45-48-121.11
Section 45-48-121.11 Removal, discharge, or demotion of employee; proceedings; appeal. (a)
The county commission, any member of the governing body, or the head of any department or
office, respectively, can remove, discharge, or demote any merit employee who is directly
under such governing body, member thereof, or department head, provided that within five calendar
days a report in writing of such action is made to the board and employee, giving the reason
for such removal, discharge, or demotion. The employee shall have 10 calendar days from the
time of notification of his or her discharge, removal, or demotion in which to appeal to the
board. If such appeal be filed, the board shall thereupon order the charges or complaint to
be filed forthwith in writing, if not already filed, and within 15 calendar days shall hold
a hearing de novo on such charges. No merit employee shall be removed, discharged, or demoted
except for some personal misconduct, or fact, rendering his or her further...
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8-7A-23
Section 8-7A-23 Investigation and subpoenas by commission. (a) The commission may do any of
the following: (1) Make such public or private investigations within or outside of this state
as it deems necessary to determine whether: Any license under this chapter should be granted,
denied, suspended, or revoked; any person has violated or is about to violate any provision
of this chapter or any rule or order hereunder; or to aid in the enforcement of this chapter
or in the prescribing of rules and forms hereunder. (2) Require or permit any person to file
a statement in writing, under oath, or otherwise as the commission may determine, as to all
the facts and circumstances concerning the matter to be investigated. (3) Publish information
concerning any violation of this chapter or any rule or order hereunder. (b) In relation to
any investigation or proceeding under this chapter, the commission, or any officer designated,
may administer oaths and affirmations, subpoena witnesses, compel...
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12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
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25-2-23
Section 25-2-23 Powers of secretary, officers of department and board of appeals as to witnesses.
The Secretary of Labor, any officer of the Department of Labor designated by the secretary
and the members of the board of appeals, in the performance of any function or duty or the
execution of any power prescribed by law, shall have the power to administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, compel
the attendance of witnesses and the production of papers, books, accounts, payrolls, documents,
records and testimony. 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 Secretary of Labor or any
officer of the Department of Labor designated by the...
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25-4-97
Section 25-4-97 Powers of appeals tribunal, board of appeals and officers of Department of
Labor as to witnesses; witness fees. In the discharge of their duties under this chapter any
deputy, any appeals tribunal, any member of the board of appeals, and any officer of the Department
of Labor authorized and designated by the secretary shall have power to administer oaths,
certify to official acts, take and cause to be taken depositions of witnesses, issue and serve
subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts,
payrolls, documents, records, and testimony. 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 secretary or any officer of the Department of Labor designated...
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45-18-120.11
Section 45-18-120.11 Removal, discharge, or demotion of merit employee; proceedings before
board; appeal. (a) The govening body of the county, any member of the govening body, or the
head of any department or office can remove, discharge, or demote any merit employee who is
directly under such governing body, member thereof, or department head, provided that within
five days a report in writing of such action is made to the merit system board, giving the
reason for such removal, discharge, or demotion. The employee shall have 10 days from the
time of notification of discharge, removal, or demotion in which to appeal to the merit system
board. If such appeal is filed, the merit system board shall order the charges or complaint
to be filed in writing, if not already filed, and shall hold a hearing de novo on such charges.
No merit employee shall be removed, discharged, or demoted except for some personal misconduct
or fact rendering his or her further tenure harmful to the public...
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45-8-120.16
Section 45-8-120.16 Open meetings and hearings of board. All meetings and hearings of the board
shall be open to the public. Notwithstanding the foregoing, when the good name and character
of an individual is to be discussed by the board at one of its meetings, or a written waiver
of public hearing signed by the affected employee, the appointing authority, or the citizen
complainant, as the case may be, is filed with the board, the board may, by majority vote
of its members, close a meeting or hearing and exclude the public. No other matter may be
discussed by the board, if a meeting or hearing has been so closed. In any proceeding before
the board, the county commission and appointing authorities, or their designated representatives,
and any other interested individual may appear and present information in their interests.
The board and its specially authorized representatives shall have the power to administer
oaths, take depositions, certify official acts, and issue subpoenas to...
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8-19-9
Section 8-19-9 Discovery of information. Before any action is commenced, the Attorney General
or the district attorneys may issue subpoenas to any person to appear and produce relevant
papers, documents, and physical evidence, and administer an oath or affirmation to any person,
in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas
shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon
failure of a person without lawful excuse to obey such subpoena, the Attorney General or district
attorney may apply to a court of competent jurisdiction for an order compelling compliance.
After an action is commenced, discovery may proceed in accordance with the Alabama Rules of
Civil Procedure. (Acts 1981, No. 81-355, p. 510, §9.)...
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45-17A-50.10
Section 45-17A-50.10 Finality of disciplinary action; record of hearing and determination;
procedures of hearings; review. (a) No disciplinary action taken against a regular status
employee, except a head of a department, that involves suspension without pay, demotion, dismissal,
or any other action as defined by the implementing rules and regulations shall become final
until the board holds a hearing on the action, if the employee appeals the action in writing
to the board within 10 calendar days of receipt of written notification of the action to be
taken by the mayor. Within 30 calendar days after receipt of the written appeal of the employee,
the board shall schedule and hold a public hearing on the appeal and render a decision. (b)
All hearings before the board shall be recorded and transcribed. In all cases, the decision
of the board shall be reduced to writing and entered in the record of the case. The board
may in its decision uphold the action by the mayor, modify the action,...
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45-30A-50.17
Section 45-30A-50.17 Procedure for protesting certain disciplinary action. (a) An employee
shall have the right to protest any disciplinary action taken against him or her by his or
her appointing authority; provided, however, an employee serving by temporary appointment
and an employee having probationary status shall have no right to protest any such disciplinary
action, unless such employee had permanent status in some other position at the time he or
she was appointed to his or her present position. An employee desiring to protest any disciplinary
action directed against him or her by his or her appointing authority shall file a protest
in writing with the board and with his or her appointing authority within seven days of the
date on which the disciplinary action was taken and request a hearing before the board. Within
seven days after receipt of the protest, his or her appointing authority shall file with the
chair of the board and mail to the employee by certified mail a...
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