Code of Alabama

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34-12-35
Section 34-12-35 Powers generally. The board shall have the power to make all bylaws and rules,
not inconsistent with the constitution and laws of this state, which may be reasonably necessary
for the proper performance of its duties and the regulations of the proceedings before the
board. Notwithstanding any other provision of law, following appropriate review by the Contract
Review Permanent Legislative Oversight Committee, the board may enter into any contract or
agreement relating to the board without further approval. The board shall adopt and have an
official seal. In carrying into effect the provisions of this chapter, the board may, under
the hand of its chairman and the seal of the board, subpoena witnesses and compel their attendance
and may also require them to produce books, papers, maps, or documents. Any member of the
board may administer oaths of affirmation to witnesses appearing before the board. Witnesses
officially called by the board shall receive the same...
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34-3-82
Section 34-3-82 Power of subpoena. In the investigation of charges of professional misconduct,
the board and any committee appointed by it for this purpose shall have power to summon and
examine witnesses under oath and compel their attendance and the production of books, papers,
documents, and other writings necessary or material to the inquiry. Such summons or subpoena
shall be issued under the hand of the secretary of the board or the chairman of any duly constituted
subcommittee of the board and shall have the force of a subpoena issued by a court of competent
jurisdiction, and any witness or other person who shall refuse or neglect to appear in obedience
thereto or who shall refuse to be sworn or testify or produce books, papers, documents, or
other writings demanded shall be liable to attachment upon application to the Supreme Court
of the state or to any judge of any court of record for the district where the investigation
is conducted as in cases of contempt. (Acts 1923, No....
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45-28-234.13
Section 45-28-234.13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The board shall
have the power to administer oaths, take depositions, certify official acts, and issue subpoenas
to compel the attendance of witnesses and production of papers necessary as evidence in connection
with any hearing, investigation, or proceeding within the purview of this part. The sheriff,
or some other person so designated by the sheriff, shall serve all processes of the board,
and shall attend and preserve order at all public hearings conducted by the board. If a person
refuses to obey a subpoena from the board, the board or its authorized representative, may
ask the Circuit Court of Etowah County to order the evidence to be produced. Upon proper showing,
the circuit court may order compliance with the subpoena. Failure to comply with such an order
may constitute contempt of court. The fees of witnesses...
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34-9-46
Section 34-9-46 Subpoenas and testimony. In all matters pending before it, the board shall
have the power to issue subpoenas and compel the attendance of witnesses and the production
of all necessary papers, books, and records, documentary evidence and materials or other evidence.
Any person failing or refusing to appear or testify regarding any matter about which he or
she may be lawfully questioned or to produce any papers, books, records, documentary evidence,
or materials or other evidence in the matter to be heard, after having been required by order
of the board or by a subpoena of the board to do so, may, upon application by the board to
any circuit judge of the State of Alabama, be ordered to comply therewith; and, upon failure
to comply with the order of the circuit judge, the court may compel obedience by attachment
as for contempt as in case of disobedience of a similar order or subpoena issued by the court.
The president, in a writing filed with the board, may designate and...
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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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25-2-23
Section 25-2-23 Powers of secretary, officers of department and board of appeals as to witnesses.
The Secretary of Labor, any officer of the Department of Labor designated by the secretary
and the members of the board of appeals, in the performance of any function or duty or the
execution of any power prescribed by law, shall have the power to administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, compel
the attendance of witnesses and the production of papers, books, accounts, payrolls, documents,
records and testimony. 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 Secretary of Labor or any
officer of the Department of Labor designated by the...
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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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9-16-78
Section 9-16-78 Hearing officer; powers; witness fees. (a) No hearing officer shall participate
in a hearing if he or she has an interest therein. At any such hearing all testimony shall
be given under oath and be recorded, but need not be transcribed unless an appeal is made.
(b) The manner in which hearings before hearing officers shall be presented and the conduct
of hearings and appeals before hearing officers shall be in accordance with regulations prescribed
by the regulatory authority. (c) In the discharge of his or her duties under this article,
any hearing officer shall have power to administer oaths, certify to official acts, take and
cause to be taken depositions of witnesses, issue and serve subpoenas, compel the attendance
of witnesses and the production of papers, books, accounts, payrolls, documents, records,
and testimony, provide for site inspections or inspections of other operations. In the event
of failure of any person to comply with any subpoena lawfully issued,...
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41-4-36
Section 41-4-36 Inspection and production of books, records, accounts, etc.; examination of
witnesses. The Director of Finance and any authorized officer or employee of the Department
of Finance shall, in the performance of his official duties, for the purpose of examination,
have access to, and the right to copy from, any book, record, account, document, receipt or
paper of any of the departments, boards, bureaus, commissions, agencies, offices or institutions
of the state or of any of the counties, municipal corporations, political subdivisions or
public bodies in the state or of the officers or employees thereof, in such manner as may
be reasonable and at reasonable times. The Director of Finance or any officer or employee
of the Department of Finance designated by the director, in the performance of his official
duties, shall have the power to administer oaths, certify to official acts, take and cause
to be taken depositions of witnesses, issue subpoenas, compel the attendance of...
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34-37-12
Section 34-37-12 Revocation of certificates. The board may revoke or suspend any certificate
or registration if obtained through concealment, misstatement, or misrepresentation of any
material fact in the application for such certificate. The board may discipline any person
as defined in Section 34-37-1 for a violation of any law or ordinance pertaining to the business
of the holder and may impose fines, administrative fees, or penalties not to exceed two thousand
dollars $2,000 for each violation. The board may also order restitution. Before a certificate
or registration may be suspended or revoked, the holder thereof shall have notice in writing,
enumerating the charges against him or her, and be entitled to a hearing by the board not
sooner than five days from receipt of notice. The holder of such certificate or registration
shall be given an opportunity to present testimony, oral or written, and right of cross-examination
and representation by counsel. All testimony shall be given...
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