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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-13-31.htm - 2K - Match Info - Similar pages
42-2-6
Section 42-2-6 Conduct of hearing; order granting or refusing application; appeal from grant
or refusal of application. On the day appointed or any other day to which the hearing may
be continued, the court must hear the allegations of the application and any objections which
may be filed to the granting thereof and any legal evidence touching the same, and shall make
an order granting or refusing the application. The hearing herein provided for must in all
respects be conducted and evidence taken as in civil cases, and either party may, by bill
of exception, reserve any opinion or decision of the court. Either party is entitled to an
appeal to the Supreme Court from the order of the court granting or refusing the application
within 42 days from the making thereof. (Code 1907, §§2419, 2420; Code 1923, §§3153, 3154;
Code 1940, T. 59, §§9, 10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/42-2-6.htm - 1K - Match Info - Similar pages
45-28-234.12
Section 45-28-234.12 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The sheriff,
or the appointing authority to whom the sheriff has delegated such disciplinary powers, may
remove, discharge, suspend, or demote any employee in the classified service of the office
of the sheriff, provided that within five days thereof, a written report of such action is
made to the board, giving the reason or circumstances surrounding such disciplinary action.
If any aggrieved employee is suspended for more than three days, removed, discharged, or demoted,
he or she shall be entitled to a board hearing on such disciplinary action, upon written demand
thereon within 10 days of such action. A hearing shall be held within 10 days of the receipt
of the written request therefor. All meetings of the board on disciplinary matters shall be
open to the public, and shall observe the aggrieved employee's right to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-234.12.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-51.20.htm - 3K - 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...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-120.22.htm - 2K - Match Info - Similar pages
25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-81.htm - 6K - Match Info - Similar pages
45-45A-41.22
Section 45-45A-41.22 Abatement of nuisance. (a) If the owner fails, neglects, or refuses to
abate the nuisance, or the nuisance is not otherwise abated, (1) within the time permitted
to do so as stated in the enforcing official's notice, where such notice was not suspended
by the request for a hearing before the administrative official; or (2) within the time permitted
to do so as stated in the administrative official's written determination, then the city may
enter upon the property and abate the nuisance using its own forces, or it may provide by
contract for the abatement. However, if an appeal has been taken to the circuit court as provided
in subsection (h) of Section 45-45A-41.21, then the city may not abate the nuisance until
the determination or judgment authorizing abatement becomes final as provided by law. (b)
Upon completion of the abatement work performed by the city, including work by contractors
employed by the city, the enforcing official shall compute the city's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-41.22.htm - 3K - Match Info - Similar pages
45-49-120.21
Section 45-49-120.21 Dismissals. (a) An appointing authority may dismiss a classified 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 a public record; the dismissed employee, within 10 days after notice, may appeal
from the action of the appointing authority by filing a written answer to the charges. The
board, after investigating may order a public hearing upon notice to, and opportunity to be
heard by, the employee and if the charges are proved unwarranted, order the reinstatement
of the employee under such conditions as the board may determine. (b) In addition to removal
by an appointing authority, persons in the classified service may be removed or disciplined
in the following manner. Charges may be filed by any officer, citizen, or taxpayer of the
county with the director who, after investigation, may cause a copy to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-120.21.htm - 2K - Match Info - Similar pages
45-8-120.14
Section 45-8-120.14 Charges; investigation; hearing. Charges may be filed by any individual
against any employee covered by this article as follows: The charges must be in writing, must
set forth succinctly the matters complained of, and shall be sworn to before a member of the
board or any other person authorized to administer oaths. Upon receipt of such charges, the
board shall refer them to the appropriate appointing authority who shall make an investigation
of the charges along with the county attorney and take action as determined to be warranted
by the findings of his or her investigation. If the appointing authority's action involves
a demotion, suspension without pay, or dismissal of a regular status classified service employee,
such action shall be taken in accordance with Section 45-8-120.13. A written report of the
appointing authority's findings and action shall be submitted to the board within 15 calendar
days of his or her receipt of the charges from the board. If the...
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