25-4-92
Section 25-4-92 Appeals tribunals - Appointment; procedure; when decisions final. (a) To hear
and decide disputed claims and other due process cases involving a division of the Department
of Labor, the secretary shall appoint one or more impartial appeals tribunals, consisting
in each instance of an officer or an employee of the Department of Labor. The appeals tribunals
shall be a separate division reporting to the secretary and shall be separate and apart from
the direction and control of other divisions of the Department of Labor. No person shall participate
in the hearing or disposition of any claim upon appeal thereof as an appeals tribunal, if
he has an interest therein. At any such hearing all testimony shall be taken down, but need
not be transcribed unless an appeal is applied for or taken. (b) The manner in which disputed
claims before appeals tribunals shall be presented and the conduct of hearings and appeals
before appeals tribunals shall be in accordance with regulations...
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25-4-94
Section 25-4-94 Powers and duties of board of appeals for Department of Labor. (a) The board
of appeals for the Department of Labor, created by Section 25-2-12, may, on its own motion
at any time before a decision of an appeals tribunal becomes final, affirm, modify, or set
aside any such decision on the basis of the evidence previously submitted in such case, or
direct the taking of additional evidence, or may permit any party in interest to initate an
appeal to it. The board of appeals may remove to itself or transfer to another appeals tribunal
the proceedings on any claim pending before an appeals tribunal. The board of appeals shall
promptly notify in writing the parties to any proceedings of its findings and decision, together
with the reasons therefor. (b) Unless the application for appeal described in subsection (c)
of Section 25-4-92 is granted by the board of appeals within 10 days after its filing with
it, the applicant may, within the following 10 days, take an appeal from...
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45-2-234.08
Section 45-2-234.08 Terms of office; oath; compensation; appeals procedures. (a) The original
members shall serve for the following terms: One for one year, one for two years, one for
three years, and two for four years, as determined by the drawing of lots. Thereafter, all
members shall serve for a period of four years. No person shall be appointed to the board
unless he or she is over the age of 18 years. (b) Members of the board shall take the constitutional
oath of office. Vacancies on the board shall be filled for the unexpired term of the vacant
position in the same manner as original appointments are made. The members of the board shall
elect a chair and secretary from among their members. Any member of the board who becomes
a candidate for, or is elected or appointed to, another public office of profit must vacate
his or her office as a member of the board. No board member shall be an elected official,
appointed employee, or employee of the county commission, or any municipal...
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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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25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
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25-2-12
Section 25-2-12 Board of appeals - Creation; composition; compensation. There shall be a Board
of Appeals for the Department of Labor. The board shall exercise its own judgment and discretion
in all matters entrusted to it, and, to that extent, shall be entirely separate and distinct
from and independent of the Department of Labor, but it shall have offices with the Department
of Labor, and an employee of the Department of Labor shall act as its clerk. All proper expenses
of the board shall be paid from the appropriations to the Department of Labor in the same
manner as expenses of the department are paid. There shall be three members of the board,
all of whom shall be appointed by the Governor, subject to confirmation by the Senate, for
a term of office of six years or until their successors are appointed; except, that the first
appointments of members of the board shall be for terms of two, four and six years respectively.
One member of the board shall be a person who, on account of...
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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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41-9-61
Section 41-9-61 Creation; composition; officers; Attorney General to attend meetings of board,
etc.; quarters, etc.; quorum; board may take views, conduct interviews, etc.; board to supervise,
etc., preparation, etc., of records of cases. There shall be a Board of Adjustment to be composed
of the Director of Finance, the State Treasurer, the Secretary of State and the State Auditor.
The chairman of said board shall be selected by the board from its members. The Secretary
of State shall also be the secretary of said board and shall perform all the duties, powers
and functions required of the secretary by the board. The Attorney General shall attend the
meetings of the board and represent the State of Alabama in all proceedings before the board.
The Board of Adjustment shall be furnished with necessary quarters, stationery and postage
in the same manner as the same are furnished to other state officers, agencies, commissions,
boards, institutions or departments. Any three of said board...
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25-2-13
Section 25-2-13 Board of appeals - Powers and duties generally; appeals from findings as to
dangerous condition, etc., of machines, etc. (a) The functions and duties of the board of
appeals shall be as follows: (1) To hear and determine appeals under Chapter 4 of this title.
(2) To hold public hearings on proposed safety rules and regulations and amendments and repeals
thereof, and to promulgate and publish such rules and regulations and amendments and repeals
as provided in this chapter. (3) To hear and determine appeals from the finding of any officers
or employees of the Department of Labor that any machine, tool, equipment or structure is
in a dangerous condition or is not properly guarded or is dangerously placed, when the discontinuance
of the use thereof has been ordered. (b) When such appeal is taken by a person affected by
such order, no appeal shall be taken from such determination of the board of appeals, except
on questions of law or on the ground that the determination is...
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40-3-25
Section 40-3-25 Appeals - Procedure. All appeals from the rulings of the board of equalization
fixing value of property shall be taken within 30 days after the final decision of said board
fixing the assessed valuation as provided in this chapter. The taxpayer shall file notice
of said appeal with the secretary of the board of equalization and with the clerk of the circuit
court and shall file bond to be filed with and approved by the clerk of the circuit court,
conditioned to pay all costs, and the taxpayer or the state shall have the right to demand
a trial by jury by filing a written demand therefor within 10 days after the appeal is taken.
When an appeal is taken, the taxpayer shall pay the taxes due as fixed for assessment for
the preceding tax year before the same becomes delinquent; and, upon failure to do so, the
court upon motion ex mero motu must dismiss the appeal, unless at the time of taking the appeal
the taxpayer has executed a supersedeas bond with sufficient sureties...
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