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45-49-101.08
Section 45-49-101.08 Appeals. A person who contests a notice of violation and is adjudicated
by the court to be responsible for the civil fine may appeal the adjudication for a trial
de nova to the Circuit Court of Mobile County, in which the district or municipal court is
located, using the procedures that apply to criminal convictions with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) The person appealing, as a condition precedent
to appeal, shall pay the civil fine in full, and failure to do so shall divest the Circuit
Court of Mobile County. If, on appeal the circuit court finds that the person is not responsible
for payment of the civil fine, the county or municipality located in Mobile County, or the
Alabama State Law Enforcement Agency, shall refund the same without interest within 15 days
of receipt of notice of the disposition from the circuit court. If...
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22-20A-32
Section 22-20A-32 Violations. (a) Any food service establishment engaged in the sale or advertising
of catfish products in violation of this article shall be subject to civil penalties. The
department shall impose the following civil penalties. For violations occurring within a 24-month
period: (1) A warning for the first violation. (2) A fine of one hundred dollars ($100) for
a second violation with 24 months. (3) A fine of two hundred fifty dollars ($250) for the
third violation within 24 months. (4) A fine of five hundred dollars ($500) for the fourth
violation within 24 months. (5) A fine of one thousand dollars ($1,000) for the fifth violation
within 24 months and at the discretion of the department, a suspension of the food service
establishment permit. (b) A person may appeal the assessment of a civil penalty by requesting
a hearing that shall be held in accordance with the Alabama Administrative Procedure Act.
Judicial review of a final action of the department shall be...
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34-22-8
Section 34-22-8 Disciplinary action; charges; hearing; judicial procedure; appeals; sanctions;
immunity of board, etc., from suit. (a) Any person, including a licensed optometrist may initiate
a charge of violation of the provisions of this chapter or a charge of misconduct by a licensed
optometrist by filing with the secretary of the board a written statement under oath of the
charge or charges against the accused. If a member of the board files a charge, the member
shall not participate in the hearing or disposition of the charge, except to the extent of
giving testimony in connection with the charge. The member filing the charge shall not be
present during the hearing or deliberation of the charge except to give testimony. A discreet
preliminary investigation into the charge or charges shall be made by the board, after which,
if the board is reasonably satisfied that the charge or charges are not frivolous, the board
shall hear the charge or charges under rules of procedure to be...
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45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
municipality as a condition precedent to participating in a pretrial diversion program. (2)
CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the city
attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT OFFICER.
As defined in Section 36-25-1(15), whether employed in the this state or elsewhere. (5) MUNICIPALITY.
A municipality in Geneva County that has a municipal court, city attorney, and police department.
(6) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any
misdemeanor, violation, or traffic offense, as defined by existing law, which was allegedly
committed in the corporate limits or police jurisdiction of the municipality. (7) PRETRIAL
DIVERSION PROGRAM or PROGRAM. A program that allows the...
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45-8A-23.059
Section 45-8A-23.059 Council not to interfere in appointments or removals. Neither the council
nor any of its members shall direct or request the appointment of any person to, or his or
her removal from, office by the city manager or by any of his or her subordinates, or in any
manner take part in the appointment or removal of officers and employees in the administrative
service of the city. Except for the purpose of inquiry, the council and its members shall
deal with the administrative service solely through the city manager and neither the council
nor any member thereof shall give orders to any subordinates of the city manager, either publicly
or privately. Any councilman violating the provisions of this section, or voting for a resolution
or ordinance in violation of this section, shall be guilty of a misdemeanor and upon conviction
thereof shall cease to be a councilman. (Acts 1953, No. 404, p. 472, §3.10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-23.059.htm - 1K - Match Info - Similar pages
45-21A-10.03
Section 45-21A-10.03 Notice of violation; civil penalty. (a) Prior to imposing a civil penalty
pursuant to this article, the City of Brantley shall first mail a notice of violation by certified
U.S. mail, return receipt requested, to the owner of the motor vehicle which is recorded by
the automated photographic speeding enforcement system that committed a speeding violation.
The notice shall be sent not later than the 30th day after the date the speeding violation
is recorded to the following: (1) The owner's address as shown on the registration records
of the Alabama Department of Revenue. (2) If the vehicle is registered in another state or
country, to the owner's address as shown on the motor vehicle registration records of the
department or agency of the other state or country analogous to the Alabama Department of
Revenue. (3) If a traffic violation is based on the vehicle identification number, and the
registered owner of the vehicle is a rental car business, the law enforcement...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.03.htm - 3K - Match Info - Similar pages
45-21A-10.06
Section 45-21A-10.06 Appellate procedures. The circuit court hearing an appeal shall use the
procedures that apply to criminal convictions in municipal court with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) If the person is adjudicated by the circuit
court to be responsible for payment of the civil fine, circuit court costs shall be owed by
the person adjudicated responsible, with 100 percent of those court costs retained by the
circuit court. Court costs in the circuit court shall be calculated as are court costs for
criminal appeals from the municipal court, and in the event the circuit court finds the person
appealing not to be responsible, no municipal court costs shall be owed to the city. (3) Regardless
of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative
convenience, may assign case numbers as for...
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45-37A-331.07
Section 45-37A-331.07 Appellate procedures. (a) The circuit court hearing an appeal shall use
the procedures that apply to criminal convictions in municipal court with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) If the person is adjudicated by the circuit
court to be responsible for payment of the civil fine, circuit court costs shall be owed by
the person adjudicated responsible, with 100 percent of those court costs retained by the
circuit court. Court costs in the circuit court shall be calculated as are court costs for
criminal appeals from the municipal court, and in the event the circuit court finds the person
appealing to not be responsible, no municipal court costs shall be owed to the city. (3) Regardless
of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative
convenience, may assign case numbers as for...
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45-37A-331.37
Section 45-37A-331.37 Appellate procedures. (a) The circuit court hearing an appeal shall use
the procedures that apply to criminal convictions in municipal court with the following qualifications:
(1) The proceedings shall retain their civil nature on appeal with the circuit court applying
the preponderance of the evidence standard. (2) If the person is adjudicated by the circuit
court to be responsible for payment of the civil fine, circuit court costs shall be owed by
the person adjudicated responsible, with 100 percent of those court costs retained by the
circuit court. Court costs in the circuit court shall be calculated as are court costs for
criminal appeals from the municipal court, and in the event the circuit court finds the person
appealing not to be responsible, no municipal court costs shall be owed to the city. (3) Regardless
of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative
convenience, may assign case numbers as for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-331.37.htm - 1K - Match Info - Similar pages
45-37A-52.57
Section 45-37A-52.57 Council not to interfere in appointments or removals. Neither the council
nor any of its members shall direct or request the appointment of any person to, or his or
her removal from, office or position by the mayor or by any of his or her subordinates, or
in any manner take part in the appointment or removal of officers and employees in the administrative
service of the city. Except for the purpose of inquiry, the council and its members shall
deal with the administrative service solely through the mayor and neither the council nor
any member thereof shall give orders to any subordinates of the mayor, either publicly or
privately. Any council member violating this section, or voting for a resolution or ordinance
in violation of this section, shall be guilty of a misdemeanor and upon conviction thereof
shall cease to be a council member. (Acts 1955, No. 452, p. 1004, §3.08.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-52.57.htm - 1K - Match Info - Similar pages
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