11-41-2
Section 11-41-2 Notice of filing; determination of statutory compliance; objections; ordering
and notice of election; contest of election. (a) Upon the filing of the verified application
with the judge of probate, the judge of probate shall give notice of the filing of the application
by publication in one or more newspapers published in the county, if there are any, that an
application to the judge of probate has been submitted and that the judge of probate will
determine if the application complies with Section 11-41-1, and that further notice will be
given for the filing of any objections. (b) The judge of probate shall have a reasonable period
of time, not to exceed 45 days, within which to ascertain compliance with Section 11-41-1.
If the judge of probate determines that the application does not comply with Section 11-41-1,
the judge of probate shall enter an order to that effect, which order shall be sent in accordance
with the Alabama Rules of Civil Procedure. The order shall...
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36-26-27
Section 36-26-27 Dismissals and disciplining of employees generally. (a) An appointing authority
may dismiss a classified employee whenever he considers the good of the service will be served
thereby, for reasons which shall be stated in writing, served on the affected employee and
a copy furnished to the director, which action shall become a public record. The dismissed
employee may, within 10 days after notice, appeal from the action of the appointing authority
by filing with the board and the appointing authority a written answer to the charges. The
board shall, if demand is made in writing by the dismissed employee within 10 days after notice
of discharge, order a public hearing and, if the charges are proved unwarranted, order the
reinstatement of the employee under such conditions as the board may determine. Upon a majority
vote of the board, the board may impose a punishment other than termination including but
not limited to a reinstatement with forfeiture of back wages and...
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11-47-172
Section 11-47-172 Procedure for condemnation and appeal; asssessment of value, etc. (a) Whenever
the proprietor or proprietors or any of them of any of the lands necessary for any of the
purposes provided in Section 11-47-171 or necessary for opening new streets or widening old
streets and the mayor or other chief executive officer cannot agree on a price of said lands
or cannot agree as to the amount to be paid for changing the grade of any street, sidewalk,
or public place and whenever the proprietor or proprietors thereof shall be an infant, non
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer
shall apply to the clerk of the circuit court of the county for a writ of ad quod damnum to
be directed to the sheriff of the county, commanding him to summon three freeholders of the
county to appear before the sheriff on a day named, not less than two days from the date of
the writ, and to proceed under his direction to assess a value of the lands of...
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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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22-28-13
Section 22-28-13 Variances. (a) The commission may grant individual variances beyond the limitations
prescribed in this chapter whenever it is found, upon presentation of adequate proof, that
compliance with any rule or regulation, requirement or order of the commission would impose
serious hardship without equal or greater benefits to the public and the emissions occurring,
or proposed to occur, do not endanger or tend to endanger human health or safety, human comfort
and aesthetic values. In granting or denying a variance, the commission shall file and publish
a written opinion stating the facts and reasons leading to its decision. (b) In granting a
variance, the commission may impose such conditions as the policies of this chapter may require.
If the hardship complained of consists solely of the need for a reasonable delay in which
to correct a violation of this chapter or of the commission regulations, the commission shall
condition the grant of such variance upon the posting of...
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40-2A-8
Section 40-2A-8 Procedures governing denial or revocation of licenses, permits, and certificates
of title; procedures for contesting any other act or failure to act; appeals. (a) The department
shall notify a taxpayer in writing of any act or proposed act or refusal to act concerning
the denial or revocation of a license, permit, or certificate of title concerning which the
taxpayer has any interest. The notice must be mailed by either first-class U.S. mail, U.S.
mail with delivery confirmation, or certified U.S. mail to the taxpayer's last known address.
Any taxpayer aggrieved by any act or proposed act or refusal to act concerning the denial
or revocation of a license, permit, or certificate of title by the department shall be entitled
to file a notice of appeal from such act or proposed act or refusal to act with the Alabama
Tax Tribunal. Such notice of appeal must be filed within 30 days of the date notice of such
act or refusal to act is mailed to the taxpayer, and such appeal, if...
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41-27-43
Section 41-27-43 Hearing and administrative resolution procedures. The agency shall provide
by rule a hearing procedure and procedures for the administrative resolution of the notice
of assessment. The rules shall provide that the hearing shall be conducted by a driver license
hearing officer or other hearing officer appointed by its agency. The hearing may be informal
and the sole issue shall be whether the motor vehicle being operated at the time of the motor
vehicle incident was in compliance with the Mandatory Motor Vehicle Liability Insurance Law.
The appeal shall not be a contested case under the Alabama Administrative Procedure Act. The
final order concerning the appeal may be reviewed in circuit court by the filing of a petition
for review within 35 days after the final order is issued in the original appeal. (Act 2016-361,
§4.)...
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45-37-170.02
Section 45-37-170.02 Removal or demolition of unsafe structures. (a) The County Commission
of Jefferson County shall have authority, after notice as provided herein, to move or demolish
buildings and structures, or parts of buildings and structures, party walls, and foundations
when the same are found by the county commission to be unsafe to the extent of being a public
nuisance from any cause. (b) The term appropriate county official as used in this section
shall mean any county building official or deputy and any other county official or county
employee designated by the county commission as the person to exercise the authority and perform
the duties delegated by this section. Whenever the appropriate county official of Jefferson
County shall find that any building, structure, part of building or structure, party wall,
or foundation situated in Jefferson County is unsafe to the extent that it is a public nuisance,
such official shall give the person or persons, firm, association, or...
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45-49-40.16
Section 45-49-40.16 Hearings. (a) No action in refusing to issue or renew or in suspending
or revoking a license for any of the causes enumerated in Section 45-49-40.15 shall be taken
until the accused has been furnished with a statement of the specific charges against him
or her and notice of the time and place of hearing thereof. The accused may be present at
the hearing in person and may be represented by counsel if he or she so desires. Statement
of the charges and notice thereof shall be served personally upon such person, or mailed to
his or her last known address at least 10 days prior to the hearing. If upon such hearing
the board finds the charges to be true, it may refuse to issue or renew a license or may revoke
or suspend such license if the same has been issued. (b) It shall be the duty of the board
to subpoena witnesses other than character witnesses, for or against the accused upon written
request and affidavit that their testimony is necessary, and the production of...
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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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