45-30A-50.18
Section 45-30A-50.18 Appeal to the court. Decisions of the board may be enforced in the court by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority, or the city may, within 10 days after the decision of the board is rendered, appeal to the court from any decisions 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 transcript 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-30A-50.18.htm - 1K - Match Info - Similar pages
34-27-38
Section 34-27-38 Disciplinary action - Appeals. (a) Findings of the commission are final unless within 30 days after the date of the commission's final order, the applicant or accused files a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit court of the county of registration or the county in which the corporation has its principal place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with the clerk of the circuit court. The circuit clerk shall notify the commission 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 commission may be stayed by the court pending such appeal. (c) The commission shall within 30 days of service of the notice of appeal, or within such additional time as the court may allow, file the record in the case with the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-38.htm - 2K - Match Info - Similar pages
25-4-95
Section 25-4-95 Appeals from final decisions of board of appeals or appeals tribunal. Within 30 days after the decision of the board of appeals has become final, any party to the proceeding including the secretary who claims to be aggrieved by the decision may secure a judicial review thereof by filing a notice of appeal in the circuit court of the county of the residence of the claimant; except, that if the claimant does not reside in this state at the time the appeal is taken, the notice of appeal shall be filed in the circuit court of the county in this state in which the claimant last resided, or in the circuit court of the county in this state wherein the claimant last worked. In such action, the notice of appeal need not be verified, but shall state the grounds upon which a review is sought. A copy shall be served upon the secretary or upon such person as the secretary may designate (and for the purpose hereof, mailing a copy addressed to the secretary at Montgomery by registered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-95.htm - 3K - Match Info - Similar pages
15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital felony offense commenced by complaint, the defendant may give written notice three days after his or her arrest to a judge of the district or circuit court of the county having jurisdiction of the offense charged that the defendant desires to plead guilty as charged or as a youthful offender upon the granting of youthful offender status. (b) Upon receipt of the written notice from the defendant stating his or her desire to plead guilty, the court shall direct the district attorney to prefer and file an information against the defendant. The information shall be made under oath of the district attorney or a witness, and shall accuse the defendant with the same specificity as required in an indictment of the offense or offenses for which the defendant is charged. This section shall not be construed to preclude the district attorney from amending or dismissing a pending charge against a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-20.1.htm - 3K - Match Info - Similar pages
34-25-35
Section 34-25-35 Refusal, suspension, reprimand, probation, or revocation - Judicial review. Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within 30 days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon 10-days' written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-25-35.htm - 1K - Match Info - Similar pages
25-2-13
Section 25-2-13 Board of appeals - Powers and duties generally; appeals from findings as to dangerous condition, etc., of machines, etc. (a) The functions and duties of the board of appeals shall be as follows: (1) To hear and determine appeals under Chapter 4 of this title. (2) To hold public hearings on proposed safety rules and regulations and amendments and repeals thereof, and to promulgate and publish such rules and regulations and amendments and repeals as provided in this chapter. (3) To hear and determine appeals from the finding of any officers or employees of the Department of Labor that any machine, tool, equipment or structure is in a dangerous condition or is not properly guarded or is dangerously placed, when the discontinuance of the use thereof has been ordered. (b) When such appeal is taken by a person affected by such order, no appeal shall be taken from such determination of the board of appeals, except on questions of law or on the ground that the determination is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-2-13.htm - 4K - Match Info - Similar pages
34-2-36
Section 34-2-36 Penalties; hearing; enforcement; appeal. (a) On or after April 28, 1999, any person who knowingly, willfully, or intentionally violates any provision of this chapter shall be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and separate offense. (b) When it appears to the board that any person is violating any of the provisions of this chapter, the board may in its own name bring an action in the circuit court for an injunction, and the court may enjoin any person from violating this chapter regardless of whether the proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted. (c) In addition to any other provisions of law, the board may enter an order assessing a civil penalty against any nonregistered person, corporation, or other entity found guilty by the board of, but not limited to, the following violations of this chapter: (1) Engaging in the practice or offer to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-2-36.htm - 4K - Match Info - Similar pages
45-24A-32.05
Section 45-24A-32.05 Jurisdiction of court; adjudicative hearing; liability; evidence and procedure. (a) The municipal court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this part, and to issue orders imposing the civil penalties and costs set out in this part. (b) A person who receives a notice of violation may contest the imposition of the civil penalty by submitting a request for a hearing on the adjudication of the civil violation, in writing, within 15 days of the 10th day after the date the notice of violation is mailed. Upon receipt of a timely request, the city shall notify the person of the date and time of the adjudicative hearing. (c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation. (d) The civil penalty and court costs shall not be assessed if, after a hearing, the municipal court judge...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-24A-32.05.htm - 6K - Match Info - Similar pages
34-30-5
Section 34-30-5 Disciplinary proceedings - Procedure. The following procedure will apply to revocation and suspension hearings and to judicial review of these hearings: (1) Hearings are to be conducted by a five-person panel of the Board of Social Work Examiners with recommended decisions to be by majority vote of the panel. (2) Reasonable notice (20 days' minimum) of charges to be served personally or by registered mail. (3) Stenographic record of proceedings. (4) A person licensed under this chapter whose license is subject to suspension or revocation is entitled to: a. The presence of counsel at the hearing at his expense; b. The right to cross-examination of witnesses; c. The right to call witnesses on his or her own behalf; and d. The right to subpoena witnesses and documents. (5) Any person affected by the action of the board in refusing his or her application or suspending or revoking his or her license, or any other action of the board, may appeal the action of the board by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-30-5.htm - 2K - Match Info - Similar pages
45-49-261.08
Section 45-49-261.08 Appeals to board of adjustment. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer or department of Mobile County affected by any decision of any administrative officer representing the county in an official capacity in the enforcement of this part or of any ordinance or regulation adopted pursuant to this part. Notwithstanding any provision herein, the board of adjustment shall have no jurisdiction to review any decision already determined by the Mobile County Commission. The appeal shall be taken within 30 days of the decision by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit forthwith to the board of adjustment all papers constituting the record upon which the action was taken. An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-261.08.htm - 2K - Match Info - Similar pages
|