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45-8-120.17
Section 45-8-120.17 Petition for review of board action. Any party, including the county commission
and county appointing authorities, aggrieved by a final action of the board, shall be entitled
to a review of the action by filing a petition in the Circuit Court of Calhoun County within
30 days after the action is taken. Upon the filing of any petition, notice shall also be served
upon the chairperson of the board by the petitioner. The petitioner shall be heard by the
court at the earliest practical date. Review by the court shall be without a jury and confined
to the record of the board action. The record shall include transcripts or other documentation
used by the board in arriving at its action. The court may, upon the terms and conditions
as it shall deem proper, at any time before the hearing of the petition, permit the board
to gather additional information and modify its final decision. The court, upon a hearing
of the petition, may affirm or reverse and render or remand the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8-120.17.htm - 1K - Match Info - Similar pages
34-17A-17
Section 34-17A-17 Judicial review. (a) A person who has exhausted all administrative remedies
available within the board and who is aggrieved by a final decision of the board is entitled
to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately
reviewable only if review of the final board action would not provide an adequate remedy.
(b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery
County within 30 days after service of the final decision of the board. Copies of the petition
for review shall be served upon the board and the parties of record. (c) The filing of the
petition does not stay enforcement of the decision of the board. The board may grant, or the
reviewing court may order, a stay upon appropriate terms. (d) The review shall be conducted
by the court without a jury and shall be confined to the record. (e) The court shall not substitute
its judgment for that of the board as to the weight...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-17A-17.htm - 2K - Match Info - Similar pages
20-2-66
Section 20-2-66 Disciplinary action - Judicial review. (a) An assistant to physician adversely
affected by an order of the board denying an application for a Qualified Alabama Controlled
Substances Registration Certificate or the renewal of a Qualified Alabama Controlled Substances
Registration Certificate may obtain judicial review thereof by filing a written petition for
review with the Circuit Court of Montgomery County in accordance with Section 41-22-20. (b)
An assistant to physician adversely affected by an order of the board suspending, revoking,
or restricting a Qualified Alabama Controlled Substances Registration Certificate, whether
or not such suspension, revocation, or restriction is limited; assessing an administrative
fine; or denying reinstatement of a Qualified Alabama Controlled Substances Registration Certificate,
may obtain judicial review thereof by filing a written petition for review with the Circuit
Court of Montgomery County in accordance with Section 41-22-20....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/20-2-66.htm - 2K - Match Info - Similar pages
45-17A-50.10
Section 45-17A-50.10 Finality of disciplinary action; record of hearing and determination;
procedures of hearings; review. (a) No disciplinary action taken against a regular status
employee, except a head of a department, that involves suspension without pay, demotion, dismissal,
or any other action as defined by the implementing rules and regulations shall become final
until the board holds a hearing on the action, if the employee appeals the action in writing
to the board within 10 calendar days of receipt of written notification of the action to be
taken by the mayor. Within 30 calendar days after receipt of the written appeal of the employee,
the board shall schedule and hold a public hearing on the appeal and render a decision. (b)
All hearings before the board shall be recorded and transcribed. In all cases, the decision
of the board shall be reduced to writing and entered in the record of the case. The board
may in its decision uphold the action by the mayor, modify the action,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17A-50.10.htm - 4K - Match Info - Similar pages
20-2-256
Section 20-2-256 Judicial review. (a) A certified registered nurse practitioner (CRNP) or certified
nurse midwife (CNM) adversely affected by an order of the Board of Medical Examiners denying
an application for a Qualified Alabama Controlled Substances Registration Certificate (QACSC)
or the renewal of a QACSC may obtain judicial review thereof by filing a written petition
for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(b) A CRNP or a CNM adversely affected by an order of the board suspending, revoking, or restricting
a QACSC, whether or not such suspension, revocation, or restriction is limited; or denying
reinstatement of a QACSC, may obtain judicial review thereof by filing a written petition
for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(c) The following procedures shall take precedence over subsection (c) of Section 41-22-20
relating to the issuance of a stay of any order of the board...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/20-2-256.htm - 2K - Match Info - Similar pages
11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days after
receipt of written charges or a written appeal of an employee from a decision after predisciplinary
hearing, the board shall schedule and hold a public hearing in regard thereto and render a
decision. The board shall provide notice of the hearing to the mayor, the employee's department
head, and the city attorney. At the hearing, the employee shall be entitled to be represented
by an attorney of his or her choosing and expense. (b) If the regular status employee appeals,
no disciplinary action taken against the employee shall become final until the board holds
a hearing on the action. Provided however, suspensions with or without pay in regard to seeking
an employee's termination shall remain in effect until a final ruling by the board unless
otherwise ordered by the board. (c) All hearings before the board shall be recorded and transcribed.
In all cases, the decision of the board shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-44B-48.htm - 4K - Match Info - Similar pages
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
45-17A-82.09
Section 45-17A-82.09 Disciplinary action. (a) The mayor or the head of the department may discipline
any employee pursuant to this part and the rules and regulations adopted by the city council
to implement this part. If a disciplinary action involves suspension without pay, demotion,
or dismissal, the mayor shall submit a written notice of the proposed action to the board
for regular status employees and to the city council for department heads and to the employee
giving the reason or reasons for the proposed action. The notice shall state the reasons for
the proposed disciplinary action of suspension without pay, demotion, or dismissal, shall
contain a short and plain statement of the facts showing the reasons for the proposed disciplinary
action, and shall inform the regular status employee that he or she has 10 days to request,
in writing, a pre-disciplinary hearing before the mayor. If the regular status employee fails
to request a pre-disciplinary hearing within 10 days from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17A-82.09.htm - 7K - Match Info - Similar pages
20-2-53
Section 20-2-53 Registration of persons manufacturing, distributing or dispensing controlled
substances - Order to show cause; proceedings; review; issuance of stay. (a) Before denying,
suspending, or revoking a registration or refusing a renewal of registration, the certifying
boards shall serve upon the applicant or registrant an order to show cause why registration
should not be denied, revoked, or suspended or why the renewal should not be refused. The
order to show cause shall contain a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the certifying board at a time and place not less
than 30 days after the date of service of the order, but in the case of a denial of renewal
of registration the show cause order shall be served not later than 30 days before the expiration
of the registration. These proceedings shall be conducted in accordance with the Alabama Administrative
Procedure Act and the procedures established by the respective...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/20-2-53.htm - 3K - Match Info - Similar pages
34-25-35
Section 34-25-35 Refusal, suspension, reprimand, probation, or revocation - Judicial review.
Any person dissatisfied with the action of the board in refusing his application or suspending
or revoking his license, or any other action of the board, may appeal the action of the board
by filing a petition within 30 days thereafter in the circuit court in the county where the
person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested
with jurisdiction and it shall be the duty of the court to set the matter for hearing upon
10-days' written notice to the board and the attorney representing the board. The court in
which the petition of appeal is filed shall determine whether or not a cancellation or suspension
of a license shall be abated until the hearing shall have been consummated with final judgment
thereon or whether any other action of the board should be suspended pending hearing, and
enter its order accordingly, which shall be operative when served...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-25-35.htm - 1K - Match Info - Similar pages
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