This text of Alabama § 12-26-9 (Time of Ruling; Hearing; Scope; Appeal; Negligent Hiring) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b)If the court determines that a hearing is not necessary, the court may rule without a hearing.
(c)If a hearing is held, the hearing shall be conducted in a manner prescribed by the trial judge and may include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact.
(d)In ruling on the petition, the court may cons
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(a) The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a hearing.
(c) If a hearing is held, the hearing shall be conducted in a manner prescribed by the trial judge and may include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact.
(d) In ruling on the petition, the court may consider the following factors, in addition to the information contained in the postsentence report:
(1) The nature and seriousness of the offense.
(2) The circumstances under which the offense occurred.
(3) Whether the offense or offenses for which the order is sought were the result of an isolated instance or a pattern of conduct.
(4) The relationship between the offense and collateral consequence or consequences from which the petitioner seeks relief.
(5) Available probation or parole records, reports, or recommendations.
(6) Evidence of previous orders of limited relief granted to the petitioner or prior expungement of the petitioner’s record.
(7) Any other matter the court deems relevant.
(e) The court shall grant the petition if the court is reasonably satisfied from the evidence that granting the petition will materially assist the petitioner in obtaining or maintaining employment and in living a law-abiding life, and will not pose an unreasonable risk to the safety or welfare of the public or any individual.
(f) There is no right to an order of limited relief, and any request for such an order may be denied at the sole discretion of the court.
(g) The ruling of the court shall be subject to direct appeal to the Alabama Court of Civil Appeals and shall not be reversed absent a showing of an abuse of discretion.
(h) When the court grants a petition for an order of limited relief, the petitioner shall be entitled to three copies of the order from the clerk’s office.
(i) When an order of limited relief is granted, an occupational licensing board, as defined in Section 41-9A-1, may still consider the conduct underlying the conviction upon which the order was granted, but the order of limited relief shall create a presumption of rehabilitation and fitness for obtaining a license as defined in Section 41-9A-1.
(j) In a judicial or administrative proceeding alleging negligent hiring, an order of limited relief granted to an individual pursuant to this section may be introduced as evidence of a person’s due care in hiring that individual if the person knew of the order of limited relief at the time of the alleged negligent hiring.
(k) In any proceeding on a claim against an employer for negligent hiring based upon the prior conviction of an employee, an order of limited relief granted to the employee pursuant to this section shall provide immunity for the employer with respect to the claim of negligent hiring if the employer knew of the order of limited relief at the time of the alleged negligent hiring. This subsection does not provide immunity to the employer for other claims related to the conduct of the employee.
(l) An employer who hires an individual who has been granted an order of limited relief is subject to suit in a civil action based on or relating to the retention of the individual as an employee only if:
(1) The individual, after being hired, demonstrates a danger to others or is subsequently convicted of a felony; and
(2) The individual is retained by the employer after the demonstration of danger to others or a subsequent conviction that is substantially similar to the conduct resulting in the prior conviction upon which the order of limited relief was granted.