Code of Alabama

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45-8A-22.13
Section 45-8A-22.13 Removal, suspension, or discharge; appeal; charges; hearings, investigations,
and proceedings. (a) The appointing authority can remove, discharge, or demote any civil service
employee or grandfathered employee provided that within five days a report in writing of such
action is made to the board, giving the reason for such removal, discharge, or demotion. The
civil service employee or grandfathered employee shall have 10 days from the time of notification
of his or her discharge, removal, or demotion in which to appeal to the board. The board shall
thereupon order the charges or complaint to be filed forthwith in writing and shall hold a
hearing de novo on such charges. No permanent civil service employee or grandfathered employee,
whose probationary period has been served, shall be removed, discharged, or demoted except
for some personal misconduct, or fact, rendering his or her further tenure harmful to the
public interest, or for some cause affecting or...
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25-4-94
Section 25-4-94 Powers and duties of board of appeals for Department of Labor. (a) The board
of appeals for the Department of Labor, created by Section 25-2-12, may, on its own motion
at any time before a decision of an appeals tribunal becomes final, affirm, modify, or set
aside any such decision on the basis of the evidence previously submitted in such case, or
direct the taking of additional evidence, or may permit any party in interest to initate an
appeal to it. The board of appeals may remove to itself or transfer to another appeals tribunal
the proceedings on any claim pending before an appeals tribunal. The board of appeals shall
promptly notify in writing the parties to any proceedings of its findings and decision, together
with the reasons therefor. (b) Unless the application for appeal described in subsection (c)
of Section 25-4-92 is granted by the board of appeals within 10 days after its filing with
it, the applicant may, within the following 10 days, take an appeal from...
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34-24-383
Section 34-24-383 Payment of administrative fines prerequisite to renewal of annual certificate;
refunds. The Medical Licensure Commission shall not renew the annual certificate of registration
as set forth in Section 34-24-337 of any physician against whom an administrative fine has
been assessed by the Board of Medical Examiners or the Medical Licensure Commission until
such fine is paid in full. However, if an order of the Medical Licensure Commission or the
Board of Medical Examiners allows for the payment of a fine or costs in installments and if
the licensee is current with the installment payment, then the physician shall be permitted
to renew his or her license. In the event that the fine is subsequently reduced or set aside
on judicial review as provided in the Alabama Administrative Procedure Act the physician shall
be entitled to a prompt refund of the amount of the fine but shall not be entitled to interest
thereon. (Acts 1986, No. 86-451, p. 817, ยง4; Act 2014-402, p....
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34-5-8
Section 34-5-8 Authority of Board of Barber Examiners; refusal to issue or renew license or
certificate; appeals. The board shall have the power to refuse, revoke, and suspend licenses
and certificates strictly in accordance with the provisions of this chapter, upon proof of
violation of any sections of this chapter. The members of the board shall have the power to
administer oaths and shall have the power to require the attendance of witnesses and the production
of books, records, and papers as it may desire at any hearing on any matter which the board
has the authority to investigate, and for that purpose may require the secretary of the board
to issue a subpoena duces tecum to compel the production of any books, records, or papers,
directed to the sheriff of the county where such witness resides or may be found, which subpoenas
and subpoenas duces tecum shall be served and returned in the same manner as a subpoena in
a criminal case is served and returned. The fees and mileage of...
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36-30-7
Section 36-30-7 Construction of article; decision of awarding authority final. (a) This article
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 article. This article shall
not 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 a peace officer, firefighter, or rescue squad member;
nor, in the event of the death of a peace officer, firefighter, or rescue squad member who
was an employee of the State of Alabama at the time of the injury which proximately caused
his or her death, shall this article be construed to take away the right or privilege of the
surviving dependents of such peace officer, firefighter, or rescue squad member to file a
claim for damages with the State Board of Adjustment pursuant to any other law. (b) The decision
of the awarding authority shall be final and shall not be subject to...
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41-22-13
Section 41-22-13 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted (except where precluded by statute) if it is of
a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
Agencies shall give effect to the rules of privilege recognized by law. Except as hereinafter
provided, objections to evidentiary offers may be made and shall be noted in the record. Whenever
any evidence is excluded as inadmissible, all such evidence existing in written form shall
remain a part of the record as an offer of proof. The party seeking the admission of oral
testimony may make an offer of proof by means of a brief statement on the record describing
the testimony excluded. All rulings on the admissibility of...
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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-130.13
Section 45-8A-130.13 Removal, discharge, or demotion of employee, officer, or city official;
proceedings. (a) The governing body of the city, any member of the governing body, or the
head of any department or office can remove, discharge, or demote any employee, officer, or
official of the city who is subject to this part and who is directly under such governing
body, member thereof, or department head, provided that within five days a report in writing
of such action is made to the board, giving the reason for such removal, discharge, or demotion.
The employee shall have 10 days from the time of notification of his or her discharge, removal,
or demotion in which to appeal to the board. The board shall thereupon order the charges or
complaint to be filed forthwith in writing and shall hold a hearing de novo on such charges.
No permanent employee, officer, or official of the city whose employment comes within the
jurisdiction of this part, and whose probationary period has been served,...
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5-18-12
Section 5-18-12 Promulgation of rules, regulations and orders by supervisor; furnishing of
certified copies of licenses, regulations or orders. (a) Rules, regulations, and orders. -
The supervisor shall have authority to make reasonable rules, regulations, and orders for
the administration and enforcement of this chapter, in addition hereto and not inconsistent
herewith. The regulation or order shall be referenced to the section or sections of the chapter
which set forth the legislative standard which it interprets or to which it applies. Every
regulation shall be promulgated by an order, and any ruling, demand, requirement or similar
administrative act may be promulgated by an order. Every order shall be in writing, shall
state its effective date and the date of its promulgation and shall be entered in an indexed
permanent book which shall be a public record. A copy of every order promulgating a regulation
and of every other order containing a requirement of general application shall...
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22-14-11
Section 22-14-11 Administrative action and judicial review. (a) In any proceeding under this
article: (1) For the issuance or modification of rules and regulations relating to control
or sources of ionizing radiation; (2) For granting, suspending, revoking or amending any license;
or (3) For determining compliance with rules and regulations of the agency, the agency shall
afford an opportunity for a hearing on the record upon the request of any person whose interest
may be affected by the proceeding and shall admit any such person as a party to such proceeding.
(b) Whenever the agency finds that an emergency exists requiring immediate action to protect
the public health and safety, the agency may, without notice or hearing, issue a regulation
or order reciting the existence of such emergency and requiring that such action be taken
as is necessary to meet the emergency. Notwithstanding any provision of this article, such
regulation or order shall be effective immediately. Any person to...
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