Code of Alabama

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34-14A-8
Section 34-14A-8 Revocation, etc., of license; consumer complaint; hearing; appeal; reissuance;
fines. (a) The board may levy and collect administrative fines not to exceed five thousand
dollars ($5,000) for each violation or revoke or suspend the license of any licensee who,
in the opinion of the board, has committed fraud or deceit in obtaining a license required
by this chapter, who has been guilty of gross negligence, incompetence, or misconduct in the
practice of residential home building, who has engaged in the business of residential home
building outside the scope of the license, or who has violated this chapter or a board rule.
Should the board establish or adopt, or both, standards of practice for residential home builders
within the state, as provided in Section 34-14A-12, the board may suspend the license of any
licensee who, in the opinion of the board, has committed a violation of the standards of practice
and may impose any other disciplinary sanctions authorized...
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45-8A-71.13
working days from the time of written notification of his or her discharge, removal, or demotion
in which to appeal to the board. Upon receipt of the appeal, the board shall order the charges
or complaint to be filed with it in writing and shall hold a hearing on the charges. No permanent
employee, officer, or official of the city whose employment comes within the coverage of this
part, and whose probationary period has been served, shall be removed, discharged, or demoted
except for some personal misconduct, or fact, rendering his or her further tenure harmful
to the public interest, or for some cause affecting or concerning his or her fitness or ability.
If the removal, discharge, or demotion is appealed to the board, then the action shall become
final only after a hearing upon written charges or complaint. At the hearing, the employee
shall have the opportunity to face his or her accusers and be heard in his or her own defense.
Pending a hearing on the appeal, the employee may be...
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34-22-8
Alabama, or the county in which the accused resides for the hearing of the charge or charges
shall be fixed by the board as soon as convenient. A copy of the charge or charges, together
with a written notice of the time and place of the hearing, and a copy of the rules of procedure
adopted by the board for the hearing shall be served on the accused at least 20 days before
the date fixed for the hearing, by leaving a copy thereof at his or her last and usual place
of residence, by personal service upon the accused, or by forwarding a copy to the
accused via United States registered mail, with a return receipt requested, addressed to him
or her at his or her last known mailing address, if a resident of the State of Alabama. If
the accused is not a resident of Alabama or has departed from the State of Alabama, then notice
of the time and place of the hearing shall be published in a newspaper of general circulation
in the county where the accused is last known to have resided,...
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34-8A-16
outside the area of their training, experience, or competence. (7) Is legally adjudicated mentally
incompetent, the record of the adjudication being conclusive evidence thereof. (8) Has willfully
or negligently violated any of the provisions of this chapter or any of the rules and regulations
adopted thereunder. (9) Has been practicing as a counselor without a license. (b)(1) Notice
of denial, revocation, suspension, or disciplinary action is required to be sent by registered
mail or personal service setting forth the particular reasons for the proposed action
and fixing a date not less than 30 days nor more than 60 days from the date of the mailing
or service, at which time the applicant, licentiate, or associate shall be given an opportunity
for a prompt and fair hearing. The written notice shall be sent to the last known address
of the person, but the nonappearance of the person shall not prevent the hearing. The hearing
shall be conducted by the board by means of sworn,...
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34-1-14
Section 34-1-14 Hearings; judicial review. (a) Commencement of proceeding. The board may initiate
proceedings under this chapter either on its own motion or on the complaint of any person.
(b) Notice; service and contents. A written notice stating the nature of the charge or charges
against the accused and the time and place of the hearing before the board on such charges
shall be served on the accused not less than 30 days prior to the date of said hearing either
personally or by mailing a copy thereof by registered or certified mail to the address of
the accused last known to the board. (c) Failure to appear. If, after having been served with
the notice of hearing as provided for herein, the accused fails to appear at said hearing
and defend, the board may proceed to hear evidence against him or her and may enter such order
as shall be justified by the evidence, which order shall be final unless he or she petitions
for a review thereof as provided herein; provided, that within 30...
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36-25A-7
or lease real property shall be disclosed in the public portion of a meeting prior to the execution
of the contract. If an executive session is utilized pursuant to this exception in addition
to the members of the governmental body, only persons representing the interests of the governmental
body in the transaction may be present during the executive session. This real property discussion
exception shall not apply if: a. Any member of the governmental body involved in the transaction
has a personal interest in the transaction and attends or participates in the executive
session concerning the real property. b. A condemnation action has been filed to acquire the
real property involved in the discussion. (7) To discuss preliminary negotiations involving
matters of trade or commerce in which the governmental body is in competition with private
individuals or entities or other governmental bodies in Alabama or in other states or foreign
nations or to discuss matters or information of the...
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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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45-49A-63.194
Section 45-49A-63.194 Appeals from board decisions. (a) Within 10 days after any final decision
of the board, the city or any person aggrieved at the decision of the board may appeal the
decision to the Circuit Court of Mobile County by filing a notice and request for an appeal
with the clerk of the circuit court and serving notice of the appeal upon any member of the
board. The appeal shall be heard at the earliest possible date by a judge sitting without
a jury. It shall not be necessary to enter exceptions to the rulings of the board and no bond
shall be required for such an appeal. (b) The circuit court appeal shall not constitute a
proceeding de novo; instead, the court shall review the board's decision using the same standard
of review the court uses in deciding common law writs of certiorari. (c) An appeal may be
taken from any decision of the circuit court to the court of appeals or the Supreme Court
of Alabama as now provided by law, under the same standard of review...
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34-4-33
Section 34-4-33 Revocation or suspension - Notice of appeal; decision stayed; record and complaint
filed; procedures; costs. (a) Findings of the board with regard to the suspension or revocation
of a license or the imposition of an administrative fine shall be final unless within 30 days
after the date of the final order of the board, the applicant, or otherwise known as the accused,
whether an individual or a corporation registered in Alabama, files a notice of appeal in
the Circuit Court of Montgomery County. A party appealing a decision shall post a two hundred
dollar ($200) appeal bond with the clerk of the circuit court. The circuit clerk shall notify
the board 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 board may be stayed by the court pending the
appeal. (c) The board shall within 30 days of service of the notice of appeal, or within the
additional time as the court may allow, file the record...
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45-39-40.26
Section 45-39-40.26 Decisions of board; appeals. (a) Findings made by the board are deemed
conclusive, unless within 30 days after notice of the decision of the board has been given
an aggrieved party, the aggrieved person shall appeal the finding or ruling to the circuit
court of the county of his or her residence or to the Circuit Court of Lauderdale County.
In the event of such appeal, the circuit court shall hear the same de novo. The appeal shall
be taken by the filing with the board of a letter stating the aggrieved person's desire to
appeal the findings, and the letter shall specify whether the appeal is taken to the circuit
court of the county of his or her residence or to the Circuit Court of Lauderdale County.
The aggrieved person shall have a right to demand trial by jury by demanding same at the time
of the filing with the board of the notice of appeal. The action of the board shall be stayed
pending appeal. The circuit court shall have the right to affirm, reverse, or...
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