34-24-173
Section 34-24-173 Rules of evidence in contested cases. In contested cases: (1) The rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The board shall give effect to the rules of privilege recognized by law. Except as hereinafter provided, objections to evidentiary offers may be made and shall be noted in the record. Whenever any evidence is excluded as inadmissible, all such evidence existing in written form shall remain a part of the record as an offer of proof. The party seeking the admission of oral testimony may make an offer of proof by means of a brief statement on the record describing the testimony excluded. All rulings on the admissibility of evidence shall be final and shall appear...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-24-173.htm - 3K - Match Info - Similar pages
34-43-15
Section 34-43-15 Complaints; grounds for suspension; revocation, etc., of license; penalties; rulemaking authority. (a) Any person may file with the board a written and signed complaint regarding an allegation of impropriety by a licensee, establishment, or person. Complaints shall be made in the manner prescribed by the board. Complaints received by the board shall be referred to a standing investigative committee consisting of a board member, the Executive Director, the board attorney, and the board investigator. If no probable cause is found, the investigative committee may dismiss the charges and prepare a statement, in writing, of the reasons for the decision. (b) If probable cause is found, the board shall initiate an administrative proceeding. Upon a finding that the licensee has committed any of the following instances of misconduct, the board may suspend, revoke, or refuse to issue or renew a license or impose a civil penalty after notice and opportunity for a hearing pursuant...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-43-15.htm - 5K - Match Info - Similar pages
12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a) The Administrative Director of Courts may authorize one or more referee positions in any judicial circuit on either a full-time or a part-time basis upon submission of a written request by the presiding circuit court judge and upon consideration of funding and the number of child support cases in the domestic relations division of the circuit court, including cases brought pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts approves the request, the presiding judge of the circuit court may appoint an attorney the judge believes to be qualified to fill the position, subject to the approval of the Administrative Director of Courts. The amount to be paid the referee and the manner of payment shall be determined by the Administrative Director of Courts. (b) The presiding judge of the circuit court may direct that the referee hear child support cases in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-330.htm - 7K - Match Info - Similar pages
12-21-111
Section 12-21-111 Verified itemized statement as evidence of account's correctness. In all actions upon accounts, an itemized statement of the account, verified by the affidavit of a competent witness, taken before and certified by, a notary public or any officer having authority under the laws of this or another state to take and certify affidavits, is competent evidence of the correctness of the account if the plaintiff, at the time of bringing his action, files with his complaint such verified itemized statement and endorses on the complaint the fact that the account is verified by affidavit. Unless the defendant, within the time allowed him for pleading, files in the case an affidavit denying on information and belief the correctness of the account, which affidavit of the defendant shall state whether or not the defendant denies liability and whether or not he disputes the whole account or only a part or parts or an item or items thereof (if defendant disputes only a part or parts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-111.htm - 2K - Match Info - Similar pages
45-11-172.02
Section 45-11-172.02 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE MARCH 15, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) An animal control officer or law enforcement officer of the county shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of the county. (b) If a dog, which is unowned and has been reported to be dangerous, bites a person, the dog may be quarantined and destroyed pursuant to Section 3-7A-9(b). For purposes of this subsection, "bites" means the same as "has been exposed" as defined in Section 3-7A-1(5). (c) If there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. The county may impound...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-11-172.02.htm - 3K - Match Info - Similar pages
34-14C-6
Section 34-14C-6 Denial, suspension, or revocation of license; hearing; notice, penalties; appeal. (a) The board may deny, suspend, or revoke a license as provided in this section. (b) A license may not be denied, suspended, or revoked except by majority vote of the board and with prior notice and opportunity for hearing in accordance with this chapter and the Alabama Administrative Procedure Act. (c) The board may institute a hearing for denial, suspension, or revocation of a license or any person may file a written complaint with the board seeking the denial, suspension, or revocation of an application for licensure or license issued by the board or the investigation of any unlicensed person or entity providing home medical equipment services. The complaint shall be in a form prescribed by the board. (d) A copy of the charges, including notice of the time and place of hearing, shall be served by certified mail, return receipt requested, at least 21 days before the scheduled hearing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14C-6.htm - 8K - Match Info - Similar pages
11-65-22
Section 11-65-22 Acquisition of interest in horse racing facility licensee or operator. (a) A disqualified person may not acquire or hold an interest in a horse racing facility licensee or an operator. A commission may require that a disqualified person dispose of its interest in a horse racing facility licensee or an operator within a reasonable period of time provided that (i) the commission shall determine at a hearing that the owner of such interest is a disqualified person and (ii) the person who is alleged to be a disqualified person shall receive notice of and an opportunity to be heard at such hearing. Any person aggrieved by an action of a commission pursuant to this section may appeal to the circuit court of the host county pursuant to Section 11-65-12. (b) Any person desiring to acquire stock in, a partnership or other ownership interest in, or to become an owner or member of, any entity which holds a horse racing facility license or an operator's license hereunder who,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-65-22.htm - 7K - Match Info - Similar pages
12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings of cases by juvenile court referees; transmission of findings and recommendations for disposition of juvenile court referees to juvenile court judges; provision of notice and written copies of findings and recommendations of juvenile court referees to parties; rehearing of cases by juvenile court judges; when findings and recommendations of juvenile court referees become decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of Courts may authorize one or more referee positions in any judicial circuit on either a full-time or a part-time basis upon submission of a written request by the presiding juvenile court judge and upon consideration of funding and the juvenile and child-support caseload in the circuit. Once the Administrative Director of Courts approves the request, the presiding judge of the juvenile court may appoint an attorney the judge believes to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-106.htm - 7K - Match Info - Similar pages
32-5-222
Section 32-5-222 Requirements for child passenger restraints. (a) Every person transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall provide for the protection of the child by properly using an aftermarket or integrated child passenger restraint system meeting applicable federal motor vehicle safety standards and the requirements of subsection (b). This section shall not be interpreted to release in part or in whole the responsibility of an automobile manufacturer to insure the safety of children to a level at least equivalent to existing federal safety standards for adults. In no event shall failure to wear a child passenger restraint system be considered as contributory negligence. The term "motor vehicle" as used in this section shall include a passenger car, pickup truck, van (seating capacity of 10 or less), minivan, or sports utility vehicle. (b) The size appropriate restraint system required for a child in subsection (a) must...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5-222.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-14A-8.htm - 4K - Match Info - Similar pages
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