Code of Alabama

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34-27-38
Section 34-27-38 Disciplinary action - Appeals. (a) Findings of the commission are final unless
within 30 days after the date of the commission's final order, the applicant or accused files
a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her
residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit
court of the county of registration or the county in which the corporation has its principal
place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with
the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal
after the clerk has approved the appellant's bond. (b) An appeal does not act as supersedeas,
but the decision of the commission may be stayed by the court pending such appeal. (c) The
commission shall within 30 days of service of the notice of appeal, or within such additional
time as the court may allow, file the record in the case with the...
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45-49A-81.06
Section 45-49A-81.06 Applications for pensions and relief. The City Council of the City of
Prichard, Alabama, shall hear and decide all applications for pensions and relief under this
part, and the decision upon such application shall be final and conclusive, and not subject
to review or reversal except by such city council. The city council shall cause a complete
and separate record to be kept of all its meetings and proceedings under this part. Provided,
however, that in the event of a willful, fraudulent, or discriminatory interpretation of the
terms of this part by the city council, the same shall be subject to review by the Circuit
Court of Mobile County, Alabama, with the right of appeal to either party. (Acts 1956, 1st
Sp. Sess., No. 107, p. 154, §7; Acts 1963, No. 235, p. 636, §7.)...
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27-29-13
Section 27-29-13 Judicial review of actions by commissioner; petition for mandamus against
same. (a) Any person aggrieved by any act, determination, rule, regulation, or order or any
other action of the commissioner pursuant to this chapter may appeal therefrom within 30 days
after such action, determination, rule, or regulation is taken or issued, in accordance with
the provisions of Section 27-2-32, except that the court shall conduct its review without
a jury and by trial de novo; provided, however, that all the parties, including the commissioner,
may stipulate that the review shall be confined to the record. Portions of the record may
be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.
(b) The filing of an appeal pursuant to this section shall stay the application of any such
rule, regulation, order, or other action of the commissioner to the appealing party unless
the court, after giving such party notice and an opportunity to be...
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27-5B-10
Section 27-5B-10 Reinsurer not licensed, accredited or certified - Additional reinsurance agreement
requirements. (a) If the assuming insurer is not licensed, accredited or certified to transact
insurance or reinsurance in this state, the credit permitted by Sections 27-5B-6 and 27-5B-7
shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (1)
That in the event of the failure of the assuming insurer to perform its obligations under
the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding
insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state
of the United States, will comply with all requirements necessary to give the court jurisdiction,
and will abide by the final decision of the court or of any appellate court in the event of
an appeal. (2) To designate the commissioner or a designated attorney as its true and lawful
attorney upon whom may be served any lawful process in any...
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45-39-40.26
Section 45-39-40.26 Decisions of board; appeals. (a) Findings made by the board are deemed
conclusive, unless within 30 days after notice of the decision of the board has been given
an aggrieved party, the aggrieved person shall appeal the finding or ruling to the circuit
court of the county of his or her residence or to the Circuit Court of Lauderdale County.
In the event of such appeal, the circuit court shall hear the same de novo. The appeal shall
be taken by the filing with the board of a letter stating the aggrieved person's desire to
appeal the findings, and the letter shall specify whether the appeal is taken to the circuit
court of the county of his or her residence or to the Circuit Court of Lauderdale County.
The aggrieved person shall have a right to demand trial by jury by demanding same at the time
of the filing with the board of the notice of appeal. The action of the board shall be stayed
pending appeal. The circuit court shall have the right to affirm, reverse, or...
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10A-2-14.23
Section 10A-2-14.23 Appeal from denial of reinstatement. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
If the Secretary of State denies a corporation's application for reinstatement following administrative
dissolution, he or she shall serve the corporation under Section 10A-1-5.31, 10A-1-5.35, or
10A-1-5.36 with a written notice that explains the reason or reasons for denial. (b) The corporation
may appeal the denial of reinstatement to the circuit court of the county where its articles
of incorporation are filed within 30 days after service of the notice of denial is perfected.
A corporation created by an act of the Legislature prior to the adoption of the Constitution
of Alabama of 1901, or which resulted from a merger or consolidation, may appeal to the Circuit
Court of Montgomery County. The corporation appeals by petitioning the court to set aside
the dissolution and attaching to the petition copies...
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34-14A-8
Section 34-14A-8 Revocation, etc., of license; consumer complaint; hearing; appeal; reissuance;
fines. (a) The board may levy and collect administrative fines not to exceed five thousand
dollars ($5,000) for each violation or revoke or suspend the license of any licensee who,
in the opinion of the board, has committed fraud or deceit in obtaining a license required
by this chapter, who has been guilty of gross negligence, incompetence, or misconduct in the
practice of residential home building, who has engaged in the business of residential home
building outside the scope of the license, or who has violated this chapter or a board rule.
Should the board establish or adopt, or both, standards of practice for residential home builders
within the state, as provided in Section 34-14A-12, the board may suspend the license of any
licensee who, in the opinion of the board, has committed a violation of the standards of practice
and may impose any other disciplinary sanctions authorized...
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34-2A-13
Section 34-2A-13 Disciplinary actions; review. (a) The board may discipline its licensees by
the adoption and collection of administrative fines, not to exceed five thousand dollars ($5,000)
per violation, and may institute any legal proceedings necessary to effect compliance with
this chapter. (b) The license of any person practicing or offering to practice assisted living
administration may be revoked or suspended by the board, or the person may be reprimanded,
censured, or otherwise disciplined in accordance with the provisions of this section upon
decision and after due hearing in any of, but not limited to, the following cases: (1) Upon
proof that the person has willfully or repeatedly violated any of the provisions of this chapter
or the rules enacted in accordance with this chapter. (2) Conduct or practices deemed to be
detrimental to the lives, health, safety, or welfare of the residents or patients of any assisted
living facility or health care facility in this state or any...
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41-22-18
Section 41-22-18 Disqualification from participation in proposed order or final decision based
upon conflict of interest or personal bias. (a) No individual who participates in the making
of any proposed order or final decision in a contested case shall have prosecuted or represented
a party in connection with that case, the specific controversy underlying that case, or another
pending factually related contested case, or pending factually related controversy that may
culminate in a contested case involving the same parties. Nor shall any such individual be
subject to the authority, direction or discretion of any person who has prosecuted or advocated
in connection with that contested case, the specific controversy underlying that contested
case, or a pending factually related contested case or controversy, involving the same parties.
(b) A party to a contested case proceeding may file a timely and sufficient affidavit asserting
disqualification according to the provisions of...
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45-8A-71.08
Section 45-8A-71.08 Civil service board - Rules and regulations; powers and duties. (a) The
board may make rules and regulations governing examinations, eligible registers, appointments,
transfers, minimum and maximum salaries, promotions, demotions, annual and sick leave, and
merit raises. Any action taken by the board affecting a rule or regulation relating to transfers,
minimum and maximum salaries, promotions, demotions, annual leave, sick leave, and other matters
as may be necessary to accomplish the purposes of this part, is subject to the consent of
the governing body. If any merit raise has been denied or demotion has been recommended by
the appointing authority, the employee has 10 working days to contest the denial or demotion
to the board. After the review of all facts, the findings of the board shall stand unless
the ruling of the board is appealed to the governing body for a final decision regarding the
matter. A rule or regulation may be made only after a public hearing...
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