32-5A-308
Section 32-5A-308 Judicial review. Within 30 days of the issuance of the final determination
of the department following a hearing under Section 32-5A-307, a person aggrieved by the determination
shall have the right to file a petition in the circuit court of the county where the arrest
was made for judicial review. The appeal shall be taken by serving written notice of the appeal
upon the director, which service shall be made by delivering a copy of the notice to the director
in Montgomery, Alabama, and filing the original thereof with the clerk of the court to which
the appeal is taken. The court shall set the matter for hearing upon 30 days' written notice
to the director. At the hearing, the court may take testimony and examine the facts of the
case. After the hearing, the court may either reverse or sustain the final determination of
the department. The filing of a petition for judicial review shall not stay the suspension
order. (Acts 1996, No. 96-322, p. 388, §9; Act 99-598, p....
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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11-67-5
Section 11-67-5 Hearing procedure; decision of council; jurisdiction to remove weeds; finality
of decision. If objections are filed, at the time stated in said notice, the council of the
City of Mobile shall hear and consider all evidence, objections, and protest regarding the
proposed removal of weeds. The council may continue the hearing from time to time. Upon the
conclusion of said hearing, the council, by resolution, shall decide whether a public nuisance
exists and, if so, shall order it to be removed or abated with respect to any property or
part thereof described. The governing body, by passage of said resolution, shall be deemed
to have acquired jurisdiction to proceed and either to perform or have performed the work
of removal or abatement with respect to such property or part thereof. The decision of the
governing body on the matter shall be deemed final and conclusive. (Acts 1988, No. 88-329,
p. 496, §5.)...
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4-6-11
Section 4-6-11 Appeals from action of administrative agency or governing body. (a) Any person
aggrieved by any decision of an administrative agency made in its administration of airport
zoning regulations adopted under this chapter or any governing body of a political subdivision
which is of the opinion that a decision of such an administrative agency is an improper application
of airport zoning regulations of concern to such governing body or board may appeal to the
circuit court of the county where such airport is located. (b) All appeals taken under this
section must be taken within 10 days by filing with the agency from which the appeal is taken
a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken
shall forthwith transmit to the court all the papers constituting the record upon which the
action appealed from was taken. (c) An appeal shall stay all proceedings in furtherance of
the action appealed from, unless the agency from which the 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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45-35-120.18
Section 45-35-120.18 Appeal. Decisions of the board may be enforced by mandamus, injunction,
or other appropriate proceedings. The employee, the appointing authority, or the Houston County
Commission may, within 21 days after the decision of the board is rendered, 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 appeal shall be...
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45-35A-51.20
Section 45-35A-51.20 Discharges. (a) The appointing authority may discharge an employee in
the classified service, whenever he or she considers the good of the service and the welfare
of the city will be best served thereby, by making and filing in his or her office an order
to that effect together with the reasons assigned for the discharge, however, the power to
discharge shall not be capriciously or arbitrarily exercised in any case; a copy of such order
and the reasons assigned shall be served upon each the employee and the director before the
effective date thereof; and a copy served upon the director shall be filed and retained in
the office as a public record. The discharged employee, within 10 days after receipt of the
discharge notice, may appeal the action of the appointing authority to the board, by filing
a written answer to the chair with a demand for a hearing. It shall be the duty of the board
to fix a time and place for hearing on the appeal, and to give notice thereof...
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45-41-260.13
Section 45-41-260.13 Exemptions to zoning regulations. The commission, in appropriate cases
and subject to appropriate conditions and safeguards, may make special exceptions to the terms
of the zoning regulations in harmony with its general purposes and interests and in accordance
with general or specific rules adopted by the commission. Anyone wishing to appeal from an
existing zoning regulation may file a written petition stating the basis for the appeal, whereupon
the commission shall fix a date for such hearing, giving notice as to the commission may seem
appropriate, and on such hearing the commission shall have 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 the commission or official in the enforcement of this article or
any regulation adopted pursuant to this article. (2) To hear and decide on requests for special
exceptions to the term of provisions of the regulations upon...
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45-49-101.08
Section 45-49-101.08 Appeals. A person who contests a notice of violation and is adjudicated
by the court to be responsible for the civil fine may appeal the adjudication for a trial
de nova to the Circuit Court of Mobile County, in which the district or municipal court is
located, using the procedures that apply to criminal convictions with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) The person appealing, as a condition precedent
to appeal, shall pay the civil fine in full, and failure to do so shall divest the Circuit
Court of Mobile County. If, on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality located in Mobile County, or the
Alabama State Law Enforcement Agency, shall refund the same without interest within 15 days
of receipt of notice of the disposition from the circuit court. If...
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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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