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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
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34-29-83
Section 34-29-83 Appeal of disciplinary action; stay of revocation. A person disciplined pursuant
to this article may appeal to the Circuit Court of Montgomery County, notwithstanding the
provisions of the Administrative Procedure Act. To do so, he or she shall file a petition
in the circuit court within 30 days after notification of the decision of the board. The board
has 15 days to enter an appearance and to file the record of the administrative proceedings.
The court may affirm or set aside the decision of the board by judicial review. The license
shall not be revoked pending appeal except in extraordinary circumstances as determined by
the board, and approved by the circuit court in which the appeal is pending. (Acts 1986, No.
86-500, p. 956, §24; Acts 1997, No. 97-249, p. 431, §1.)...
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45-22-120.09
Section 45-22-120.09 Disciplinary action against employees. Any employee may be dismissed,
suspended without pay, or demoted by the commission for, but not limited to, any violation
of this article or whenever the good of the service will be served thereby or the employee's
work, performance, conduct on the job, or insubordinate attitude so warrants; provided, however,
that no employee may be suspended without pay for more than 15 working days at anyone time
or for more than 30 working days in anyone year; and provided further, that no employee shall
be dismissed, suspended without pay, or demoted for political considerations other than those
enumerated in Section 45-22-120.13. Any person appointed to a position who shall have secured
his or her certification therefor through fraud shall be removed by the commission and shall
not thereafter be eligible for examination for or appointment to any position in the county
service except by unanimous consent of the commission. Elected...
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37-1-124
Section 37-1-124 Proceedings on appeal. The commission's order shall be taken as prima facie
just and reasonable. No new or additional evidence may be introduced in the circuit court,
except as to fraud or misconduct of some person engaged in the administration of this title
and affecting the order, ruling or award appealed from, but the court shall otherwise hear
the case upon the certified record and shall set aside the order if the court finds that:
(1) The commission erred to the prejudice of appellant's substantial rights in its application
of the law; or (2) The order, decision or award was procured by fraud or was based upon a
finding of facts contrary to the substantial weight of the evidence. However, the court may,
instead of setting aside the order, remand the case to the commission for further proceedings
in conformity with the direction of the court. The court may, in advance of judgment and upon
a sufficient showing, remand the case to the commission for the purpose of...
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45-22-120.04
Section 45-22-120.04 Powers and duties of commission regarding personnel. (a) The commission
shall adopt rules and regulations to carry out this article, and to provide for advertising
of vacancies, recruitment, selection, hiring, classification, placement, promotion, transfer,
demotion, suspension, removal, disciplinary action, appeal, hearings, grievances, and training,
and the commission may, from time to time, make changes in its rules, regulations, and procedures,
provided, however, that no rule, regulation, procedure, or policy may be adopted, promulgated,
or amended so as to affect a single employee or group or class of employees either adversely
or favorably at the expense or to the detriment of other employees. All promotions shall be
made by the commission upon the recommendation of the head of the department/office in which
the vacancy for the promotion occurs. The commission shall: (1) Classify the different types
of service to be performed in the departments and offices of...
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37-1-126
Section 37-1-126 Superseding order - Order of stay or supersedeas. An appeal to the Circuit
Court of Montgomery County shall not stay or supersede the order or action of the commission
appealed from. Subject to the provisions of this subdivision, the circuit court may, upon
hearing and notice, and after consideration of the testimony taken before the commission,
stay or supersede the order or action of the commission. (1) If the appeal to the circuit
court is from an order of the commission reducing or refusing to increase rates, fares or
charges, or any of them, or any schedule or part or parts of any schedule, of such rates,
fares or charges, the circuit court shall not direct or order a supersedeas or stay of the
action or order appealed from without requiring, as a condition precedent to the granting
of such supersedeas, that the utility applying for the same shall execute and file with the
clerk of said court a bond which shall be as provided in this subdivision. (2) If the...
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34-8B-9
Section 34-8B-9 Recovery by board of damages; liability of board members. (a) The board may
sue and be sued in its own name to recover actual or compensatory damages, including interest
and court costs, sustained as the result of disciplinary action taken against any licensee
or any other person who violates this chapter or rules promulgated hereunder. (b) All members
of the board shall be immune from civil liability while acting within the scope of their duties
as board members. (Act 2006-200, p. 289, §9; Act 2010-554, p. 1120, §3.)...
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34-9-18
Section 34-9-18 Grounds for disciplinary action. (a) The board may invoke disciplinary action
as outlined in subsection (b) whenever it shall be established to the satisfaction of the
board, after a hearing as hereinafter provided, that any dentist or dental hygienist has been
guilty of the following: (1) Fraud, deceit, or misrepresentation in obtaining any license,
license certificate, annual registration certificate, money, or other thing of value. (2)
Gross immorality. (3) Is a menace to the public health or to patients or others by reason
of a disease. (4) Is an habitual user of intoxicants or drugs rendering him or her unfit for
the practice of dentistry or dental hygiene. (5) Has been convicted for violation of federal
or state narcotics or barbiturate laws. (6) Is guilty of negligence or gross negligence. a.
For the purposes of this subdivision, negligence is defined as the failure to do what a reasonably
prudent dentist or dental hygienist would have done under the same or...
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45-42-122.03
Section 45-42-122.03 Power and duties of board. (a) The board shall adopt rules and regulations
to carry out the purposes of this part, and to provide for hirings, promotions, demotions,
suspensions, removals, disciplinary action, appeal, hearing, grievances, and the board may
from time to time make changes in its rules, regulations, and procedures. The head of each
department or office shall recommend for promotion persons to fill any vacancies that may
occur in his or her department or office. All promotions shall be made by the board. The board
shall have the authority to: (1) Classify the different types of service to be performed in
the departments and offices of the county. (2) Prescribe qualifications, including those of
character, education, training, and acquired and demonstrated experience, for appointees of
each class. (3) Define compensation schedules for the classification of services. (4) Allocate
each job in the service of the county to its proper classification. (b) The...
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15-13-141
Section 15-13-141 Revocation of authority to execute bail by clerk. In all cases where a conditional
forfeiture has been made final by any court of the state or any of its subdivisions and there
has been no further action or request filed with the court, appeal taken, application to the
State Pardons and Paroles Board, or any other litigation of which the court has knowledge
has been filed by the surety with the court within 30 days of the entry or order of the final
judgment and the same has not been paid to the clerk of the court, then the clerk shall refuse
to accept and approve any bonds from the surety as being insufficient. The clerk shall notify
all persons authorized to accept and approve bonds returnable to the court of the action and
they shall no longer accept or approve surety on bonds until notified otherwise by the clerk.
The clerk shall also notify the circuit clerk of the county who shall notify all other clerks
of any courts in the county in writing and the clerks...
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