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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-46-9.htm - 3K - Match Info - Similar pages
12-22-193
Section 12-22-193 Examination of petitioner; subpoena of witnesses; ascertainment of financial
information; estimate of costs and fees. Upon the filing of the petition with the clerk or
the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have
the defendant or petitioner brought before him and shall examine the defendant or petitioner
under oath concerning the required averment in the petition that the defendant or petitioner
is without sufficient funds, and has no reasonable way to procure the same, to pay the court
reporter all of his lawful fees for transcribing the evidence and other proceedings had at
the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal.
The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and
may call upon the sheriff, the district attorney and other officers of the court to ascertain
information relevant to the financial condition and ability of defendant...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-193.htm - 1K - Match Info - Similar pages
34-37-12
Section 34-37-12 Revocation of certificates. The board may revoke or suspend any certificate
or registration if obtained through concealment, misstatement, or misrepresentation of any
material fact in the application for such certificate. The board may discipline any person
as defined in Section 34-37-1 for a violation of any law or ordinance pertaining to the business
of the holder and may impose fines, administrative fees, or penalties not to exceed two thousand
dollars $2,000 for each violation. The board may also order restitution. Before a certificate
or registration may be suspended or revoked, the holder thereof shall have notice in writing,
enumerating the charges against him or her, and be entitled to a hearing by the board not
sooner than five days from receipt of notice. The holder of such certificate or registration
shall be given an opportunity to present testimony, oral or written, and right of cross-examination
and representation by counsel. All testimony shall be given...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-37-12.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-15.htm - 1K - Match Info - Similar pages
45-24A-32.05
Section 45-24A-32.05 Jurisdiction of court; adjudicative hearing; liability; evidence and procedure.
(a) The municipal court is vested with the power and jurisdiction to hear and adjudicate the
civil violations provided for in this part, and to issue orders imposing the civil penalties
and costs set out in this part. (b) A person who receives a notice of violation may contest
the imposition of the civil penalty by submitting a request for a hearing on the adjudication
of the civil violation, in writing, within 15 days of the 10th day after the date the notice
of violation is mailed. Upon receipt of a timely request, the city shall notify the person
of the date and time of the adjudicative hearing. (c) Failure to pay a civil penalty or to
contest liability in a timely manner is an admission of liability in the full amount of the
civil penalty assessed in the notice of violation. (d) The civil penalty and court costs shall
not be assessed if, after a hearing, the municipal court judge...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.05.htm - 6K - Match Info - Similar pages
16-27A-7
Section 16-27A-7 Contesting a notice of violation; adjudication. (a) No person shall be responsible
for payment of a civil fine for a notice of violation issued under this chapter if the operator
of the vehicle that is the subject of the notice of violation is adjudicated to have not committed
a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
Any person receiving a notice of violation pursuant to this chapter, in accordance with the
procedure set out in this chapter and on the notice of violation, may contest the notice of
violation by obtaining a hearing in the court. (b) District and municipal courts of this state
are vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant
to this chapter as a civil offense whenever the offense is alleged to have occurred within
the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings
to contest a notice of violation issued...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-27A-7.htm - 4K - Match Info - Similar pages
37-1-86
Section 37-1-86 Notice and process. (a) Before proceeding to make such investigation, the commission
shall give the utility and the complainant at least 10 days' notice of the time and place
when and where such matters will be considered and determined, and all parties shall be entitled
to be heard, through themselves or their counsel, and shall have process to enforce the attendance
of witnesses. (b) Whenever the commission shall make any order or determination, or issue
any subpoena, notice or writ, notice thereof may be served on the person affected thereby
by delivering a copy of such order, subpoena, notice or writ, signed by or in the name of
the chairman of the commission, to any such person or an officer or agent of such person,
if a corporation, as in the case of civil process, which service may be executed by any member
of the commission, the secretary or any employee thereof, or by any sheriff of the state,
and a copy of such order, subpoena, notice or writ, with the service...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-1-86.htm - 1K - Match Info - Similar pages
22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-37.htm - 5K - Match Info - Similar pages
34-24-173
Section 34-24-173 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs. The board shall give effect to the rules
of privilege recognized by law. Except as hereinafter provided, objections to evidentiary
offers may be made and shall be noted in the record. Whenever any evidence is excluded as
inadmissible, all such evidence existing in written form shall remain a part of the record
as an offer of proof. The party seeking the admission of oral testimony may make an offer
of proof by means of a brief statement on the record describing the testimony excluded. All
rulings on the admissibility of evidence shall be final and shall appear...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-173.htm - 3K - Match Info - Similar pages
11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days after
receipt of written charges or a written appeal of an employee from a decision after predisciplinary
hearing, the board shall schedule and hold a public hearing in regard thereto and render a
decision. The board shall provide notice of the hearing to the mayor, the employee's department
head, and the city attorney. At the hearing, the employee shall be entitled to be represented
by an attorney of his or her choosing and expense. (b) If the regular status employee appeals,
no disciplinary action taken against the employee shall become final until the board holds
a hearing on the action. Provided however, suspensions with or without pay in regard to seeking
an employee's termination shall remain in effect until a final ruling by the board unless
otherwise ordered by the board. (c) All hearings before the board shall be recorded and transcribed.
In all cases, the decision of the board shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-44B-48.htm - 4K - Match Info - Similar pages
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