Within 30 days after the decision of the board of appeals has become final, any party to the proceeding including the secretary who claims to be aggrieved by the decision may secure a judicial review thereof by filing a notice of appeal in the circuit court of the county of the residence of the claimant; except, that if the claimant does not reside in this state at the time the appeal is taken, the notice of appeal shall be filed in the circuit court of the county in this state in which the claimant last resided, or in the circuit court of the county in this state wherein the claimant last worked. In such action, the notice of appeal need not be verified, but shall state the grounds upon which a review is sought. A copy shall be served upon the secretary or upon such person as the secretary may designate (and for the purpose hereof, mailing a copy addressed to the secretary at Montgomery by registered or certified mail shall be deemed service on the secretary), and such service shall be deemed completed service on all parties, but there shall be left with the parties so served as many copies of the notice of appeal as there are defendants, and the secretary shall forthwith mail one copy to each defendant. The secretary shall cause to be certified and filed in the said court all documents and papers introduced in evidence before the Board of Appeals or appeals tribunal, together with the findings of fact and the decision of the Board of Appeals or the appeals tribunal, as the case may be. No circuit court shall permit an appeal from a decision allowing or disallowing a claim for benefits unless the decision sought to be reviewed is that of an appeals tribunal or of the board of appeals and unless the person filing such appeal has exhausted his administrative remedies as provided by this chapter. Trial in the circuit court shall be de novo. Actions under this chapter shall be tried by any judge of the circuit court to whom application is made at any location in said circuit, and shall be given precedence over all other civil cases except cases arising under Chapter 5 of this title. An appeal may be taken from the decision of the circuit court in the same manner as is provided in civil cases. It shall not be necessary in any judicial proceeding, under this section, to enter exceptions to the rulings of the board of appeals or the appeals tribunals, as the case may be, and no bond shall be required before entering such appeal. Upon the final determination of such judicial proceeding, the board of appeals shall enter an order in accordance with such determination.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §221; Acts 1957, No. 298, p. 381; Acts 1995, No. 95-311, p. 582, §2.)
Notes of Decisions
Ex Parte Gen. Motors Corp., 800 So. 2d 159 (Ala. 2000).
· cites it 20× “There Hilley moved to dismiss the appeal, arguing that § 25-4-95 required that the appeal be brought in the county of the claimant's residence, and pointing out that Hilley was a resident of Tuscaloosa County.”
Ex Parte Chapman Nursing Home, Inc., 903 So. 2d 813 (Ala. 2004).
· cites it 9× “See Ala.Code 1975, § 25-4-95. An appeal of the determination of the board of appeals is conducted as a trial de novo.”
Ex Parte Doty, 564 So. 2d 443 (Ala. 1989).
· cites it 9× “We granted our writ of certiorari in Ex parte Doty on February 22, 1989, and in Ex parte Hooks on April 19, 1989, and consolidated these cases for the purpose of disposing of one issue: Does Ala.Code 1975, § 25-4-95, require service upon the director of the Department of…”
Tyson Foods, Inc. v. Thompson, 719 So. 2d 847 (Ala. Civ. App. 1998).
· cites it 11× “1979), this court considered whether compliance with § 25-4-95's requirement that an appeal from a decision of the Department's Board of Appeals be taken to the circuit court in the county of the claimant's residence was necessary to invoke subject matter jurisdiction to review…”
Guthrie v. Alabama Dep't of Labor, 160 So. 3d 815 (Ala. Civ. App. 2014).
· cites it 12× “Guthrie argues in her brief to this court that the trial court improperly dismissed her appeal of the denial of unemployment-compensation benefits based upon a misapplication of § 25-4-95, Ala.Code 1975, which provides, in pertinent part: “Within 30 days after the decision of…”
Mays v. Sabel Steel Servs., Inc., 500 So. 2d 467 (Ala. Civ. App. 1986).
· cites it 10× “Ala. Code (1975) § 25-4-95, provides that an appeal of a decision of the board of appeals must be taken within ten days after such decision becomes final.”
Arlington Props., Inc. v. Brown, 83 So. 3d 503 (Ala. Civ. App. 2010).
· cites it 9× “At that time, Ala. Code 1975, § 25-4-95, a part of the Unemployment Compensation Act, § 25-4-1 et seq.”
Thompson v. City of Florence, 554 So. 2d 435 (Ala. 1989).
· cites it 8× “Code 1975, § 25-4-95, from a decision of the board of appeals for the Department of Industrial Relations in which the board found that Taylor was obligated to reimburse the Department for overpayment of unemployment compensation benefits.”
Alabama Dep't of Pub. Saf. v. Barbour, 5 So. 3d 601 (Ala. Civ. App. 2008).
· cites it 4× “2000), the supreme court considered the question whether § 25-4-95, Ala.Code 1975, established the court having subject-matter jurisdiction over an appeal from the State Board of Appeals concerning claims for unemployment compensation or merely declared the appropriate venue for…”
Lumpkin v. State, 171 So. 3d 599 (Ala. 2014).
· cites it 3× “However, the language and structure of § 25-4-95 is fundamentally similar to § 34-27-38 and was therefore subject to being similarly interpreted: “ ‘Within ten days[ 2 ] after the decision of the Board of Appeals has become final, any party to the proceeding including the…”
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