6-5-642
Section 6-5-642 Appeal of certification order. A court's order certifying a class or refusing
to certify a class action shall be appealable in the same manner as a final order to the appellate
court which would otherwise have jurisdiction over the appeal from a final order in the action.
Such appeal may only be filed within 42 days of the order certifying or refusing to certify
the class. The filing of such appeal, the failure to file an appeal, or the affirmance of
the certification or denial order shall in no way affect the right of any party, after the
entry of final judgement, to appeal the earlier certification of, or refusal to certify, the
class. If the appeal is not the first appeal taken by the party, the subsequent appeal shall
be based upon the record at the time of final judgment and shall be considered by the court
only to the extent that either the facts or controlling law relevant to certification have
changed from that which existed or controlled at the time 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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37-4-63
Section 37-4-63 Forced sales - Appeals to circuit court. Any party shall have the right to
appeal from the order of the commission, such appeal to be governed by existing provisions
of law relating to appeals from final orders of the commission; except, that such appeal shall
be taken to the circuit court of the judicial circuit containing the greater portion, by value,
of the property to be acquired, and such appeal shall be taken within 10 days from the filing
of the order of the commission. The order of the commission shall specify the judicial circuit
in which the greater portion of the property, by value, is located, and such specification
shall be conclusive for fixing the venue of an appeal. On any such appeal, if the court shall
determine that any condition imposed by the order of the commission is unreasonable or that
the commission has erred in determining the just compensation to be paid, the court shall
proceed to enter the judgment the commission should have entered. Any...
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11-50-269
Section 11-50-269 Appeal from order of commission. Any party shall have the right to appeal
from the order of the Public Service Commission, such appeal to be governed by existing provisions
of law relating to appeals from final orders of the commission; except, that such appeal shall
be taken to the circuit court of the judicial circuit containing the greater portion by value
of the property to be acquired, and such appeal shall be taken within 10 days from the filing
of the order of the commission. The order of the commission shall specify the judicial circuit
in which the greater portion of the property by value is located, and such specification shall
be conclusive for fixing the venue of an appeal. On any such appeal, if the court shall determine
that any condition imposed by the order of the commission is unreasonable or that the commission
has erred in determining the just compensation to be paid, the court shall proceed to enter
the judgment the commission should have entered....
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12-24-3
Section 12-24-3 Recusal of a justice or judge due to campaign contribution; rebuttable presumption;
appeal. (a) In any civil action, on motion of a party or on its own motion, a justice or judge
shall recuse himself or herself from hearing a case if, as a result of a substantial campaign
contribution or electioneering communication made to or on behalf of the justice or judge
in the immediately preceding election by a party who has a case pending before that justice
or judge, either of the following circumstances exist: (1) A reasonable person would perceive
that the justice or judge's ability to carry out his or her judicial responsibilities with
impartiality is impaired. (2) There is a serious, objective probability of actual bias by
the justice or judge due to his or her acceptance of the campaign contribution. (b) A rebuttable
presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution
made directly by a party to the judge or justice...
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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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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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6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified
or recognized by any court of the State of Alabama unless there shall have been compliance
with the procedures for certification of the class set forth in this article. (b) As soon
as practicable after the commencement of an action in which claims or defenses are purported
to be asserted on behalf of or against a class, or as soon as practicable after such assertions
in an amended pleading, but in no event prior to the time allowed by law for each party (including,
but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer
or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim,
the court shall hold a conference among all named parties to the action for the purpose of
establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P.
16, for any discovery in which the parties may wish to engage...
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22-6-233
Section 22-6-233 Legislative findings; certification of collaborators; powers of Medicaid Agency;
state action immunity. (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 this goal, the Legislature declares its intent...
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