(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.
(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.)
Notes of Decisions
Cited in
7
cases, 1979–2015 · leading case:
Lumpkin v. State, 171 So. 3d 599 (Ala. 2014).
Lumpkin v. State, 171 So. 3d 599 (Ala. 2014).
· cites it 8× “1979), the Court of Civil Appeals held that the requirement in § 34-27-38, Ala.Code 1975, that a bond be filed when appealing a decision of the Alabama Real Estate Commission to the circuit court was merely procedural.”
Century 21, Etc. v. Ala. Real Est. Com'n, 401 So. 2d 764 (Ala. 1981).
· cites it 2× “), allowing suits thereunder either in Montgomery County or the county of the aggrieved party's residence; and 2) § 34-27-38the statute here under considerationdeals specifically with suspension or revocation proceedings.”
Mays v. Sabel Steel Servs., Inc., 500 So. 2d 467 (Ala. Civ. App. 1986).
· cites it 2× “*469 In Lambert the pertinent judicial review requirements of the specific agency statute there involved, Ala. Code (1975), § 34-27-38(c), did not conflict with § 41-22-20(d).”
Mallory v. Alabama Real Est. Comm'n, 369 So. 2d 23 (Ala. Civ. App. 1979).
“Mallory, acting pro se, filed notice of appeal to the circuit court on June 12, 1978, pursuant to § 34-27-38, Code of Alabama (1975). According to Mallory, he was unaware of the statute’s requirement that a $200 bond be posted with the circuit clerk in order to prosecute an…”
Tanner & Guin, LLC v. State Dep't of Revenue, 195 So. 3d 280 (Ala. Civ. App. 2015).
· cites it 8× “However, the language of § 34-27-38 at that time provided: ‘“Findings made by the commission are deemed conclusive, unless within 30 days after notice of the decision of the commission has been given to an applicant or accused, said applicant or accused shall appeal said finding…”
Lambert v. Alabama Real Est. Comm'n, 490 So. 2d 18 (Ala. Civ. App. 1986).
“Lambert had not filed any petition for review as was required by §§ 34-27-38 and 41-22-20(d) of the Code of Alabama of 1975.”
Simon v. State of Alabama Real Est. Comm'n, 607 So. 2d 1277 (Ala. Civ. App. 1992).
· cites it 2× “Nothing in this opinion should be construed as prohibiting the trial court from exercising its options as set out in Ala.Code 1975, § 34-27-38(d). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.”
Ala. Code § 34-27-38(c): 1 case
Mays v. Sabel Steel Servs., Inc., 500 So. 2d 467 (Ala. Civ. App. 1986).
“*469 In Lambert the pertinent judicial review requirements of the specific agency statute there involved, Ala. Code (1975), § 34-27-38(c), did not conflict with § 41-22-20(d).”
Ala. Code § 34-27-38(d): 1 case
Simon v. State of Alabama Real Est. Comm'n, 607 So. 2d 1277 (Ala. Civ. App. 1992).
“Nothing in this opinion should be construed as prohibiting the trial court from exercising its options as set out in Ala.Code 1975, § 34-27-38(d). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.”
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