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45-49-261.09
Section 45-49-261.09 Powers of board of adjustment. (a) The board of adjustment shall
have all of the following powers: (1) To hear and decide appeals where it is alleged there
is error in any order, requirement, decision, or determination made by an administrative official
in the enforcement of the zoning regulations adopted pursuant to this part. (2) To hear and
decide special exceptions to the terms of the zoning regulations adopted pursuant to this
part. (3) To authorize upon appeal in specific cases the variance from the terms of the zoning
regulations as will not be contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of the zoning regulations will result in unnecessary
hardship and so that the spirit of the ordinance or regulations required shall be observed
and substantial justice done. The foregoing provisions shall not authorize the board of adjustment
to approve a use not permitted by the zoning regulations. (b) In...
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11-44C-98
Section 11-44C-98 Board of adjustment. (a) In any Class 2 municipality, any law to the
contrary notwithstanding, the number of members on a board of adjustment provided for in Section
11-52-80, whose members are appointed by the governing body of the Class 2 municipality shall
be the same as the number of members of the governing body of the Class 2 municipality. (b)
In exercising the powers in subsection (d) of Section 11-52-80, the board may reverse,
affirm, or modify the order, requirement, decision, or determination appealed from and may
enter the appropriate order, requirement, decision, or determination and, to that end, shall
have all the powers of the officer from whom the appeal is taken. The concurring vote of five
members of the board shall be necessary to reverse any order, requirement, decision, or determination
of an administrative official or to decide in favor of the applicant on a matter upon which
the board is required to pass under any ordinance or to effect any...
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11-52-80.1
Section 11-52-80.1 Board of Adjustment - Definitions; membership; reversing, affirming
or modifying decisions, etc.; terms of planning commission members terminated; duties, powers,
etc. (a) When used in this section, the words municipality, municipalities, and mayor
shall have the meanings as provided for in Section 11-52-1. (b) The council of any
Class 5 municipality with a city manager or mayor commission form of government may determine
by ordinance that any board of adjustment of the municipality created pursuant to Section
11-52-80, shall consist of seven members: six regular members appointed by the council and
representing as equally as possible the several districts, wards, or other areas of the municipality,
to be determined by the council, and one regular member appointed by the mayor. (c) In exercising
the powers in subsection (d) of Section 11-52-80, the board may reverse, affirm, or
may modify the order, requirement, decision, or determination appealed from and may enter...
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32-7-3
Section 32-7-3 Administration of chapter; appeal to court. (a) Director to administer
chapter. The director shall administer and enforce the provisions of this chapter and may
make rules and regulations necessary for its administration and shall provide for hearings
upon the request of persons aggrieved by orders or acts of the director under the provisions
of this chapter. (b) Appeal to court. At any time within 60 days after the rendition of any
order or decision by the director under the provisions of this chapter, any party in interest
may appeal to the circuit court in and for any county in the State of Alabama wherein any
party in interest may reside, or in which any party in interest which is a corporation may
have its principal office or place of business, and the appeal may be for the purpose of having
the lawfulness of any order, decision, or act of the director inquired into and determined.
The court shall determine whether the filing of an appeal shall operate as a stay of...
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34-20-6
Section 34-20-6 Board of Examiners of Nursing Home Administrators - Review of decisions.
Any party aggrieved by a final decision or order of the Board of Examiners of Nursing Home
Administrators suspending, revoking, or refusing to issue a license is entitled to a review
of such decision or order by taking an appeal to the circuit court of the county in which
the nursing home administrator or applicant resides. In such cases, such appeal shall be taken
by filing notice thereof with the register or clerk of the circuit court within 30 days of
the date of notice by the board of its decision. Appeals from any order or judgment rendered
thereon by the circuit court to the Supreme Court of Alabama shall be available as in other
cases. (Acts 1969, No. 986, p. 1734, ยง15.)...
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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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45-18-120.11
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-18-120.11.htm - 4K - Match Info - Similar pages
27-2-32
Section 27-2-32 Hearings - Appeals. (a) An appeal from the commissioner shall be taken
only from an order on hearing, or as to a matter on which the commissioner has refused or
failed to hold a hearing after demand therefor under Section 27-2-28 or as to a matter
as to which the commissioner has refused or failed to make his order on hearing as required
by Section 27-2-31. Any person who was a party to such hearing or whose pecuniary interests
are directly and immediately affected by any such refusal or failure to grant or hold a hearing
and who is aggrieved by such order, refusal, or failure may appeal from such order or as to
any such matter within 30 days after: (1) The order on hearing has been mailed or delivered
to the persons entitled to receive the same; (2) The commissioner's order denying rehearing
or reargument has been so mailed or delivered; (3) The commissioner has refused or failed
to make his order on hearing as required under Section 27-2-31; or (4) The commissioner...
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45-8-120.17
Section 45-8-120.17 Petition for review of board action. Any party, including the county
commission and county appointing authorities, aggrieved by a final action of the board, shall
be entitled to a review of the action by filing a petition in the Circuit Court of Calhoun
County within 30 days after the action is taken. Upon the filing of any petition, notice shall
also be served upon the chairperson of the board by the petitioner. The petitioner shall be
heard by the court at the earliest practical date. Review by the court shall be without a
jury and confined to the record of the board action. The record shall include transcripts
or other documentation used by the board in arriving at its action. The court may, upon the
terms and conditions as it shall deem proper, at any time before the hearing of the petition,
permit the board to gather additional information and modify its final decision. The court,
upon a hearing of the petition, may affirm or reverse and render or remand the...
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45-2-234.09
Section 45-2-234.09 Appeals; subpoenas; hearing. (a) A classified employee, other than
an appointed official, shall have the right to appeal any disciplinary action taken against
him or her. An employee on probationary status shall not have that right unless the employee
had permanent status in some other position at the time of appointment to the probationary
position. An employee, other than an appointed official, desiring to appeal any disciplinary
action directed against him or her shall first exhaust any administrative remedy as provided
by policy of the sheriff's personnel system. Upon exhausting any administrative remedy, the
employee shall then file his or her appeal in writing with the personnel officer within seven
calendar days of the last final administrative action on the disciplinary action, and shall
request a hearing before the personnel appeals board. Within seven calendar days after the
receipt of the appeal, the personnel officer shall file with the chair of the...
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