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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-409.htm - 2K - Match Info - Similar pages
26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-21-4.htm - 11K - Match Info - Similar pages
34-15C-12
Section 34-15C-12 Disciplinary action. (a) Any time that the board has reason to believe that
a registered interior designer is subject to discipline, notice of the charges placed against
the registered interior designer and the time and place of the hearing of such charges by
the board shall be served on the accused, pursuant to the Alabama Rules of Civil Procedure,
not less than 45 days before the date fixed for the hearing. The notice shall inform the registered
interior designer that he or she is entitled to respond to the charges within 30 days, be
represented by counsel of his or her choosing at the hearing, have witnesses testify in his
or her behalf at the hearing, confront and cross-examine witnesses at the hearing, and testify
in his or her behalf at the hearing. The board may provide further for any procedure not herein
enumerated that is consistent with the Alabama Administrative Procedure Act. (b) In all cases
of disciplinary action taken by the board, the accused may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-15C-12.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-40.26.htm - 1K - Match Info - Similar pages
45-28A-42.12
Section 45-28A-42.12 Appeals. An appeal may be taken from any decision of the civil service
board in the following manner: Within 10 days after any final decision of such board, any
party, including the governing body of the city, feeling aggrieved at the decision of the
board, may appeal from any such decision to the Circuit Court of the county. Upon the filing
of any such appeal, notice thereof shall be served upon any member of the board, and a copy
of the notice shall be served upon the appellee or his or her attorney, by the appellant.
Such appeal shall be heard at the earliest possible date by the court sitting without a jury,
unless a jury is demanded by the appellant at the time of filing of notice of appeal or by
the appellee within 10 days after notice of appeal has been served upon him or her. In event
either party demands a jury as provided above, the appeal shall be heard at the next regular
jury term of court and shall have priority over all other cases. No bonds shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28A-42.12.htm - 1K - Match Info - Similar pages
5-5A-9
Section 5-5A-9 Procedure for incorporation - Judicial review. Nothing in this chapter shall
be construed to prevent the Circuit Court of Montgomery County, as provided by law, from reviewing
and reversing either the action of the Banking Board in granting or refusing a charter or
permitting the organization of a new bank or the action of the superintendent in granting
a charter or permitting the organization of a new bank. Written notice of appeal must be filed
with that court within 28 days of the order from which the appeal is taken. Upon proper proceedings,
the court, after full hearing of the matters at issue, shall enter an order or judgment reversing
or affirming the order appealed. The granting of a charter or permit by the superintendent
or granting or refusal to grant a charter or permit by the Banking Board shall be taken as
prima facie just and reasonable. (Acts 1980, No. 80-658, ยง5-5-9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-5A-9.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
45-49-120.33
Section 45-49-120.33 Court proceedings. Orders of the personnel director and personnel board
may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings in
a court of competent jurisdiction. Any person directly interested, within 14 days, may appeal
to the Circuit Court of Mobile County from any order of the board, by filing notice thereof
with the board, whereupon the board shall certify to a transcript of the proceedings before
it and file the same in court. Only findings of fact of the board contained in the transcript,
if supported by substantial evidence adduced before the board or before its personnel director
after hearing and upon notice to the interested party or parties, and after affording the
parties an opportunity to be heard, shall be conclusive on appeal. The issues on appeal shall
be made up under the direction of the court within 30 days after the transcript is filed therein,
and the trial shall proceed on the evidence contained in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-120.33.htm - 1K - Match Info - Similar pages
45-37A-51.139
Section 45-37A-51.139 Appeal of decisions of the board. (a) Any decision of the board denying
a benefit claimed may be subject to review by the circuit court, in the manner and subject
to the limitations herein provided. An employee may secure a review of a decision of the board
by mandamus proceedings in the circuit court, which proceedings the employee shall institute,
in the court by filing therein a petition for mandamus. The petition may designate the board
as respondent or the members thereof as respondents. Each respondent shall be served with
process, unless the respondent or his or her or its attorney accepts service. The petition
for mandamus shall be barred if it is not filed within 90 days from the date whereon the board
of managers makes its final decision on the benefit claimed, provided written notice of such
final decision of the board shall be given by certified or registered mail, postage prepaid,
and properly addressed, to the claimant or his or her attorney within...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-51.139.htm - 4K - Match Info - Similar pages
38-7-9
Section 38-7-9 License to operate or conduct child-care facility - Revocation or refusal to
renew license - Aggrieved party entitled to hearing; review of final decision or action of
department; bond; when decision may be set aside; section not applicable to boarding homes
and free homes. In the event a party or an applicant for a license or a licensee is denied
a license or a renewal of a license or has a license suspended or revoked for the operation
of a child-care facility required by this chapter to be licensed by the department, or in
the event an application for such a license or renewal of a license is not acted upon with
reasonable promptness, or in the event an approval required by this chapter to be issued by
the department is denied or revoked or unduly delayed, any aggrieved party may appeal to the
department for a fair hearing of his case. Notice and opportunity for a fair hearing and notice
of right to counsel shall be given the appellant by the department, and at this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-7-9.htm - 2K - Match Info - Similar pages
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