Alabama § 34-27-38 Disciplinary Action - Appeals

Alabama Statutes

§ 34-27-38 — Disciplinary Action - Appeals

Alabama·Title 34 Professions and Businesses·Ch. 27 Real Estate Brokers·Art. 2 Licenses

(a)Findings of the commission are final unless within 30 days after the date of the commission’s final order, the applicant or accused files a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit court of the county of registration or the county in which the corporation has its principal place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal after the clerk has approved the appellant’s bond.

(b)An appeal does not act as supersedeas, but the decision of the commission may be stayed by the court pending such appeal.

(c)The commiss

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(a) Findings of the commission are final unless within 30 days after the date of the commission’s final order, the applicant or accused files a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit court of the county of registration or the county in which the corporation has its principal place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal after the clerk has approved the appellant’s bond.
(b) An appeal does not act as supersedeas, but the decision of the commission may be stayed by the court pending such appeal.
(c) The commission shall within 30 days of service of the notice of appeal, or within such additional time as the court may allow, file the record in the case with the circuit clerk. A complaint setting forth with particularity the issues raised on appeal shall be filed with the court and served on the commission by the appealing party within 30 days after the notice of appeal is filed. Thereafter the action shall be conducted in accordance with the Alabama Rules of Civil Procedure.
(d) The appeal shall be conducted by the court without a jury and shall be confined to the record. The commission’s decision shall be taken as prima facie just and reasonable and the court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact. The court shall affirm or reverse, in part or in whole, or modify the commission decision or remand the case to the commission for further proceedings.
If the commission decision is affirmed in whole or in part, the cost of the appeal shall be taxed against the party taking the appeal. If the decision of the commission is not affirmed, the court shall tax the costs of appeal against the commission.

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Legislative History

(Acts 1951, No. 422, p. 745, §14; Acts 1963, No. 290, p. 734, §1; Acts 1971, No. 2485, p. 3966, §14; Acts 1971, 3rd Ex. Sess., No. 310, p. 4599, §1; Acts 1975, No. 563, p. 1276, §1; Acts 1978, No. 654, p. 932, §1; Acts 1983, No. 83-516, p. 781, §1; Acts 1985, No. 85-750, p. 1204, §1.)