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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-15.htm - 1K - Match Info - Similar pages
41-22-18
Section 41-22-18 Disqualification from participation in proposed order or final decision
based upon conflict of interest or personal bias. (a) No individual who participates in the
making of any proposed order or final decision in a contested case shall have prosecuted or
represented a party in connection with that case, the specific controversy underlying that
case, or another pending factually related contested case, or pending factually related controversy
that may culminate in a contested case involving the same parties. Nor shall any such individual
be subject to the authority, direction or discretion of any person who has prosecuted or advocated
in connection with that contested case, the specific controversy underlying that contested
case, or a pending factually related contested case or controversy, involving the same parties.
(b) A party to a contested case proceeding may file a timely and sufficient affidavit asserting
disqualification according to the provisions of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-18.htm - 1K - Match Info - Similar pages
22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The
SHPDA, pursuant to the provisions of Section 22-21-274, shall prescribe by rules and
regulations the procedures for review of applications for certificates of need and for issuance
of certificates of need. Rules and regulations governing review procedures shall include,
but not necessarily be limited to, the following: (1) Agreement with other review agencies
for review procedures consistent with this article and federal regulations. (2) Application
procedures and forms of the application necessary to elicit and provide all necessary information
as required by the review criteria. (3) Establishment of a project review period of 90 days
from the date the state agency determines that the application is complete and notification
thereof is made to the applicant. The rules and regulations may provide for a period of not
more than 15 days for determination of the completeness of the application,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-275.htm - 10K - Match Info - Similar pages
41-22-13
Section 41-22-13 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 (except where precluded by statute)
if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their
affairs. Agencies 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-13.htm - 4K - Match Info - Similar pages
22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Environmental Management
Commission or its designee, to compel obedience by contempt...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-7.htm - 6K - Match Info - Similar pages
16-24C-6
Section 16-24C-6 Termination of employment - Grounds for termination; procedures; appeals.
(a) Tenured teachers and nonprobationary classified employees may be terminated at any time
because of a justifiable decrease in the number of positions or for incompetency, insubordination,
neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other
good and just cause, subject to the rights and procedures hereinafter provided. However, a
vote or decision to approve a recommended termination on the part of a president of a two-year
educational institution operated under the authority and control of the Department of Postsecondary
Education or the governing board shall not be made for political or personal reasons. (b)
The termination of a tenured teacher or nonprobationary classified employee who is not an
employee of a two-year educational institution operated under the authority and control of
the Department of Postsecondary Education shall be initiated by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-24C-6.htm - 15K - Match Info - Similar pages
41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings
and final decisions in contested cases. (a) A person who has exhausted all administrative
remedies available within the agency, other than rehearing, and who is aggrieved by a final
decision in a contested case is entitled to judicial review under this chapter. A preliminary,
procedural, or intermediate agency action or ruling is immediately reviewable if review of
the final agency decision would not provide an adequate remedy. (b) All proceedings for review
may be instituted by filing of notice of appeal or review and a cost bond with the agency
to cover the reasonable costs of preparing the transcript of the proceeding under review,
unless waived by the agency or the court on a showing of substantial hardship. A petition
shall be filed either in the Circuit Court of Montgomery County or in the circuit court of
the county in which the agency maintains its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure
Interstate Compact. The Emergency Medical Services Personnel Licensure Interstate Compact
is hereby enacted into law and entered into with all other jurisdictions legally joining therein
in form substantially as follows: SECTION 1. PURPOSE In order to protect the public
through verification of competency and ensure accountability for patient care related activities
all states license emergency medical services (EMS) personnel, such as emergency medical technicians
(EMTs), advanced EMTs and paramedics. This Compact is intended to facilitate the day to day
movement of EMS personnel across state boundaries in the performance of their EMS duties as
assigned by an appropriate authority and authorize state EMS offices to afford immediate legal
recognition to EMS personnel licensed in a member state. This Compact recognizes that states
have a vested interest in protecting the public's health and safety...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-18-50.htm - 41K - Match Info - Similar pages
41-22-17
Section 41-22-17 Filing of application for rehearing in contested cases; form and content;
effect of application on final order; grounds for rehearing; service of application on parties
of record; agency decision on application. (a) Any party to a contested case who deems himself
aggrieved by a final order and who desires to have the same modified or set aside may, within
15 days after entry of said order, file an application for rehearing, which shall specify
in detail the grounds for the relief sought therein and authorities in support thereof. (b)
The filing of such an application for rehearing shall not extend, modify, suspend or delay
the effective date of the order, and said order shall take effect on the date fixed by the
agency and shall continue in effect unless and until said application shall be granted or
until said order shall be superseded, modified, or set aside in a manner provided by law.
(c) Such application for rehearing will lie only if the final order is: (1) In...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-17.htm - 2K - Match Info - Similar pages
41-22-12
Section 41-22-12 Notice and opportunity for hearing in contested cases; contents 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...
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