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22-21-264
Section 22-21-264 Criteria for state agency review. The SHPDA, pursuant to the provisions of
Section 22-21-274, shall prescribe by rules and regulations the criteria and clarifying definitions
for reviews covered by this article. These criteria shall include at least the following:
(1) Consistency with the appropriate State Health Facility and services plans effective at
the time the application was received by the State Agency, which shall include the latest
approved revisions of the following plans: a. The most recent Alabama State Health Plan which
shall include updated inventories and separate bed need methodologies for inpatient rehabilitation
beds, inpatient psychiatric beds and inpatient/residential alcohol and drug abuse beds. b.
Alabama State Health Plan for services to the mentally ill. c. Alabama State Plan for rehabilitation
facilities. d. Alabama developmental disabilities plan. e. Alabama State alcoholism plan.
f. Such other State Plans as may from time to time be...
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34-24-194
Section 34-24-194 Complaint charging violation of article; hearing; subpoenas; judicial review
of revocation or refusal of license. (a) Any person may file a complaint with the board against
any licensed physical therapist or licensed physical therapist assistant in the state charging
the person with a violation of this article. The complaint shall set forth specifications
of charges in sufficient detail to disclose to the accused fully and completely the alleged
acts of misconduct for which he or she is charged. When a complaint is filed, the executive
director of the board shall mail a copy thereof to the accused by registered mail at his or
her address of record, with a written notice of the time and place of a hearing of the complaint,
advising the accused that he or she may be present in person and by counsel if he or she so
desires to offer testimony and evidence in his or her defense. (b) The board may issue subpoenas
and compel the attendance of any witness or the production of...
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25-12-20
Section 25-12-20 Appeal and review. (a) Any person aggrieved by an order or an act of the secretary
or the chief inspector under this chapter may, within 15 days of notice thereof, appeal from
the order or act to the board which, within 30 days thereafter, shall issue an appropriate
order either approving or disapproving the order or act. A copy of the order by the board
shall be given to all interested parties. (b) After any order or act of the board, any person
aggrieved thereby may file a petition in the Circuit Court of Montgomery County for review
pursuant to the Alabama Administrative Procedure Act. (Act 2000-315, p. 488, ยง20.)...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice
of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person,
agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless
parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed
custodian or guardian of the adoptee. (3) The spouse of any petitioner who has not joined
in the petition. (4) The spouse of the adoptee. (5) The surviving parent or parents of a deceased
parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319.
(6) Any person known to the petitioners as currently having physical custody of the adoptee,
excluding foster parents or other private licensed agencies, or having visitation rights with
the adoptee under an existing court order. (7) The agency or individual authorized to investigate
the adoption under Section 26-10A-19. (8) Any other...
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27-12-18
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner
believes that any person has been engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice expressly prohibited in this trade
practices law and that a proceeding by him in respect thereto would be to the interest of
the public, he shall issue and serve upon such person a statement of the charges in that respect
and a notice of a hearing thereon to be held at a time and place fixed in the notice, which
shall not be less than 10 days after the date of the service thereof. (b) At the hearing,
such person shall have an opportunity to be heard and to show cause why an order should not
be made by the commissioner requiring such person to cease and desist from the acts, methods,
or practices so complained of. Upon good cause shown, the commissioner shall permit any person
to intervene, appear, and be heard at such hearing by counsel or...
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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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16-46-9
Section 16-46-9 Review by State Board of Education; review by Circuit Court of Montgomery County.
Any person or school or private postsecondary institution aggrieved by the actions of the
Department of Postsecondary Education with respect to exemption, issuance, denial, deferral,
probation, suspension, or revocation of a license or permit provided for in Sections 16-46-3,
16-46-5, and 16-46-6, may file within 30 days a petition for review by the State Board of
Education. The aggrieved person, school, or institution shall then be entitled to a hearing
before the State Board of Education. The person, school, or institution may be represented
by counsel at the hearing. The aggrieved person, school, or institution may adduce evidence,
both oral and documentary, at such hearing and on official record if such hearing shall be
transcribed by a qualified court reporter. After the State Board of Education acts on the
petition for review, any person, school, or institution aggrieved by the State...
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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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12-15-317
Section 12-15-317 Who may file petition. The Department of Human Resources, any public or private
licensed child-placing agency, parent, child, or any interested person may file a petition
to terminate the parental rights of a parent or parents of a child. (1) Mandatory filing of
petition by the Department of Human Resources. The Department of Human Resources shall be
required to file a petition to terminate the parental rights of a parent or parents of a child,
or if the petition has been filed by another party, shall seek to be joined as a party to
the petition, and, concurrently, to identify, recruit, process, and approve a qualified family
for adoption, in the following circumstances: a. In the case of a child who has been in foster
care in the custody of the Department of Human Resources for 12 of the most recent 22 months.
b. If a child has been abandoned. c. If the parent has committed murder of another child of
that parent. d. If the parent has committed manslaughter of another...
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