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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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16-22A-32
Section 16-22A-32 Collection of fingerprints; submission of materials. (a) Each local employing
board and other public educational entity required to obtain criminal history background information
checks of current public certified employees and current public noncertified employees pursuant
to this article shall cooperate with the State Department of Education in obtaining two complete
acceptable sets of fingerprints and written consent from each current employee who has or
seeks to have unsupervised access to a child or children. (b)(1) Each local employing board
and other public educational entity shall, upon request, submit the following items to the
State Department of Education for each current public certified employee and current public
noncertified employee: a. Two functional acceptable fingerprint cards, bearing the fingerprints
of the individual, properly executed by an individual properly trained in fingerprinting techniques.
b. Written consent authorizing the release of...
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22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The SHPDA,
pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations
the procedures for review of applications for certificates of need and for issuance of certificates
of need. Rules and regulations governing review procedures shall include, but not necessarily
be limited to, the following: (1) Agreement with other review agencies for review procedures
consistent with this article and federal regulations. (2) Application procedures and forms
of the application necessary to elicit and provide all necessary information as required by
the review criteria. (3) Establishment of a project review period of 90 days from the date
the state agency determines that the application is complete and notification thereof is made
to the applicant. The rules and regulations may provide for a period of not more than 15 days
for determination of the completeness of the application,...
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22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. 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 Environmental Management
Commission or its designee, to compel obedience by contempt...
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22-6-163
Section 22-6-163 Legislative findings; rules; collaboration; approval of agreements and contracts;
state action immunity; confidentiality of records; additional duties. (a) The Legislature
declares that collaboration among public payers, private health carriers, third party purchasers,
and providers to identify appropriate service delivery systems and reimbursement methods in
order to align incentives in support of integrated and coordinated health care delivery is
in the best interest of the public. Collaboration pursuant to this article is to provide quality
health care at the lowest possible cost to Alabama citizens who are Medicaid eligible. The
Legislature, therefore, declares that this health care delivery system affirmatively contemplates
the foreseeable displacement of competition, such that any anti-competitive effect may be
attributed to the state's policy to displace competition in the delivery of a coordinated
system of health care for the public benefit. In furtherance of...
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34-21-128
Section 34-21-128 Oversight, dispute resolution, enforcement,etc. (a) Oversight. (1) Each party
state shall enforce this compact and take any action necessary and appropriate to effectuate
the purposes and intent of this compact. (2) The commission shall receive service of process
in any proceeding that may affect the powers, responsibilities, or actions of the commission,
and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
service of process in a proceeding to the commission shall render the judgment or order void
as to the commission, this compact, or promulgated rules. (b) Default, technical assistance,
and termination. (1) If the commission determines that a party state has defaulted in the
performance of its obligations or responsibilities under this compact or the adopted rules,
the commission shall do all of the following: a. Provide written notice to the defaulting
state and other party states of the nature of the default, the proposed...
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36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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40-7-58
Section 40-7-58 Design and operation of system; advisory committee. (a)(1) To ensure that local
taxing jurisdictions have meaningful input into the development and operation of OPPAL, a
state and local advisory committee is hereby established to review the design and operation
of the system and to make recommendations regarding the system requirements and functionality
to the Commissioner of Revenue. (2) The advisory committee shall consist of the following
individuals: a. Two local tax officials appointed by the Association of Alabama Tax Administrators.
b. Two local tax officials appointed by the Alabama Association of Assessing Officials. c.
One county commissioner appointed by the Association of County Commissioners of Alabama. d.
One probate judge who serves as chair of the county commission appointed by the Alabama Probate
Judges Association. e. One representative of the business community, appointed by the Business
Council of Alabama. f. One representative of the retail...
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45-4-120
Section 45-4-120 Countywide personnel system. (a) The County Commission of Bibb County may
establish and administer a countywide personnel system based on principles of human resource
management which shall include equity, fairness, and compliance with all applicable state
and federal laws. (b) As used in this section, the following words shall have the following
meanings: (1) APPOINTING AUTHORITY. All persons having the authority to hire, fire, and discipline
employees for their department. (2) CLASSIFIED EMPLOYEE. An individual who is assigned to
an on-going position, full or part-time, authorized by the county commission and whose salary
is paid with funds allocated by the county commission, regardless of the source of those funds,
and who is required initially to complete a probationary period. (3) COUNTY. Bibb County,
Alabama. (4) COUNTY COMMISSION. The governing body of Bibb County or any succeeding governing
system that may be established. (5) DISCIPLINARY ACTION. Suspension...
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