2-31-15
Section 2-31-15 Judicial review of ruling of commissioner; appeal from circuit court. Within
10 days after the conclusion of the hearing the commissioner shall notify all parties of his
ruling. Said notification shall be in writing. Within 30 days after notification any party
may appeal the commissioner's ruling to the Circuit Court of Montgomery County. The appeal
shall be heard only on the certified record of the hearing and the commissioner's ruling shall
be considered prima facie just and correct and shall not be overturned unless the circuit
court finds that the commissioner's action was arbitrary and capricious, not supported by
the weight of the evidence or that the commissioner erred to the prejudice of the appellant's
substantial rights in his application of the law. Appeals from action by the circuit court
shall be directly to the Alabama Court of Civil Appeals and no security for costs shall be
required of the commissioner. (Acts 1981, No. 81-391, p. 611, §15.)...
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34-24-175
Section 34-24-175 Appeal from final decision, judicial review. (a) Any party whose license
or permit is sanctioned as provided herein, shall not be required to file a motion for rehearing
to exhaust his or her remedies available from the board. (b) Any party sanctioned as provided
herein, may file a petition for judicial review in the circuit court where the board office
is located. The filing of the petition must be within 30 days of the date of the board's final
decision. (c) Within 30 days after receipt of the petition for judicial review or within such
additional time as the court may allow, the board shall transmit to the reviewing court the
original or a certified copy of the entire record and transcript of the proceedings under
review. Any party seeking judicial review of any sanction imposed by the board shall be responsible
for all costs associated with preparation, transcription, reproduction, and transmittal of
the proceedings under review. (d) Other than specified in this...
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34-9-25
Section 34-9-25 Judicial review of orders of board. From any order of the board imposing any
of the penalties found in Section 34-9-18, any party affected thereby may bring an action
in the circuit courts to set aside the order on the ground that same is unlawful or arbitrary.
(Acts 1959, No. 100, p. 569, §30; Acts 1985, No. 85-697, p. 1120, §1.)...
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34-17A-17
Section 34-17A-17 Judicial review. (a) A person who has exhausted all administrative remedies
available within the board and who is aggrieved by a final decision of the board is entitled
to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately
reviewable only if review of the final board action would not provide an adequate remedy.
(b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery
County within 30 days after service of the final decision of the board. Copies of the petition
for review shall be served upon the board and the parties of record. (c) The filing of the
petition does not stay enforcement of the decision of the board. The board may grant, or the
reviewing court may order, a stay upon appropriate terms. (d) The review shall be conducted
by the court without a jury and shall be confined to the record. (e) The court shall not substitute
its judgment for that of the board as to the weight...
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34-20-6
Section 34-20-6 Board of Examiners of Nursing Home Administrators - Review of decisions. Any
party aggrieved by a final decision or order of the Board of Examiners of Nursing Home Administrators
suspending, revoking, or refusing to issue a license is entitled to a review of such decision
or order by taking an appeal to the circuit court of the county in which the nursing home
administrator or applicant resides. In such cases, such appeal shall be taken by filing notice
thereof with the register or clerk of the circuit court within 30 days of the date of notice
by the board of its decision. Appeals from any order or judgment rendered thereon by the circuit
court to the Supreme Court of Alabama shall be available as in other cases. (Acts 1969, No.
986, p. 1734, §15.)...
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34-25-35
Section 34-25-35 Refusal, suspension, reprimand, probation, or revocation - Judicial review.
Any person dissatisfied with the action of the board in refusing his application or suspending
or revoking his license, or any other action of the board, may appeal the action of the board
by filing a petition within 30 days thereafter in the circuit court in the county where the
person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested
with jurisdiction and it shall be the duty of the court to set the matter for hearing upon
10-days' written notice to the board and the attorney representing the board. The court in
which the petition of appeal is filed shall determine whether or not a cancellation or suspension
of a license shall be abated until the hearing shall have been consummated with final judgment
thereon or whether any other action of the board should be suspended pending hearing, and
enter its order accordingly, which shall be operative when served...
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9-17-15
Section 9-17-15 Judicial review of rules, regulations or orders. Any interested person aggrieved
by any rule, regulation or order made or promulgated by the board under this article and who
may be dissatisfied therewith shall, within 30 days from the date said order, rule or regulation
was promulgated, have the right, regardless of the amount involved, to institute a civil action
by filing a complaint in the circuit court of the county in which all or part of the aggrieved
person's property affected by any such rule, regulation or order is situated to test the validity
of said rule, regulation or order promulgated by the board. Such civil action shall be advanced
for trial and be determined as expeditiously as feasible, and no postponement or continuance
thereof shall be granted except for reasons deemed imperative by the court. In such trials
the validity of any rule, regulation or order made or promulgated under this article shall
be deemed prima facie valid, and the court shall be...
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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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34-11-13
Section 34-11-13 Appeals. Any person who is aggrieved by the denial of a certificate by the
board or by any disciplinary action by the board taken pursuant to Section 34-11-11 may appeal
within 30 days to the Circuit Court of Montgomery County, exclusively, notwithstanding the
provisions of the Alabama Administrative Procedure Act; and only after the filing of the notice
of appeal shall judicial review be as provided for in the Alabama Administrative Procedure
Act. (Acts 1961, Ex. Sess., No. 79, p. 1976, §22; Acts 1984, 1st Ex. Sess., No. 84-792, p.
182, §1; Acts 1987, No. 87-414, p. 607, §3; Act 2018-550, §5.)...
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34-27A-22
Section 34-27A-22 Revocation or suspension of license - Hearing; findings; judicial review
as to questions of law. (a) The hearing on the charges shall be at a time and place prescribed
by the board and in accordance with this article. (b) If the board determines that a licensed
real estate appraiser is guilty of a violation of this article, it shall prepare a finding
of fact and recommend that the appraiser be reprimanded or that his or her license be suspended
or revoked. The decision and order of the board shall be final. (c) Any final decision or
order of the board shall be reviewable by a court of appropriate jurisdiction as to the questions
of law only. Any application for review made by an aggrieved party shall be filed within 30
days after the final decision or order of the board. (d) If an application for review of a
final decision or order of the board is filed, the case shall be fixed for trial within 30
days from the filing of an answer by the board. If the court finds that...
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