Code of Alabama

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11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days after
receipt of written charges or a written appeal of an employee from a decision after predisciplinary
hearing, the board shall schedule and hold a public hearing in regard thereto and render a
decision. The board shall provide notice of the hearing to the mayor, the employee's department
head, and the city attorney. At the hearing, the employee shall be entitled to be represented
by an attorney of his or her choosing and expense. (b) If the regular status employee appeals,
no disciplinary action taken against the employee shall become final until the board holds
a hearing on the action. Provided however, suspensions with or without pay in regard to seeking
an employee's termination shall remain in effect until a final ruling by the board unless
otherwise ordered by the board. (c) All hearings before the board shall be recorded and transcribed.
In all cases, the decision of the board shall be...
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45-8A-71.11
Section 45-8A-71.11 Civil service board - Vacancies in positions; appointment from eligible
register. Whenever a vacancy exists in any position in the service of the city, it shall be
filled by appointment of a person on the appropriate eligible register of the board. The vacancy
may be filled from the eligible qualified applicants which are on the appropriate register,
or by transfer within the service of the city from another position of essentially the same
class. However, the ranking layoff of the same class shall be appointed in every instance.
The appointing authority may reject any eligible list and the list shall be abolished. The
governing body may fill a vacancy temporarily pending the establishment of an eligible register.
No authorization may be given for longer than 120 calendar days, and no employee shall have
status under this part. All appointments, other than temporary appointments, shall be probationary
for 12 months from the date of the appointment. A probationary...
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45-8A-130.13
Section 45-8A-130.13 Removal, discharge, or demotion of employee, officer, or city official;
proceedings. (a) The governing body of the city, any member of the governing body, or the
head of any department or office can remove, discharge, or demote any employee, officer, or
official of the city who is subject to this part and who is directly under such governing
body, member thereof, or department head, provided that within five days a report in writing
of such action is made to the board, giving the reason for such removal, discharge, or demotion.
The employee shall have 10 days from the time of notification of his or her discharge, removal,
or demotion in which to appeal to the board. The board shall thereupon order the charges or
complaint to be filed forthwith in writing and shall hold a hearing de novo on such charges.
No permanent employee, officer, or official of the city whose employment comes within the
jurisdiction of this part, and whose probationary period has been served,...
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45-37A-51.120
Section 45-37A-51.120 Definitions. (a) The following words, terms, and phrases, wherever used
in this subpart, including this section, shall have the meanings respectively ascribed to
them in this section, unless the context plainly indicates otherwise or that a more restricted
or extended meaning is intended: (1) ANNIVERSARY DATE. The date of establishment and the month
and day thereof annually thereafter. (2) APPOINTED EMPLOYEE. A person who holds his or her
office or position by reason of being appointed by the mayor or city council or other appointing
authority of the city; who is not a classified service employee; and who serves solely at
the pleasure of the respective appointing authority. (3) BASIC MONTHLY EARNINGS and MONTHLY
SALARY. Basic monthly compensation, exclusive of overtime or other forms of extra compensation
but including longevity pay, which shall be regarded as having been received in equal monthly
installments during each of the months prior to the accrual date...
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45-8A-22.11
Section 45-8A-22.11 Vacancies filled from eligible register. Whenever a vacancy exists in the
police or fire department, it shall be filled by appointment of one of the five persons who
rank highest on the appropriate eligible register of the board or by transfer within the service
of the city from another position of the same class. Whenever a vacancy exists in the police
or fire department that requires a promotion from within the police or fire department, it
shall be filled by appointment of one of the three persons who rank highest on the appropriate
eligible promotion register of the board. The ranking layoff of the same class shall be appointed
in every instance. When the eligible list submitted by the board to the appointing authority
contains less than five persons, the appointing authority may appoint from the list, but shall
not be required to appoint from the list. In the event the appointing authority declines to
appoint from an eligible list containing less than five...
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45-29-120.13
Section 45-29-120.13 Removal, discharge, or demotion of merit employee; hearing; appeals. (a)(1)
The governing body of the county, or the head of any department or office, may remove, discharge,
or demote any merit employee who is directly under such governing body, or department head,
provided that within five days a report in writing of such action is made to the board, giving
the reason for such removal, discharge, or demotion. The employee shall have 10 days from
the time of his or her notification of his or her removal, discharge, or demotion in which
to appeal to the board. If such appeal is filed, the board shall thereupon order the charges
or complaint to be filed forthwith in writing, if not already filed, and shall hold a hearing
de novo on such charges. No merit employee 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...
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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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45-3-120.08
Section 45-3-120.08 Personnel board - Procedure for appeals. (a) The personnel board shall
hear all appeals from final personnel action as requested by an affected and eligible employee.
Eligible employees shall include regular status classified employees and may include other
employees as authorized by the county commission so long as the inclusion does not violate
the intent of this article. The board shall hear the appeals in accordance with guidelines
written by the board, with the advice of the Barbour County Commission. Final personnel action
shall include administrative action, action based on the rules, policies, and procedures of
the county, and disciplinary action. All appeals shall be made in good faith and timely filed.
Willfully filing an appeal based on false facts or solely for the purpose of harassment may
be grounds for disciplinary action. (b) Hearings before the personnel board shall not be evidentiary
hearings, or follow the formalities of a court of law, or require...
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34-2-34
Section 34-2-34 Refusal, revocation, or suspension of certificate; grounds; hearing; appeal.
The board shall have the following disciplinary powers: (1) To issue reprimands to any licensee
who violates any provision of this chapter or the rules and regulations of the board. (2)
To levy administrative fines for serious violations of this chapter or the rules and regulations
of the board of not more than $5,000 for each day the violation continues, but in no event
shall an administrative fine exceed $25,000 total per violation. (3) To refuse to issue a
certificate, to suspend a certificate for a definite period, or to revoke the certificate
of registration of an architect who is found guilty of: a. Any fraud or deceit in obtaining
a certificate of registration as determined by the board at a hearing; b. Gross negligence,
incompetence, or misconduct in the practice of architecture as determined by the board at
a hearing; c. A felony or misdemeanor involving moral turpitude by a court of...
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34-25A-6
Section 34-25A-6 Disciplinary actions. (a) The board may invoke disciplinary action as outlined
in subsection (b) whenever it establishes to the satisfaction of the board, after a hearing
as provided in Sections 41-22-1 through 41-22-17, the Alabama Administrative Procedure Act,
that any person or entity to whom a license, registration, accreditation, or renewal thereof
has been issued is guilty of any of the following: (1) Fraud, deceit, or misrepresentation
in obtaining any license, registration, accreditation, or renewal thereof or money or other
thing of value. (2) Gross immorality. (3) Being an habitual user of intoxicants or drugs rendering
the person unfit for the practice of prosthetics, orthotics, or pedorthics. (4) Conviction
of a felony or a misdemeanor involving moral turpitude. (5) Gross negligence in the practice
of prosthetics, orthotics, or pedorthics. (6) Employing, allowing, or permitting any unlicensed
person to perform any work in his or her office or facility...
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