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2-10-32
Section 2-10-32 Order of board after hearing; appeal. The State Board of Agriculture and Industries,
upon any hearing provided for in this article, may require the commissioner to call a meeting
of the directors of the association and seek to work out a solution of conditions with them,
may order the conditions on which there may be a continuation of the operation of such association
or may require an agent appointed by the board or commissioner to take charge and reorganize
the association or wind its business up or may make such other order as it deems will best
protect the interest of the public. An appeal shall lie from the order of the board by any
person interested by filing bond with and to be approved by the register or clerk of the Circuit
Court of Montgomery County. The matter shall be heard de novo in such court; provided, that
the order of the board shall be presumed prima facie correct. Upon such hearing the court
shall issue an order sustaining or reversing the order of...
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23-1-415
Section 23-1-415 Enforcement. The department may institute, in any court of competent jurisdiction,
a civil action to enjoin, restrain, prevent, abate, or correct any violation of this article
and violation of any determination, order, or ruling of the department. (Act 2009-579, p.
1701, §7.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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19-3-38
Section 19-3-38 Admissibility of evidence at hearings; exceptions; appeals. Upon a hearing
before the register or clerk under any of the provisions of this article, any competent legal
evidence, written or oral, may be received. All such evidence must be noted and oral testimony
reduced to writing by the register or clerk. Within 10 days thereafter, either party may file
exceptions to the action or conclusion of the register or clerk, and may have the same reviewed
by the circuit judge upon 10 days' notice to the other party, such review to be without any
presumption in favor of the correctness of the action or conclusion of the register or clerk.
From the decision of the circuit judge thereon an appeal lies to the court of civil appeals
or the supreme court within 42 days. (Code 1896, §4170; Code 1907, §6072; Code 1923, §10409;
Code 1940, T. 58, §26.)...
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22-11A-70
Section 22-11A-70 Promulgation of rules for administration. (a) The State Board of Health may
adopt rules necessary for the administration of this article. The State Board of Health, the
Board of Medical Examiners, the Medical Licensure Commission, the Board of Dental Examiners,
the Board of Nursing, and the Board of Podiatry may each adopt rules governing professional
licensure determinations made under the provisions of this article. (b) The State Board of
Health may institute a civil action in any circuit court in the state to seek an extraordinary
writ compelling compliance with this article or any rule or order promulgated or issued pursuant
to this article. Those civil actions shall have preferred or expedited scheduling and hearing
by the circuit courts. (Acts 1993, 1st Ex. Sess., No. 93-846, p. 57, §11.)...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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45-27-81
Section 45-27-81 Escambia County Law Library and Judidcial Administration Fund. (a) In Escambia
County, in order to provide a special fund for the creation and maintenance of the law library
and for the purposes of judicial administration as further specified in this section, there
shall be taxed as additional court costs the sum of thirty dollars ($30) in each civil or
quasi-civil action at law, small claims case, suit in equity, criminal case, traffic case,
quasi-criminal case, juvenile court case, proceeding on forfeited bail bond, or a proceeding
on a forfeited bond given in connection with an appeal from a judgment of conviction in any
district or municipal court to each circuit court or to the juvenile court hereinafter filed
in, arising in, or brought by appeal, certiorari, or otherwise to the circuit court or district
court or to the juvenile court in Escambia County. The costs shall be collected as other costs
in cases are collected by the clerk of the court and shall be paid...
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13A-6-157.1
Section 13A-6-157.1 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In addition
to any other remedy under this article, if the Attorney General has reason to believe that
any person, corporation, or any other legal entity is engaging in, has engaged in, or is about
to engage in any act or practice declared to be unlawful by this article, the Attorney General
may bring an action in the name of the state in the appropriate state court against the person,
corporation, or entity to restrain by temporary restraining order, or temporary or permanent
injunction, the acts or practices. (b) In addition to any other remedy under this article,
the Attorney General may bring a civil action on behalf of the state in the appropriate state
court to recover actual damages for victims of acts or practices performed in violation of
this article. (c) Venue for any action brought under this section is...
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13A-6-161
Section 13A-6-161 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Before the Attorney General
commences any action under this article, the Attorney General may issue subpoenas to any person
to appear and produce relevant papers, documents, and physical evidence, and administer an
oath or affirmation to any person, in aid of any investigation or inquiry into possible violations
of this article. The subpoenas shall be served in accordance with the appropriate Alabama
Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena,
the Attorney General may apply to a court of competent jurisdiction for an order compelling
compliance. After an action is commenced, discovery may proceed in accordance with the Alabama
Rules of Civil Procedure. (Act 2018-506, §4.)...
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