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34-41-20
Section 34-41-20 Procedures for disciplinary actions; aggrieved person may petition
board for hearing; judicial review. (a) The board shall develop procedures for investigation,
prehearing, and hearing of disciplinary actions. (b) Any person aggrieved by a decision of
the board other than a decision in a disciplinary action may petition the board for a hearing.
(c) Judicial review of the final decision of the board is available in the manner prescribed
by the Alabama Administrative Procedure Act. (Acts 1995, No. 95-399, p. 820, ยง20.)...
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34-22-8
Section 34-22-8 Disciplinary action; charges; hearing; judicial procedure; appeals;
sanctions; immunity of board, etc., from suit. (a) Any person, including a licensed optometrist
may initiate a charge of violation of the provisions of this chapter or a charge of misconduct
by a licensed optometrist by filing with the secretary of the board a written statement under
oath of the charge or charges against the accused. If a member of the board files a charge,
the member shall not participate in the hearing or disposition of the charge, except to the
extent of giving testimony in connection with the charge. The member filing the charge shall
not be present during the hearing or deliberation of the charge except to give testimony.
A discreet preliminary investigation into the charge or charges shall be made by the board,
after which, if the board is reasonably satisfied that the charge or charges are not frivolous,
the board shall hear the charge or charges under rules of procedure to be...
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34-30-5
Section 34-30-5 Disciplinary proceedings - Procedure. The following procedure will apply
to revocation and suspension hearings and to judicial review of these hearings: (1) Hearings
are to be conducted by a five-person panel of the Board of Social Work Examiners with recommended
decisions to be by majority vote of the panel. (2) Reasonable notice (20 days' minimum) of
charges to be served personally or by registered mail. (3) Stenographic record of proceedings.
(4) A person licensed under this chapter whose license is subject to suspension or revocation
is entitled to: a. The presence of counsel at the hearing at his expense; b. The right to
cross-examination of witnesses; c. The right to call witnesses on his or her own behalf; and
d. The right to subpoena witnesses and documents. (5) Any person affected by the action of
the board in refusing his or her application or suspending or revoking his or her license,
or any other action of the board, may appeal the action of the board by...
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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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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings
and final decisions in contested cases. (a) A person who has exhausted all administrative
remedies available within the agency, other than rehearing, and who is aggrieved by a final
decision in a contested case is entitled to judicial review under this chapter. A preliminary,
procedural, or intermediate agency action or ruling is immediately reviewable if review of
the final agency decision would not provide an adequate remedy. (b) All proceedings for review
may be instituted by filing of notice of appeal or review and a cost bond with the agency
to cover the reasonable costs of preparing the transcript of the proceeding under review,
unless waived by the agency or the court on a showing of substantial hardship. A petition
shall be filed either in the Circuit Court of Montgomery County or in the circuit court of
the county in which the agency maintains its headquarters, or unless otherwise...
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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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34-1-14
Section 34-1-14 Hearings; judicial review. (a) Commencement of proceeding. The board
may initiate proceedings under this chapter either on its own motion or on the complaint of
any person. (b) Notice; service and contents. A written notice stating the nature of the charge
or charges against the accused and the time and place of the hearing before the board on such
charges shall be served on the accused not less than 30 days prior to the date of said hearing
either personally or by mailing a copy thereof by registered or certified mail to the address
of the accused last known to the board. (c) Failure to appear. If, after having been served
with the notice of hearing as provided for herein, the accused fails to appear at said hearing
and defend, the board may proceed to hear evidence against him or her and may enter such order
as shall be justified by the evidence, which order shall be final unless he or she petitions
for a review thereof as provided herein; provided, that within 30...
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34-13-31
Section 34-13-31 Appeal from decision of board. (a) Whenever, by decision, final order,
or other final determination upon any public hearing provided for by this chapter, a party
to such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery
County, Alabama. (b) On taking and perfecting an appeal to the Circuit Court of Montgomery
County, Alabama, the court shall proceed as in other cases. (c) All appeals shall be taken
within 30 days from the date of the order entered of the board which is the basis of the appeal
and shall be granted as a matter of right and be deemed perfected by filing with the board
a bond for security of costs of the appeal. Upon filing of a verified petition and hearing
thereon, the court, in its discretion, may stay the order appealed from pending final judicial
review. 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 chapter...
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45-17A-50.10
Section 45-17A-50.10 Finality of disciplinary action; record of hearing and determination;
procedures of hearings; review. (a) No disciplinary action taken against a regular status
employee, except a head of a department, that involves suspension without pay, demotion, dismissal,
or any other action as defined by the implementing rules and regulations shall become final
until the board holds a hearing on the action, if the employee appeals the action in writing
to the board within 10 calendar days of receipt of written notification of the action to be
taken by the mayor. Within 30 calendar days after receipt of the written appeal of the employee,
the board shall schedule and hold a public hearing on the appeal and render a decision. (b)
All hearings before the board shall be recorded and transcribed. In all cases, the decision
of the board shall be reduced to writing and entered in the record of the case. The board
may in its decision uphold the action by the mayor, modify the action,...
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45-17A-82.09
Section 45-17A-82.09 Disciplinary action. (a) The mayor or the head of the department
may discipline any employee pursuant to this part and the rules and regulations adopted by
the city council to implement this part. If a disciplinary action involves suspension without
pay, demotion, or dismissal, the mayor shall submit a written notice of the proposed action
to the board for regular status employees and to the city council for department heads and
to the employee giving the reason or reasons for the proposed action. The notice shall state
the reasons for the proposed disciplinary action of suspension without pay, demotion, or dismissal,
shall contain a short and plain statement of the facts showing the reasons for the proposed
disciplinary action, and shall inform the regular status employee that he or she has 10 days
to request, in writing, a pre-disciplinary hearing before the mayor. If the regular status
employee fails to request a pre-disciplinary hearing within 10 days from...
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