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10A-20-8.05
Section 10A-20-8.05 Declaratory actions - Institution of action. Upon resolution or written
declaration by the majority group, upon giving 30 days' notice to the parent organization,
and upon giving like notice to the organization membership or the official governing body
of the local organization, a corporation formed by the majority group shall be authorized
to institute a civil action on behalf of itself and the majority group at the cost of the
plaintiff if none of the defendants contest the action, otherwise, the costs to be taxed within
the discretion of the circuit court of the county in which the local organization is located,
for a judicial finding and declaratory action as provided in this section. Such proceeding
or action shall state the facts as to the basis for relief from miscarriage of basic intent
and understanding, as provided in this article, and any other factors or equities entitling
the plaintiff to the relief sought. (Acts 1961, Ex. Sess., No. 176, p. 2137, §5;...
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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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20-2-256
Section 20-2-256 Judicial review. (a) A certified registered nurse practitioner (CRNP) or certified
nurse midwife (CNM) adversely affected by an order of the Board of Medical Examiners denying
an application for a Qualified Alabama Controlled Substances Registration Certificate (QACSC)
or the renewal of a QACSC may obtain judicial review thereof by filing a written petition
for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(b) A CRNP or a CNM adversely affected by an order of the board suspending, revoking, or restricting
a QACSC, whether or not such suspension, revocation, or restriction is limited; or denying
reinstatement of a QACSC, may obtain judicial review thereof by filing a written petition
for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(c) The following procedures shall take precedence over subsection (c) of Section 41-22-20
relating to the issuance of a stay of any order of the board...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
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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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34-24-52
Section 34-24-52 Proceedings to restrain unlawful practice. The State Board of Medical Examiners,
in addition to the powers and duties expressed in this article with respect to the denial
of the certificate of qualification to practice medicine or suspension or revocation of a
certificate of qualification to practice medicine, shall have the power to commence and maintain
in any circuit court having jurisdiction of any person within this state who is practicing
medicine without a certificate of qualification or to whom a certificate of qualification
has been denied, or whose certificate of qualification has been suspended or revoked by the
action of the board, an action in the nature of quo warranto as provided for in Section 6-6-590
et seq., as the same is now or may hereafter be amended, to order such person from continuing
to practice medicine or osteopathy within the State of Alabama, and jurisdiction is conferred
upon the circuit courts of this state to hear and determine all such...
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34-8A-18
Section 34-8A-18 Penalties; review; disciplinary oversight of licensees; legal counsel. (a)
In addition to any other powers and functions which may be conferred upon it by law, the board
may issue an order assessing a civil penalty not less than five hundred dollars ($500) and
not more than five thousand dollars ($5,000) against any person who holds himself or herself
out to the public as a licensed professional counselor or associate licensed counselor or
who uses any title or description as prescribed in subdivisions (1) and (4) of Section 34-8A-2,
or who shall engage in the private practice of counseling and does not then possess in full
force and virtue a valid license to engage in private practice as a licensed professional
counselor or associate licensed counselor under this chapter. (b) In determining the amount
of any penalty, the board shall consider the seriousness of the violation, including any threat
to the health, safety, or welfare of the public, the unlawful gain or...
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45-10-170.44
Section 45-10-170.44 Violations. (a) Any violation of this subpart shall constitute a public
nuisance subject to a civil fine of fifty dollars ($50) per day not to exceed three thousand
dollars ($3,000) to be assessed by the county commission. Any person assessed a fine pursuant
to this section may pay the fine to the county commission or request, within 30 days of receipt
of the citation, a due process hearing before the county commission or a hearing officer appointed
by the county commission on the validity of the citation. An order of the county commission
or its hearing officer finding a violation and an assessment of a civil fine shall be final
within 30 days thereof unless appealed to the Circuit Court of Cherokee County based upon
the record of the due process hearing. Any fine due and owing shall be considered a debt owed
to the county commission and shall be enforceable by civil action in the same manner as any
other debt. The person or entity owing the fine shall be liable...
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45-17-234.01
Section 45-17-234.01 Additional fees; disposition of funds. (a) In addition to all existing
charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court
official in the civil division of the District and Circuit Courts of Colbert County shall
increase the fees by seventeen dollars and fifty cents ($17.50) per document personally served
by the sheriff's office, or its designee. For the purposes of this section, the term document
shall include multiple papers served on a party or entity at one time. (b) In addition to
all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate
court office in the civil division of the District and Circuit Courts of Colbert County, for
documents generated out-of-state, shall create a fee of fifty dollars ($50) per document served
by the sheriff's office, or its designee. For the purposes of this section, the term document
shall include multiple papers served on a party or entity at...
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45-21-233
Section 45-21-233 Methods of service. (a) In the service of summons and complaints or subpoenas
requiring the attendance of witnesses in any civil, criminal, equity, or other case or proceeding
in either the small claims court, district court, or Circuit Court of Crenshaw County, whether
civil, criminal or juvenile, or before the grand jury, may, in addition to any other mode
of service provided by law or rule, be served by the sheriff or constable personally or by
leaving a copy thereof at the place of residence of the witness, or the sheriff may serve
the same by placing a copy thereof in the United States mail, certified, return receipt requested,
enclosing the subpoena in an envelope properly stamped and addressed to the person or witness
to be served. Upon service by the sheriff upon any witness or person by anyone of the foregoing
methods, provided in this section, the sheriff shall immediately mark the process executed.
If the subpoena so mailed is not delivered to the address...
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