25-4-95
Section 25-4-95 Appeals from final decisions of board of appeals or appeals tribunal. Within
30 days after the decision of the board of appeals has become final, any party to the proceeding
including the secretary who claims to be aggrieved by the decision may secure a judicial review
thereof by filing a notice of appeal in the circuit court of the county of the residence of
the claimant; except, that if the claimant does not reside in this state at the time the appeal
is taken, the notice of appeal shall be filed in the circuit court of the county in this state
in which the claimant last resided, or in the circuit court of the county in this state wherein
the claimant last worked. In such action, the notice of appeal need not be verified, but shall
state the grounds upon which a review is sought. A copy shall be served upon the secretary
or upon such person as the secretary may designate (and for the purpose hereof, mailing a
copy addressed to the secretary at Montgomery by registered...
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45-30A-50.18
Section 45-30A-50.18 Appeal to the court. Decisions of the board may be enforced in the court
by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority,
or the city may, within 10 days after the decision of the board is rendered, appeal to the
court from any decisions of the board affirming, imposing, or refusing to affirm or impose
dismissal or demotion as disciplinary action by filing notice of such appeal with the court
and causing a copy of such notice to be served on the appointing authority and any member
of the board. Upon the filing of such notice, the board shall file with the court a certified
transcript of the proceeding had before it with respect to the appeal, and its decision in
the matter. The appeal shall be heard at the earliest possible date by the court sitting without
a jury on the issues made before the board and the trial in the court shall be de novo. No
bond shall be required for such an appeal and the cost of such appeal...
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45-31-120.18
Section 45-31-120.18 Appeal to the court. Decisions of the board may be enforced by mandamus,
injunction, or other appropriate proceedings. The employee, the appointing authority, or the
Geneva County Commission, within 21 days after the decision of the board is rendered, may
appeal to the court from any decision of the board affirming, imposing, or refusing to affirm
or impose dismissal or demotion as disciplinary action by filing notice of such appeal with
the court and causing a copy of such notice to be served on the appointing authority and any
member of the board. Upon the filing of such notice, the board shall file with the court a
certified record of the proceeding had before it with respect to the appeal, and its decision
in the matter. The appeal shall be heard at the earliest possible date by the court sitting
without a jury on the issues made before the board and the trial in the court shall be de
novo. No bond shall be required for such an appeal and the cost of such...
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34-27-38
Section 34-27-38 Disciplinary action - Appeals. (a) Findings of the commission are final unless
within 30 days after the date of the commission's final order, the applicant or accused files
a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her
residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit
court of the county of registration or the county in which the corporation has its principal
place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with
the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal
after the clerk has approved the appellant's bond. (b) An appeal does not act as supersedeas,
but the decision of the commission may be stayed by the court pending such appeal. (c) The
commission shall within 30 days of service of the notice of appeal, or within such additional
time as the court may allow, file the record in the case with the...
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45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
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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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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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45-17A-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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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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16-24C-6
Section 16-24C-6 Termination of employment - Grounds for termination; procedures; appeals.
(a) Tenured teachers and nonprobationary classified employees may be terminated at any time
because of a justifiable decrease in the number of positions or for incompetency, insubordination,
neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other
good and just cause, subject to the rights and procedures hereinafter provided. However, a
vote or decision to approve a recommended termination on the part of a president of a two-year
educational institution operated under the authority and control of the Department of Postsecondary
Education or the governing board shall not be made for political or personal reasons. (b)
The termination of a tenured teacher or nonprobationary classified employee who is not an
employee of a two-year educational institution operated under the authority and control of
the Department of Postsecondary Education shall be initiated by the...
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