day specified in such order. (Code...
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12-21-6
Section 12-21-6 Copy of hospital records - Subpoena duces tecum; inspection; form; weight.
(a) A certified copy of said hospital records may be procured by any litigant in any court
of competent jurisdiction in the state by subpoena duces tecum, and when any such subpoena
duces tecum is issued for said hospital records, the custodian of said hospital records shall
prepare a copy of said hospital records as provided in this subsection and securely seal the
same in an envelope or other container and date and fill out and sign a certificate in substantially
the form provided in Section 12-21-7 and place on, or securely fasten said certificate to
the outside of, said envelope or container in which said copy of said hospital records are
placed and deliver the same to the clerk or register of the court hearing, or to hear or to
try, the case or proceeding in which the records are sought, and he shall not otherwise be
required to appear in court unless thereafter ordered to do so by the...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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