11-44C-98
Section 11-44C-98 Board of adjustment. (a) In any Class 2 municipality, any law to the contrary notwithstanding, the number of members on a board of adjustment provided for in Section 11-52-80, whose members are appointed by the governing body of the Class 2 municipality shall be the same as the number of members of the governing body of the Class 2 municipality. (b) In exercising the powers in subsection (d) of Section 11-52-80, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from and may enter the appropriate order, requirement, decision, or determination and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of five members of the board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official or to decide in favor of the applicant on a matter upon which the board is required to pass under any ordinance or to effect any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-44C-98.htm - 1K - Match Info - Similar pages
16-6E-4
Section 16-6E-4 Intervention in local education operations and assumption of control by State Board of Education. The State Board of Education may intervene in the educational operations of a city or county board of education and thereby assume general and direct control over all decision making and operational functions of the city or county board of education under and subject to the following terms and conditions: (1) If the State Superintendent of Education determines that a majority of the schools in the system are priority schools, or the system is not in compliance with Chapter 13A of this title or the accreditation status of the system or a majority of the schools in the system has been placed on probation, or suspended, or revoked, or if any other formal disciplinary action has been ordered by the accrediting authority, the State Superintendent of Education shall issue a written notice to the local superintendent of education and the presiding officer of the city or county...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-6E-4.htm - 12K - Match Info - Similar pages
45-28A-42.74
Section 45-28A-42.74 Appeals from decisions of board. Within 10 days after any final decision of the board of trustees, any contributing member including the governing body of such city, feeling aggrieved at the decision of the board of trustees may appeal from any such decision to the circuit court of the county in which such city is located and such appeal shall be heard by a judge sitting without a jury. Upon the filing of any such appeal, notice thereof shall be served upon any member of the board of trustees by the appellant. Such appeal shall be heard by the court at the earliest possible date, and it shall not be necessary on any such appeal to enter exceptions to the rulings of the board of trustees and no bond shall be required for such an appeal and such an appeal shall be effected by filing a notice and request therefor by the appellant with the clerk of the court. An appeal may be taken from any decision of such court to the court of appeals or the supreme court as now...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28A-42.74.htm - 1K - Match Info - Similar pages
45-8A-22.126
Section 45-8A-22.126 Claims review procedure. Within 30 days after any final decision of the retirement board, any party, including the governing body of the City of Anniston, aggrieved at the decision of the retirement board may appeal from such decision to the Circuit Court of Calhoun County. Such appeal shall be de novo and shall be heard by a judge sitting without a jury. Upon the taking of such appeal, the appellant shall serve notice thereof upon the secretary-treasurer. Such appeal shall be heard by the circuit court at the earliest possible date. No bond shall be required for such an appeal. Such an appeal shall be perfected by the appellant filing a notice thereof with the clerk of the circuit court. An appeal may be taken from any decision of the circuit court to the Court of Civil Appeals in the manner provided by law or rule, or both, for taking appeals in other cases. (Act 2012-484, p. 1349, §27.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-22.126.htm - 1K - Match Info - Similar pages
11-52-80.1
Section 11-52-80.1 Board of Adjustment - Definitions; membership; reversing, affirming or modifying decisions, etc.; terms of planning commission members terminated; duties, powers, etc. (a) When used in this section, the words municipality, municipalities, and mayor shall have the meanings as provided for in Section 11-52-1. (b) The council of any Class 5 municipality with a city manager or mayor commission form of government may determine by ordinance that any board of adjustment of the municipality created pursuant to Section 11-52-80, shall consist of seven members: six regular members appointed by the council and representing as equally as possible the several districts, wards, or other areas of the municipality, to be determined by the council, and one regular member appointed by the mayor. (c) In exercising the powers in subsection (d) of Section 11-52-80, the board may reverse, affirm, or may modify the order, requirement, decision, or determination appealed from and may enter...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-52-80.1.htm - 2K - Match Info - Similar pages
45-2-261.12
Section 45-2-261.12 Powers of the board of adjustment. The board of adjustment shall have all of the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning regulations adopted pursuant to this subpart. (2) To hear and decide special exceptions to the terms of the zoning regulations adopted pursuant to this subpart. (3) To authorize upon appeal in specific cases the variance from the terms of the zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning regulations will result in unnecessary hardship and so that the spirit of the ordinance or regulations required shall be observed and substantial justice done. The foregoing provisions shall not authorize the board of adjustment to approve a use not permitted by the zoning regulations. In...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-261.12.htm - 2K - Match Info - Similar pages
9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this article shall be made as herein provided and in accordance with such general rules and regulations as the regulatory authority may prescribe. These procedures shall take precedence over the Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising under this article. (1)a. A determination by the regulatory authority as specified by law shall be made promptly and shall include a statement as to the action to be taken and reasons therefor. Notice of the determination or decision shall be promptly given to the parties involved by delivery or by mailing such notices to their last known addresses. When the regulatory authority gives a notice of determination, unless an appeal is filed by any person having an interest which may be adversely affected with the chief hearing officer within 30 days of such notice such determination shall be deemed final and not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-79.htm - 11K - Match Info - Similar pages
34-20-6
Section 34-20-6 Board of Examiners of Nursing Home Administrators - Review of decisions. Any party aggrieved by a final decision or order of the Board of Examiners of Nursing Home Administrators suspending, revoking, or refusing to issue a license is entitled to a review of such decision or order by taking an appeal to the circuit court of the county in which the nursing home administrator or applicant resides. In such cases, such appeal shall be taken by filing notice thereof with the register or clerk of the circuit court within 30 days of the date of notice by the board of its decision. Appeals from any order or judgment rendered thereon by the circuit court to the Supreme Court of Alabama shall be available as in other cases. (Acts 1969, No. 986, p. 1734, §15.)...
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45-35A-51.32
Section 45-35A-51.32 Court proceedings. Orders of the personnel board may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings, in any court of competent jurisdiction. Any person or city official directly interested, within five days, may appeal to the Circuit Court of Houston County from any order of the board by filing notice thereof with the board, whereupon the board shall certify to a transcript of the proceedings before it and file the same in the court. The findings of fact by the board, duly set forth in the transcript, if supported by substantial evidence adduced before the board, after notice to the interested party or parties and after affording such parties an opportunity to be heard, shall be conclusive on any appeal. The issues on such appeal shall be made up under the directions of the court and within 30 days after such transcript is filed in court; and the trial thereof shall proceed on the evidence contained in such transcript, if it...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-51.32.htm - 1K - Match Info - Similar pages
45-49-120.33
Section 45-49-120.33 Court proceedings. Orders of the personnel director and personnel board may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings in a court of competent jurisdiction. Any person directly interested, within 14 days, may appeal to the Circuit Court of Mobile County from any order of the board, by filing notice thereof with the board, whereupon the board shall certify to a transcript of the proceedings before it and file the same in court. Only findings of fact of the board contained in the transcript, if supported by substantial evidence adduced before the board or before its personnel director after hearing and upon notice to the interested party or parties, and after affording the parties an opportunity to be heard, shall be conclusive on appeal. The issues on appeal shall be made up under the direction of the court within 30 days after the transcript is filed therein, and the trial shall proceed on the evidence contained in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-120.33.htm - 1K - Match Info - Similar pages
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