5-25-15
Section 5-25-15 Appeal. (a) Any interested party or intervener may appeal an order of
the department to the Circuit Court of Montgomery County or to the circuit court of the county
in which such party has its principal place of business in Alabama by filing notice of appeal
with the department and with the register or clerk of the circuit court within 30 days from
the date of said final order. The department's findings shall be prima facie correct, but
the circuit court may hear such appeal according to its own rules and procedures, including
the taking of additional testimony and staying the order. In the circuit court, the trial
shall be de novo. The court may, if it decides that the department has erred to the prejudice
of appellant's substantial rights in its application of the law or that the order was based
upon findings of fact contrary to the substantial weight of the evidence, remand the proceeding
to the department for further action in conformity with the direction of the...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings
and final decisions in contested cases. (a) A person who has exhausted all administrative
remedies available within the agency, other than rehearing, and who is aggrieved by a final
decision in a contested case is entitled to judicial review under this chapter. A preliminary,
procedural, or intermediate agency action or ruling is immediately reviewable if review of
the final agency decision would not provide an adequate remedy. (b) All proceedings for review
may be instituted by filing of notice of appeal or review and a cost bond with the agency
to cover the reasonable costs of preparing the transcript of the proceeding under review,
unless waived by the agency or the court on a showing of substantial hardship. A petition
shall be filed either in the Circuit Court of Montgomery County or in the circuit court of
the county in which the agency maintains its headquarters, or unless otherwise...
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45-17A-50.10
Section 45-17A-50.10 Finality of disciplinary action; record of hearing and determination;
procedures of hearings; review. (a) No disciplinary action taken against a regular status
employee, except a head of a department, that involves suspension without pay, demotion, dismissal,
or any other action as defined by the implementing rules and regulations shall become final
until the board holds a hearing on the action, if the employee appeals the action in writing
to the board within 10 calendar days of receipt of written notification of the action to be
taken by the mayor. Within 30 calendar days after receipt of the written appeal of the employee,
the board shall schedule and hold a public hearing on the appeal and render a decision. (b)
All hearings before the board shall be recorded and transcribed. In all cases, the decision
of the board shall be reduced to writing and entered in the record of the case. The board
may in its decision uphold the action by the mayor, modify the action,...
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45-5-120
Section 45-5-120 Merit system; board; violations. (a) This section shall apply
only in Blount County, Alabama. (b) As used in this section, unless the context clearly
requires a different meaning: (1) "County" means Blount County; (2) "Municipality"
means any municipality in Blount County; (3) "Employee" means any person, including
law enforcement officers, not excepted by subsection (c), who is employed in the service of
Blount County or any municipality of Blount County or any board, agency, or instrumentality
thereof; (4) "Merit employee" means any such employee who shall have completed one
year of probationary employment; (5) "Board" means the merit system board created
by this section; (6) "Appointment authority" means in the case of employees
in the offices of the elected officials of the county or of a municipality, such elected officials,
and means, in the case of all other county or municipal employees, the county or municipal
governing body, or the board or other agency...
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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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45-17A-82.09
Section 45-17A-82.09 Disciplinary action. (a) The mayor or the head of the department
may discipline any employee pursuant to this part and the rules and regulations adopted by
the city council to implement this part. If a disciplinary action involves suspension without
pay, demotion, or dismissal, the mayor shall submit a written notice of the proposed action
to the board for regular status employees and to the city council for department heads and
to the employee giving the reason or reasons for the proposed action. The notice shall state
the reasons for the proposed disciplinary action of suspension without pay, demotion, or dismissal,
shall contain a short and plain statement of the facts showing the reasons for the proposed
disciplinary action, and shall inform the regular status employee that he or she has 10 days
to request, in writing, a pre-disciplinary hearing before the mayor. If the regular status
employee fails to request a pre-disciplinary hearing within 10 days from...
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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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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by
Attorney General in legal actions. In addition to any other powers and functions which may
be conferred upon it by law, the department is authorized beginning October 1, 1982 to: (1)
Administer appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting,
regulatory and enforcement functions; administer and enforce the provisions and execute the
functions of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of
this title; Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this
title; Sections 22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections
22-36-1 through 22-36-10. (2) Acting through the Environmental Management Commission, promulgate
rules, regulations, and standards in order to carry out the provisions and intent of this
chapter; provided, however, that prior to the promulgation of any state primary or...
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5-19-26
Section 5-19-26 Appeals to circuit court from order of administrator; appeals from decision
of circuit court. (a) Any interested party or intervener may appeal an order of the administrator
to the Circuit Court of Montgomery County or to the circuit court of the county in which such
party has its principal place of business in Alabama by filing notice of appeal with the administrator
and with the register or clerk of the circuit court within 30 days from the date of said final
order. The administrator's findings shall be prima facie correct, but the circuit court may
hear such appeal according to its own rules and procedure, including the taking of additional
testimony and staying the order. In the circuit court, the trial shall be de novo. The court
may, if it decides that the Administrator has erred to the prejudice of appellant's substantial
rights in its application of the law or that the order was based upon findings of fact contrary
to the substantial weight of the evidence,...
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