34-24-363
Section 34-24-363 Witnesses - How subpoenaed and sworn; failure to comply. (a) To any such
hearing witnesses may be subpoenaed by the commission on its own motion, or on the demand
of either side by subpoena signed by the chairman of the commission, or by the executive officer
of the commission, and such subpoenas may be served by any sheriff of the State of Alabama,
or by the executive officer of the commission or by any person designated by the executive
officer; and, if served by anyone other than a sheriff, the return of service shall be sworn
to by the person before some officer authorized to administer oaths. Witnesses may be sworn
by the chairman or by the person discharging the duties of the chairman. Similar subpoenas
may be issued directing the production of books, papers, or documents at the hearing. (b)
In conducting its investigations, the State Board of Medical Examiners shall have the authority
to subpoena witnesses and command the production at any of its meetings of...
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45-22-120.10
Section 45-22-120.10 Grievance procedure. (a) An employee shall have the right to appeal any
disciplinary action taken against him or her, provided, however, that an employee on probationary
status shall have no such right unless such employee shall have 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 appeal any disciplinary action directed against him or her shall first exhaust
all administrative remedy as provided by policy of the commission. Upon exhausting all administrative
remedy, the employee shall then file his or her grievance in writing with the commission within
seven calendar days of the last final administrative action on his or her grievance, and shall
request a hearing before the personnel board. Within seven calendar days after the receipt
of the grievance, the commission shall file with the chair of the board and mail to the employee
by certified mail a statement specifying the...
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34-27-68
Section 34-27-68 Commission may seek injunctive relief, etc., for violation of article; investigation;
revocation of registration. (a) If it appears that a person, firm, corporation, or any business
entity has engaged, or is about to engage, in an act or practice constituting a violation
of a provision of this article or rule or order of the commission, the commission, through
the Attorney General, may institute legal actions to enjoin the act or practice and to enforce
compliance with this article or any rule or order of the commission or to have a receiver
or conservator appointed. To prevail in such action, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist or that substantial or irreparable
damage would result from the continued violation thereof. (b) The commission may: (1) Make
any public or private investigation which it deems necessary, either within or outside of
this state, to determine whether any person has violated or is about...
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22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. 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 Environmental Management
Commission or its designee, to compel obedience by contempt...
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45-2-120.09
Section 45-2-120.09 Appeals from disciplinary actions. (a) A classified employee 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 desiring to appeal any
disciplinary action directed against him or her shall first exhaust any administrative remedy
as provided by policy of the commission. Upon exhausting any administrative remedy, the employee
shall then file his or her appeal in writing with the personnel director 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 director shall file with the chair of the board and mail to the
employee by certified mail a statement specifying 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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11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days after
receipt of written charges or a written appeal of an employee from a decision after predisciplinary
hearing, the board shall schedule and hold a public hearing in regard thereto and render a
decision. The board shall provide notice of the hearing to the mayor, the employee's department
head, and the city attorney. At the hearing, the employee shall be entitled to be represented
by an attorney of his or her choosing and expense. (b) If the regular status employee appeals,
no disciplinary action taken against the employee shall become final until the board holds
a hearing on the action. Provided however, suspensions with or without pay in regard to seeking
an employee's termination shall remain in effect until a final ruling by the board unless
otherwise ordered by the board. (c) All hearings before the board shall be recorded and transcribed.
In all cases, the decision of the board shall be...
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34-2-36
Section 34-2-36 Penalties; hearing; enforcement; appeal. (a) On or after April 28, 1999, any
person who knowingly, willfully, or intentionally violates any provision of this chapter shall
be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and
separate offense. (b) When it appears to the board that any person is violating any of the
provisions of this chapter, the board may in its own name bring an action in the circuit court
for an injunction, and the court may enjoin any person from violating this chapter regardless
of whether the proceedings have been or may be instituted before the board or whether criminal
proceedings have been or may be instituted. (c) In addition to any other provisions of law,
the board may enter an order assessing a civil penalty against any nonregistered person, corporation,
or other entity found guilty by the board of, but not limited to, the following violations
of this chapter: (1) Engaging in the practice or offer to...
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34-14-9
Section 34-14-9 Complaint and hearing; appeal; disciplinary actions. (a) Any person wishing
to make a complaint against a licensee or apprentice under this chapter shall reduce the same
to writing and file his or her complaint with the board within one year from the date of the
action upon which the complaint is based. If the board investigates and determines the charges
made in the complaint are sufficient to warrant a hearing to determine whether the license
issued under this chapter shall be suspended or revoked, it shall make an order fixing a time
and place for a hearing and require the licensee complained against to appear and defend against
the complaint. The order shall have annexed thereto a copy of the complaint. The order and
copy of the complaint shall be served upon the licensee at least 20 days before the date set
for hearing, either personally or by registered or certified mail sent to the licensee's last
known address. Continuances or adjournment of hearing date shall...
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34-27-37
Section 34-27-37 Disciplinary action - Procedure in action. (a) An action against an accused
shall begin by serving the accused either personally or by certified mail with a copy of the
formal complaint against him or her. The accused shall be given at least 15 days' notice of
the time, date, and place of hearing. If the commission refuses to license an applicant, notice
of the refusal shall be given to the applicant, and he or she may, within 15 days after delivery
of the notice, file a request for a hearing. The applicant or accused shall have an opportunity
to be heard in person or by counsel, to offer testimony in his or her behalf, and to examine
witnesses. Hearings shall be held in Montgomery County unless the commission decides to hold
the hearing in the county in which the applicant or accused resides, maintains his or her
principal place of business, or any other county in which the commission has scheduled a meeting.
At hearings, all witnesses shall be sworn by a member of...
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