31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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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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35-4-393
Section 35-4-393 Settlement of dispute as to certain property in Mobile County conveyed to
University of South Alabama Foundation by University of South Alabama. (a) WHEREAS, on December
13, 1982, the state issued to the university a patent to certain lands in Mobile County, herein
called "the patent," covering the following described property in Mobile County,
Alabama, to wit: Beginning at Alabama West Zone Coordinates Y = 118,606.82; X = 296,291.22
which point is on or near the intersection of the North line of Section 26, Township 8 South,
Range 2 West and the East Shore line of Heron Bay, thence run North 77 degrees 54 minutes
52 seconds West a distance of 3883.84 feet to a point on the South shore line of Mon Louis
Island, (Y = 119,419.98; X = 292,493.47) thence run due South a distance of 20,071.04 feet
to coordinates Y = 99,348.94; X = 292,493.47 which point is in the Mississippi Sound, thence
run North 79 degrees - 40 minutes - 28 seconds East a distance of 7805.85 feet to...
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44-1-51
Section 44-1-51 Composition; compensation; records. (a) The Governor shall be the ex officio
Chair of the Youth Services Board. (b) The board shall be composed of 18 voting members, five
of whom shall be the Commissioner of the State Department of Human Resources, the State Superintendent
of Education, the Commissioner of Mental Health, the State Health Officer, and the Director
of the Alabama Law Enforcement Planning Agency, each of whom may delegate his or her vote
to an agent or employee by written notification 10 days prior to a meeting of the board. (c)
The chair, vice chair, and secretary of the board shall be elected by the members thereof.
The chair shall vote only in the case of a tie. (d) The Speaker of the Alabama House of Representatives
shall appoint two members to be selected from the membership of the House and the Presiding
Officer of the Alabama Senate shall appoint two members to be selected from the membership
of the Senate. The President of the Alabama Council of...
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6-5-580
Section 6-5-580 Standards of care. In any action for injury or damages or wrongful death, whether
in contract or in tort, against a legal service provider, the plaintiff shall have the burden
of proving that the legal service provider breached the applicable standard of care. The applicable
standard of care shall be as follows: (1) The applicable standard of care against the defendant
legal service provider shall be such reasonable care and skill and diligence as other similarly
situated legal service providers in the same general line of practice in the same general
area ordinarily have and exercise in a like case. (2) However, if the defendant publishes
the fact that he or she is certified as a specialist in an area of the law or if the defendant
legal service provider solicits business by publicly advertising as a specialist in any area
of the law, the standard of care applicable to such legal service provider in a claim for
damages resulting from the practice of such a specialty...
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9-17-5
Section 9-17-5 Oil and Gas Board - Representation in litigation; administration of oaths. The
Attorney General shall be attorney for the board; provided, that in cases of emergency the
board may call upon the district attorney of the circuit where the action is to be brought
or defended to represent the board until such time as the Attorney General may take charge
of the litigation. Any member of the board, or the secretary thereof, shall have power to
administer oaths to any witness in any hearing, investigation or proceeding contemplated by
this article or by any other law of this state relating to the conservation of oil and gas.
(Acts 1945, No. 1, p. 1, §7.)...
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11-44C-92
Section 11-44C-92 Commission form of government. If a majority of the qualified electors voting
in the election provided herein choose the court ordered districted commission form of government
in accordance with the consent decree entered into by the parties and approved by the court
on April 7, 1983, in the case of Bolden vs.City of Mobile, Civil Action No. 75-297, then the
provisions of said court ordered districted commission form shall be applicable to said city.
The three commissioners elected under said court ordered plan from single member districts
shall sit as a board and shall possess and exercise all municipal powers, legislative, executive,
and judicial, possessed and exercised by city governing bodies as provided by sections 11-44-70
through 11-44-105, as amended, and other applicable laws, except that all functions, responsibilities
and operations of the city shall be under the direction and supervision of the board of commissioners
as a whole. All three commissioners...
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25-2-13
Section 25-2-13 Board of appeals - Powers and duties generally; appeals from findings as to
dangerous condition, etc., of machines, etc. (a) The functions and duties of the board of
appeals shall be as follows: (1) To hear and determine appeals under Chapter 4 of this title.
(2) To hold public hearings on proposed safety rules and regulations and amendments and repeals
thereof, and to promulgate and publish such rules and regulations and amendments and repeals
as provided in this chapter. (3) To hear and determine appeals from the finding of any officers
or employees of the Department of Labor that any machine, tool, equipment or structure is
in a dangerous condition or is not properly guarded or is dangerously placed, when the discontinuance
of the use thereof has been ordered. (b) When such appeal is taken by a person affected by
such order, no appeal shall be taken from such determination of the board of appeals, except
on questions of law or on the ground that the determination is...
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31-12A-4
Section 31-12A-4 Extension of licensing for military service members. (a) Notwithstanding any
other statute to the contrary, except as provided in subsection (c), any member of the Armed
Forces of the United States shall be left in good standing until, at a minimum, December 31,
of the first year following the end of his or her deployment, by the administrative or licensing
body with which he or she is licensed or certified, while deployed, if at the time of deployment,
the member was in good standing with the branch of the armed services and with the administrative
licensing body. (b) While a licensee or certificate holder is deployed as a member of the
Armed Forces of the United States, the license or certificate referenced in subsection (a)
shall be renewed without: (1) The payment of dues or fees; (2) Obtaining continuing education
credits when: a. Circumstances associated with military duty prevent obtaining training and
a waiver request has been submitted to the appropriate...
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31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies
to all members of the state military forces at all times and in all places, except it does
not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between
an offense, either military or non-military, and the state military force. When a member is
in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption
exists that the nexus is established. A proper civilian court has primary jurisdiction of
an offense when an act or omission violates both this code and civilian criminal law, foreign
or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial
authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached.
Courts-martial shall have primary jurisdiction over all...
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