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, §15.)...
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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...
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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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