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41-22-12
Section 41-22-12 Notice and opportunity for hearing in contested cases; contents of notice;
power of presiding officer to issue subpoenas, discovery and protective orders; procedure
upon failure of notified party to appear; presentation of evidence and argument; right to
counsel; disposition by stipulation, settlement, etc.; contents of record; public attendance
at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested case,
all parties shall be afforded an opportunity for hearing after reasonable notice in writing
delivered either by personal service as in civil actions or by certified mail, return receipt
requested. However, an agency may provide by rule for the delivery of such notice by other
means, including, where permitted by existing statute, delivery by first class mail, postage
prepaid, to be effective upon the deposit of the notice in the mail. Delivery of the notice
referred to in this subsection shall constitute commencement of the contested...
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6-6-20
Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc. (a) For
purposes of this section, "mediation" means a process in which a neutral third party
assists the parties to a civil action in reaching their own settlement but does not have the
authority to force the parties to accept a binding decision. (b) Mediation is mandatory for
all parties in the following instances: (1) At any time where all parties agree. (2) Upon
motion by any party. The party asking for mediation shall pay the costs of mediation, except
attorney fees, unless otherwise agreed. (3) In the event no party requests mediation, the
trial court may, on its own motion, order mediation. The trial court may allocate the costs
of mediation, except attorney fees, among the parties. (c) If any party fails to mediate as
required by this section, the court may apply such sanctions as it deems appropriate pursuant
to Rule 37 of the Alabama Rules of Civil Procedure. (d) A court shall not order...
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9-9-11
Section 9-9-11 Establishment of district - Filing of objections to organization of district;
hearing and proceedings upon petition and objections; issuance of order declaring organization
of district; dismissal of petition and issuance of itemized bill of costs and expenses. (a)
Any owner of real property affected by said proposed district who wishes to object to the
organization and incorporation of said district shall, on or before 12:00 noon of the day
set for the causes to be heard, file his objection in writing stating why such district should
not be organized and incorporated. On the day appointed for the hearing, the court shall hear
and determine in a summary manner any objection that may be offered to the sufficiency of
the petition or to the report of the engineer or plan submitted by petitioners. If it appears
that there is any land within the proposed district that is not in the watershed, if the proposed
plan includes purposes other than drainage or is not in the benefited...
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15-20A-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (a) A sex offender
required to register under this chapter may petition the court for relief from the residency
restriction pursuant to subsection (a) of Section 15-20A-11 during the time a sex offender
is terminally ill or permanently immobile, or the sex offender has a debilitating medical
condition requiring substantial care or supervision or requires placement in a residential
health care facility. (b) A petition for relief pursuant to this section shall be filed in
the civil division of the circuit court of the county in which the sex offender seeks relief
from the residency restriction. (c) The sex offender shall serve a copy of the petition by
certified mail on all of the following: (1) The prosecuting attorney in the county of adjudication
or conviction, if the sex offender was adjudicated or convicted in this state. (2) The prosecuting
attorney of the county where the sex offender seeks relief from the...
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22-52-9
Section 22-52-9 Conduct of hearings. At all hearings, including probable cause hearings, conducted
by the probate judge in relation to a petition to involuntarily commit a respondent, the following
rules shall apply: (1) The respondent shall be present unless, prior to the hearing, the attorney
for the respondent has filed in writing a waiver of the presence of the respondent on the
ground that the presence of the respondent would be dangerous to the respondent's physical
or mental health or that the respondent's conduct could reasonably be expected to prevent
the hearing from being held in an orderly manner, and the probate judge has judicially found
and determined from evidence presented in an adversary hearing that the respondent is so mentally
or physically ill as to be incapable of attending such proceedings. Upon such findings an
order shall be entered approving the waiver. (2) The respondent shall have the right to compel
the attendance of any witness who may be located anywhere...
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26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to determine
the suitability of each petitioner and the home in which the adoptee will be placed. The investigation
shall include a criminal background investigation and any other circumstances which might
be relevant to the placement of an adoptee with the petitioners. A copy of the pre-placement
investigation shall be filed with the court when the petition for adoption is filed. (b) An
individual or couple may initiate a pre-placement investigation by request directly through
the Department of Human Resources or a licensed child placing agency or by filing a request
with the probate court. The court may appoint any agency or individual qualified under subsection
(d) to perform the pre-placement investigation. Upon completion of the investigation, a copy
of the report shall be sent to the petitioners. The report is to be filed with the court at
the time of the filing of the petition for adoption. (c)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-19.htm - 4K - Match Info - Similar pages
6-6-752
Section 6-6-752 Contents of petition; order to show cause; service of petition and order on
district attorney; publication of public notice. (a) The authority for issuing such obligations,
the fact that an election has been held and that such election was in favor of the issuance
of such obligations, if an election was required, the ordinances or resolutions authorizing
their issuance and the fact of their adoption, and all essential proceedings had or taken
in connection therewith, the amount of the obligations to be issued, the maximum rate of interest
they are to bear, when principal and interest are to be paid and the place of payment (unless
the successful bidder at public sale will have the right to name, designate, request, or suggest
the place of payment, which shall be stated if this is the case), the tax or other means provided
for their payment, the assessed value of the property in the unit, the amount of outstanding
indebtedness incurred and the date or dates when so...
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15-20A-2
Section 15-20A-2 Legislative findings. The Legislature makes all of the following findings:
(1) Registration and notification laws are a vital concern as the number of sex offenders
continues to rise. The increasing numbers coupled with the danger of recidivism place society
at risk. Registration and notification laws strive to reduce these dangers by increasing public
safety and mandating the release of certain information to the public. This release of information
creates better awareness and informs the public of the presence of sex offenders in the community,
thereby enabling the public to take action to protect themselves. Registration and notification
laws aid in public awareness and not only protect the community but serve to deter sex offenders
from future crimes through frequent in-person registration. Frequent in-person registration
maintains constant contact between sex offenders and law enforcement, providing law enforcement
with priceless tools to aid them in their...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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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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