Code of Alabama

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9-10B-21
Section 9-10B-21 Critical use studies to determine if areas should be designated as capacity
stress areas. The division chief shall notify the commission of the designation of areas of
the state for which the Office of Water Resources, in coordination with, or with the assistance
of, other agencies of the state or federal government, shall conduct a critical use study
to determine if such areas should be designated as capacity stress areas. Each critical use
study shall include an analysis of reasonable alternatives to address the quantitative water
resources problems identified by the Office of Water Resources during the study. At a minimum,
the critical use study shall include an assessment of a no-action alternative, a conservation
alternative, a water resources development alternative, and a restrictive use alternative.
Within each area of the state for which a critical use study is proposed, the Office of Water
Resources shall consult with all persons holding a certificate of use...
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41-22-12
of notice; power of presiding officer to issue subpoenas, discovery and protective orders;
procedure upon failure of notified party to appear; presentation of evidence and argument;
right to counsel; disposition by stipulation, settlement, etc.; contents of record; public
attendance at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested
case, all parties shall be afforded an opportunity for hearing after reasonable notice in
writing delivered either by personal service as in civil actions or by certified mail,
return receipt requested. However, an agency may provide by rule for the delivery of such
notice by other means, including, where permitted by existing statute, delivery by first class
mail, postage prepaid, to be effective upon the deposit of the notice in the mail. Delivery
of the notice referred to in this subsection shall constitute commencement of the contested
case proceeding. (b) The notice shall include: (1) A statement of the time,...
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41-22-15
Section 41-22-15 Majority requirement for adoption of final decision in contested cases; use
of proposed orders in cases where any official is unfamiliar with the case; finality of proposed
orders. In a contested case, a majority of the officials of the agency who are to render the
final order must be in accord for the decision of the agency to be a final decision. If any
official of the agency who is to participate in the final decision has not heard the case
or read the record and his vote would affect the final decision, the final decision shall
not be made until a proposed order is prepared and an opportunity is afforded to each party
adversely affected by the proposed order to file exceptions and present briefs and oral argument
to the official not having heard the case or read the record. The proposed order shall contain
a statement of the reasons therefor and of each issue of fact or law necessary to the proposed
decision prepared by the person who conducted the hearing or one...
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10A-2-14.23
Section 10A-2-14.23 Appeal from denial of reinstatement. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
If the Secretary of State denies a corporation's application for reinstatement following administrative
dissolution, he or she shall serve the corporation under Section 10A-1-5.31, 10A-1-5.35, or
10A-1-5.36 with a written notice that explains the reason or reasons for denial. (b) The corporation
may appeal the denial of reinstatement to the circuit court of the county where its articles
of incorporation are filed within 30 days after service of the notice of denial is perfected.
A corporation created by an act of the Legislature prior to the adoption of the Constitution
of Alabama of 1901, or which resulted from a merger or consolidation, may appeal to the Circuit
Court of Montgomery County. The corporation appeals by petitioning the court to set aside
the dissolution and attaching to the petition copies...
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12-12-60
before the nearest or most accessible magistrate. (6) Any person who, not having pled guilty
as provided in Rule 20 (E) (1) of the Alabama Rules of Judicial Administration, willfully
violates his or her written bond by failing to timely appear shall be guilty of a misdemeanor
regardless of the disposition of the charge upon which he or she was originally arrested.
(b) This section shall not apply to any of the following and the arresting officer shall take
the person forthwith to the nearest or most accessible magistrate: (1) A person arrested and
charged with an offense involving, causing, or contributing to an accident resulting in injury
or death. (2) A person charged with driving or operating a vehicle or vessel while under the
influence. (3) A person who the arresting officer has good cause to believe has committed
a felony. (c) Any officer violating this section shall be guilty of misconduct in office and
shall be subject to removal from office. (Act 2011-628, p. 1485, §1.)...
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20-2-53
Section 20-2-53 Registration of persons manufacturing, distributing or dispensing controlled
substances - Order to show cause; proceedings; review; issuance of stay. (a) Before denying,
suspending, or revoking a registration or refusing a renewal of registration, the certifying
boards shall serve upon the applicant or registrant an order to show cause why registration
should not be denied, revoked, or suspended or why the renewal should not be refused. The
order to show cause shall contain a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the certifying board at a time and place not less
than 30 days after the date of service of the order, but in the case of a denial of renewal
of registration the show cause order shall be served not later than 30 days before the expiration
of the registration. These proceedings shall be conducted in accordance with the Alabama Administrative
Procedure Act and the procedures established by the respective...
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26-10A-11
Section 26-10A-11 Consent or relinquishment. (a) A consent or relinquishment shall be in writing,
signed by the person consenting or relinquishing, and shall state the following: (1) The date,
place, and time of execution. (2) The date of birth or if prior to birth expected date of
birth of the adoptee and any names by which the adoptee has been known. (3) The relationship
of the person consenting or relinquishing to the adoptee. (4) The name of each petitioner,
unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent
contains a statement that the person executing the consent knows that he or she has a right
to know the identity of each petitioner but voluntarily waives this right. (5) That the person
executing the document is voluntarily and unequivocally consenting to the adoption of the
named adoptee. (6) That by signing the document and subsequent court order to ratify the consent,
the person executing the document understands that he or she will...
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34-17A-16
Section 34-17A-16 Promulgation of rules, regulations, and procedures. The board shall establish
rules, regulations, and procedures as are necessary to the exercise of its functions under
this chapter. All rules and regulations shall be promulgated by the board pursuant to the
Administrative Procedure Act, Sections 41-22-1 to 41-22-27, inclusive, only after public notice
and an opportunity to participate in the rule-making has been afforded all interested persons.
Any person, association, corporation, or agency of government shall be permitted to participate
in board rule-making proceedings. (Acts 1997, No. 97-170, p. 247, §16.)...
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11-68-9
Section 11-68-9 Certificate of appropriateness prerequisite to changes in historic property
or district; submission and consideration of application for certificate; rules, regulations,
and standards; expedited procedure; records. (a) No change in the exterior appearance of an
historic property or any building, structure, or site within an historic district may be made,
and no historic property may be demolished, and no building or structure in an historic district
may be erected or demolished unless and until a certificate of appropriateness for such change,
erection, or demolition is approved by the historic preservation commission created by the
municipality designating the historic property or the historic district. Signs shall be considered
as structures and no sign on an historic property or in an historic district shall be changed,
erected, or demolished unless and until a certificate of appropriateness is approved by the
commission. The requirement of a certificate of...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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