Code of Alabama

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23-1-368
Section 23-1-368 Investigations; administration of oaths; subpoena of witnesses; enforcement
of subpoena. The director may conduct investigations and hold inquiries relating to this article.
All investigations conducted shall be open to the public. The director may administer oaths
and affirmations, certify official acts, issue subpoenas, and compel the attendance and testimony
of witnesses and the production of papers, books, and documents. In case of failure to comply
with any subpoena or order issued under the authority granted by this article, the director
may invoke the aid of any circuit court of the state. The court may order the witness to comply
with the requirements of the subpoena or order or to give evidence relating to the matter
in question. Any failure to obey the order of the court may be punished by the court as contempt
thereof. (Act 2000-220; p. 328, §21.)...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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34-24-361.1
Section 34-24-361.1 Hearings closed; confidentiality of certain records. All hearings conducted
by the commission shall be closed. The record in such hearings, including witness testimony,
exhibits, and pleadings, shall be confidential, shall not be public record, and shall not
be available for court subpoena or for discovery proceedings. All administrative complaints,
orders to show cause, notices of hearings, and statements of charges, and all amendments thereto,
and all orders of the commission which are dispositive of the issues raised thereby, shall
be public record. Nothing contained herein shall apply to records made in the regular course
of business of an individual; documents or records otherwise available from original sources
are not to be construed as immune from discovery or use in any civil proceedings merely because
they were presented or considered during the proceedings of the State Board of Medical Examiners
or the Medical Licensure Commission. (Act 2002-140, p. 359,...
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34-9-29
Section 34-9-29 Injunctions against violations of chapter. When it appears to the board that
any person is violating any of the provisions of this chapter, the board may in its own name
bring an action in the circuit court for an injunction, and said court of this state may enjoin
any person from violating this chapter regardless of whether proceedings have been or may
be instituted before the board or whether criminal proceedings have been or may be instituted.
For purposes of this section, person shall be deemed to include any individual, firm, partnership,
corporation, professional association, professional corporation or other entity. (Acts 1959,
No. 100, p. 569, §31; Acts 1985, No. 85-697, p. 1120, §1.)...
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5-18A-18
Section 5-18A-18 Written complaint; investigation; compliance with subpoena. (a) Any person
aggrieved by the conduct of a licensee under this chapter in connection with the regulated
activities of the licensee may file a written complaint with the supervisor who may investigate
the complaint. (b) In the course of the investigation of the complaint, the supervisor may
do the following: (1) Subpoena witnesses. (2) Administer oaths. (3) Examine any individual
under oath. (4) Compel the production of records, books, papers, contracts, or other documents
relevant to the investigation. (c) If a person fails to comply with a subpoena of the supervisor
under this chapter or to testify concerning any matter about which the person may be interrogated
under this chapter, the supervisor may petition any court of competent jurisdiction for enforcement.
(d) The license of any licensee under this chapter who fails to comply with a subpoena of
the supervisor may be suspended pending compliance with...
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25-9-22
Section 25-9-22 Witnesses at proceedings under chapter generally. (a) The chief has the authority
to administer oaths and to issue subpoenas requiring the attendance of witnesses to testify
under oath in any proceeding and to require witnesses to answer all questions propounded to
them. The sheriff or constable in the county in which such witnesses may reside or be found
shall execute subpoenas issued as above provided, and they shall each receive for their services
in executing such subpoenas the same fees as are allowed them respectively for executing subpoenas
in other cases. Any witnesses summoned as above mentioned shall be entitled to the same mileage
and per diem as is now allowed by law to such witnesses attending trials in the circuit court.
(b) If any witness subpoenaed as above mentioned shall fail to attend without good excuse,
in accordance with the subpoena served on him, or shall fail to testify when attending, the
chief before whom said proceedings are being had shall...
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28-4-25
Section 28-4-25 Allowance of reward to sheriff or other person furnishing evidence to support
conviction for violation of Section 28-4-24. Whenever any person is convicted in the circuit
court under Section 28-4-24 of unlawfully distilling or manufacturing or making any of the
prohibited liquors or beverages as defined in this chapter, there shall be charged to the
Alabama Alcoholic Beverage Control Board to be paid by them the sum of $50.00 out of the funds
used by the board for the purchase of alcoholic beverages to be allowed the sheriff or other
officer or person who furnished the evidence and brought about the conviction. Said sheriff
or other officer or person must satisfy the presiding judge that he is the person entitled
to said sum and shall receive from the judge a certificate to that effect. (Acts 1919, No.
7, p. 6; Code 1923, §4626; Code 1940, T. 29, §102; Acts 1953, No. 699, p. 954.)...
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34-13-31
Section 34-13-31 Appeal from decision of board. (a) Whenever, by decision, final order, or
other final determination upon any public hearing provided for by this chapter, a party to
such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery
County, Alabama. (b) On taking and perfecting an appeal to the Circuit Court of Montgomery
County, Alabama, the court shall proceed as in other cases. (c) All appeals shall be taken
within 30 days from the date of the order entered of the board which is the basis of the appeal
and shall be granted as a matter of right and be deemed perfected by filing with the board
a bond for security of costs of the appeal. Upon filing of a verified petition and hearing
thereon, the court, in its discretion, may stay the order appealed from pending final judicial
review. No new or additional evidence may be introduced in the circuit court except as to
fraud or misconduct of some person engaged in the administration of this chapter...
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34-14A-8.1
Section 34-14A-8.1 Public records; confidential records and closed proceedings; discovery.
(a) All administrative complaints, orders to show cause, notices of hearings, and statements
of charges, and all amendments thereto, and all orders of the board which are dispositive
of the issues raised thereby, shall be public record. (b) All records, reports, documents,
photographs, and information contained in complaint and investigation files, shall be confidential,
shall not be public record, and shall not be available for court subpoena or for discovery
in civil proceedings. Disciplinary action proceedings shall be closed. The record in such
proceedings, including witness testimony, exhibits, and pleadings, shall be confidential,
shall not be a public record, and shall not be available for court subpoena or for discovery
in civil proceedings. (c) Nothing contained herein shall apply to records made in the regular
course of business of an individual. Documents or records otherwise available...
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34-17A-19
Section 34-17A-19 Additional remedy. As an additional remedy, the board may proceed in the
Circuit Court of Montgomery County to enjoin and restrain any unlicensed person from violating
the prohibitions of this chapter. The board shall not be required to post bond. (Acts 1997,
No. 97-170, p. 247, §19.)...
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