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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses,
including municipal ordinance violations, in which alcohol and drug abuse is determined from
the evidence to have been a factor in the commission of the offense including juveniles charged
with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The
use of alcohol to the extent that the health, safety or welfare of the user, or that of others,
is substantially impaired or endangered or the social or economic function of the user is
disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential
to the extent that the user has lost the ability of self control, or to the extent that the
health, safety, or welfare of the user, or that of others, is substantially impaired or endangered,
or the social or economic function of the user is...
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41-13-7
Section 41-13-7 Identifying information of state employees on records available for public
inspection. (a) As used in this section, the following terms shall have the following meanings:
(1) EMPLOYEE. Any person who is regularly employed by the state and who is subject to the
provisions of the state Merit System or any person who is regularly employed by a criminal
justice agency or entity or by a law enforcement agency within the state or any honorably
retired employee thereof, to include, but not be limited to, the following: A judge of any
position, including a judge of a municipal court; a district attorney; a deputy district attorney;
an assistant district attorney; an investigator employed by a district attorney; an attorney,
investigator, or special agent of the Office of the Attorney General; a sheriff; a deputy
sheriff; a jailor; or a law enforcement officer of a county, municipality, the state, or special
district, provided the law enforcement officer is certified by the...
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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...
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45-37-240.20
Section 45-37-240.20 Election procedures. (a)(1) Those deputy or assistant county officials
serving in the branch offices in the City of Bessemer in Jefferson County maintained as required
by Act No. 490, H. 1566, Regular Session, (General Acts of Alabama 1915, p. 549), hereinafter
listed, in lieu of being appointed by the principal county officers, shall be elected and
nominated in the same manner that the circuit judges sitting at Bessemer and the deputy district
attorney of the Bessemer Division of Jefferson County are nominated and elected, as follows,
by the qualified voters of the territory over which the Circuit Court of the Tenth Judicial
Circuit sitting at Bessemer has and exercises jurisdiction, and each of such officials shall
at the time of his or her election and during his or her term of office reside within the
territory from which he or she is elected. a. The assistant tax collector shall be elected
at the general election held on the first Tuesday after the first...
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45-8-232.20
Section 45-8-232.20 Rehabilitation board; rules and regulations; inmate wages; escape from
custody; work release program requests; annual report. (a) This section shall apply to Calhoun
County. (b) The following words shall have the following meanings: (1) BOARD. The Calhoun
County Rehabilitation Board, which shall be composed of the sheriff who shall act as chair;
the district attorney; the senior circuit judge; the senior district judge; and a fifth person
to be selected by the Calhoun County Commission. (2) INMATE. Any person convicted of a crime
and sentenced to the county jail or state prison. (c)(1) The board shall adopt written procedures
of operation and administration and shall elect one of its members as chair on an annual basis.
Meetings shall generally be conducted in accordance with Robert's Rules of Order. (2) Any
rules, regulations, or policies promulgated by the board shall be written upon the minutes
of the board, and shall be acknowledged and signed by each member of...
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16-13A-7
Section 16-13A-7 Audits. (a)(1) The yearly business and financial transactions of a local board
of education shall be audited as early as possible after the end of the fiscal year. (2) The
audits of the books and accounts of local boards of education shall be conducted by the Department
of Examiners of Public Accounts. The Department of Examiners of Public Accounts shall audit,
review, and otherwise investigate the receipts and disbursements of funds of each local board
in the same manner as audits are performed on other agencies and departments of the State
of Alabama. (3) Any local board of education governing a city school system, other than those
city systems required by law to be audited by the Department of Examiners of Public Accounts
on June 1, 2006, may employ a certified public accounting firm or firms or use the Department
of Examiners of Public Accounts to perform its yearly financial audit of its books and accounts
including a legal compliance audit and program compliance...
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2-15-70
Section 2-15-70 Operation of livestock market without permit, etc.; disposition of fines; injunctive
proceedings to restrain operation of livestock market in violation of provisions of division.
(a) It shall be unlawful for any person to violate any of the provisions and requirements
of this division or to fail or refuse to perform any duty or requirement imposed by the provisions
of this division or to operate a livestock market without having a valid permit as required
under the provisions of this division, and it shall also be unlawful for any person to operate
a livestock market after the permit to so operate has been revoked under the provisions of
this division. Each day's operation of a livestock market without a permit shall constitute
a separate violation. Any person operating a livestock market without a permit shall be guilty
of a misdemeanor and, upon conviction, shall be fined not less than $50.00 nor more than $500.00
and, within the discretion of the court, may be...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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41-4-323
Section 41-4-323 Purpose; employees; compensation and benefits; payment of expenses; implementation;
additional duties of director. (a) The Office of Indigent Defense Services is established
to carry out the administrative duties relating to the provision of indigent defense services.
The director shall use existing employees of the Department of Finance and its existing offices,
as assigned by the Director of Finance. The director's salary shall not exceed the state salary
paid to a district attorney and be paid at the same time and in the same manner that salaries
of other state employees are paid. The Director of the Office of Indigent Defense Services
shall be entitled to annual and sick leave, insurance, retirement, and other state employee
benefits, including cost-of-living raises authorized by the Legislature for state employees.
(b) The director may enter into contracts, and accept funds, grants, and charitable donations
from any public or private source to pay expenses...
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