45-8-120.15
Section 45-8-120.15 Written appeal of board action; hearing. A regular status classified service
employee shall have 30 calendar days from his or her receipt of written notification of any
disciplinary action taken against him or her that involves a dismissal, demotion, or suspension
without pay in which he or she may file a written appeal of the action with the board. If
the employee chooses to file an appeal with the board, the action against the employee shall
not become final until the board holds a hearing on the employee's appeal. Within a reasonable
time after receipt of the employee's appeal, the board shall schedule and hold a public hearing
de novo on the charges against the employee and render a decision. The hearing shall be held
in accordance with this article and guidelines as established by the board. Both the employee
and the appointing authority, or their designated representatives, shall be afforded an opportunity
to present information concerning the action. The...
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45-39-40.26
Section 45-39-40.26 Decisions of board; appeals. (a) Findings made by the board are deemed
conclusive, unless within 30 days after notice of the decision of the board has been given
an aggrieved party, the aggrieved person shall appeal the finding or ruling to the circuit
court of the county of his or her residence or to the Circuit Court of Lauderdale County.
In the event of such appeal, the circuit court shall hear the same de novo. The appeal shall
be taken by the filing with the board of a letter stating the aggrieved person's desire to
appeal the findings, and the letter shall specify whether the appeal is taken to the circuit
court of the county of his or her residence or to the Circuit Court of Lauderdale County.
The aggrieved person shall have a right to demand trial by jury by demanding same at the time
of the filing with the board of the notice of appeal. The action of the board shall be stayed
pending appeal. The circuit court shall have the right to affirm, reverse, or...
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34-29-83
Section 34-29-83 Appeal of disciplinary action; stay of revocation. A person disciplined pursuant
to this article may appeal to the Circuit Court of Montgomery County, notwithstanding the
provisions of the Administrative Procedure Act. To do so, he or she shall file a petition
in the circuit court within 30 days after notification of the decision of the board. The board
has 15 days to enter an appearance and to file the record of the administrative proceedings.
The court may affirm or set aside the decision of the board by judicial review. The license
shall not be revoked pending appeal except in extraordinary circumstances as determined by
the board, and approved by the circuit court in which the appeal is pending. (Acts 1986, No.
86-500, p. 956, §24; Acts 1997, No. 97-249, p. 431, §1.)...
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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...
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34-17A-17
Section 34-17A-17 Judicial review. (a) A person who has exhausted all administrative remedies
available within the board and who is aggrieved by a final decision of the board is entitled
to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately
reviewable only if review of the final board action would not provide an adequate remedy.
(b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery
County within 30 days after service of the final decision of the board. Copies of the petition
for review shall be served upon the board and the parties of record. (c) The filing of the
petition does not stay enforcement of the decision of the board. The board may grant, or the
reviewing court may order, a stay upon appropriate terms. (d) The review shall be conducted
by the court without a jury and shall be confined to the record. (e) The court shall not substitute
its judgment for that of the board as to the weight...
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34-21A-24
Section 34-21A-24 Appeal procedure. After revocation or suspension of license, the licensee
may, within 10 days of notice of the board's order and finding, file with the board a written
notice of his or her intent to appeal the order of the board. Appeals from orders of the board
shall be filed with the Circuit Court of Montgomery County, Alabama, for a determination by
the court as to whether the decision of the board is supported by a preponderance of the evidence.
If the court finds that the decision of the board is supported by evidence, it shall affirm
the board's action. (Act 99-571, p. 1265, §24; Act 2010-258, p. 453, §1.)...
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4-6-11
Section 4-6-11 Appeals from action of administrative agency or governing body. (a) Any person
aggrieved by any decision of an administrative agency made in its administration of airport
zoning regulations adopted under this chapter or any governing body of a political subdivision
which is of the opinion that a decision of such an administrative agency is an improper application
of airport zoning regulations of concern to such governing body or board may appeal to the
circuit court of the county where such airport is located. (b) All appeals taken under this
section must be taken within 10 days by filing with the agency from which the appeal is taken
a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken
shall forthwith transmit to the court all the papers constituting the record upon which the
action appealed from was taken. (c) An appeal shall stay all proceedings in furtherance of
the action appealed from, unless the agency from which the appeal...
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45-35A-51.20
Section 45-35A-51.20 Discharges. (a) The appointing authority may discharge an employee in
the classified service, whenever he or she considers the good of the service and the welfare
of the city will be best served thereby, by making and filing in his or her office an order
to that effect together with the reasons assigned for the discharge, however, the power to
discharge shall not be capriciously or arbitrarily exercised in any case; a copy of such order
and the reasons assigned shall be served upon each the employee and the director before the
effective date thereof; and a copy served upon the director shall be filed and retained in
the office as a public record. The discharged employee, within 10 days after receipt of the
discharge notice, may appeal the action of the appointing authority to the board, by filing
a written answer to the chair with a demand for a hearing. It shall be the duty of the board
to fix a time and place for hearing on the appeal, and to give notice thereof...
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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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45-49-120.22
Section 45-49-120.22 Suspensions. (a) An appointing authority may suspend a regular employee
whenever he or she considers the good of the service will be served thereby, for reasons stated
in writing, served on the affected employee, and a copy furnished to the director, which action
shall become public record. However, no employee may be suspended by the appointing authority
for a period or periods in the aggregate of more than 30 days in any year of service. The
suspended employee, within 10 days after notice, may appeal from the action of the appointing
authority by filing a written answer to the charges. No suspension shall become effective
until the suspended employee is accorded due process in the form of a predisciplinary hearing.
The suspended employee shall have the right to file an appeal of the suspension for a hearing
before the board. The hearing before the board shall be in accordance with the rules promulgated
by the board. (b) For good cause shown or when an employee...
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