§ 45-49-120.33 — Court Proceedings

Alabama § 45-49-120.33

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 49: Mobile County
• Art. 12: Employees
• Part 1: Civil Service System

Text

Orders of the personnel director and personnel board may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings in a court of competent jurisdiction. Any person directly interested, within 14 days, may appeal to the Circuit Court of Mobile County from any order of the board, by filing notice thereof with the board, whereupon the board shall certify to a transcript of the proceedings before it and file the same in court. Only findings of fact of the board contained in the transcript, if supported by substantial evidence adduced before the board or before its personnel director after hearing and upon notice to the interested party or parties, and after affording the parties an opportunity to be heard, shall be conclusive on appeal. The issues on appeal shall be made up under the direction of the court within 30 days after the transcript is filed therein, and the trial shall proceed on the evidence contained in the transcript, if it appears therefrom that the evidence was taken after such notice and opportunity to be heard. If upon appeal, the court finds that the ruling, order, or action appealed from is unlawful or unreasonable within the meaning of this part, the court shall vacate or modify the same.

Legislative History

(Acts 1939, No. 470, p. 298, § 34; Act 2004-105, p. 145, § 1.)