parties conduct another hearing (Alabama) · Go Syfert
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parties conduct another hearing in Alabama

10 Alabama opinions name it 1 courts 2006–2012 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Ex Parte Wilsongreen
ala · 2007 · cited in 2 Alabama opinions naming this issue, 2008–2012
2 sentences

2012Standard of Review Former § 16-24-10(b) provided that “Itjhe decision of the hearing officer shall be affirmed on appeal unless the Court of Civil Appeals finds the decision arbitrary and capricious, in which case the court may order that the parties conduct another hearing consistent with the procedures of this article.” If this court determines that the hearing officer’s decision failed to follow the applicable law, however, it “ha[s] the authority to reverse the decision ... because the failure to follow the applicable law renders the hearing officer’s decision arbitrary and capricious.” Ex

2008Standard of Review Section 16-24-10(b), Ala.Code 1975, provides that “[t]he decision of the hearing officer shall be affirmed on appeal unless the Court of Civil Appeals finds the decision arbitrary and capricious, in which case the court may order that the parties conduct another hearing consistent with the procedures of this article.” “The Court of Civil Appeals [has] the authority to reverse the decision of the hearing officer for failing to follow the applicable law, because the failure to follow the applicable law renders the hearing officer’s decision arbitrary and capricious.” Ex parte

22
Montgomery County Board of Education v. Webbgreen
ala · 2009 · cited in 1 Alabama opinions naming this issue, 2012–2012
1 sentence

2012See also Ex parte Webb, 53 So.3d 121, 127 (Ala.2009).

11
American Bankers Life Assurance Co. v. RICE ACCEPTANCE CO., INC.green
ala · 1999 · cited in 1 Alabama opinions naming this issue, 2010–2010
1 sentence

2010American Bankers Life Assurance Co. v. Rice Acceptance Co., 739 So.2d 1082, 1084 (Ala.1999).

11
Montgomery County Department of Human Resources v. C.R.green
alacivapp · 2008 · cited in 1 Alabama opinions naming this issue, 2009–2009
1 sentence

2009In Bishop State, this court "reverse[d] the hearing officer's decision and remand[ed] the cause to the original hearing officer. " 4 So.3d at 1162 (emphasis added).

11
Bishop State Community College v. Williamsgreen
alacivapp · 2008 · cited in 1 Alabama opinions naming this issue, 2009–2009
1 sentence

2009In Bishop State, this court “reversefd] the hearing officer’s decision and remand[ed] the cause to the original hearing officer.” 4 So.3d at 1162 (emphasis added).

11
Ex Parte Alabama Bd. of Exm'rs in Counselinggreen
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2008–2008
1 sentence

2008In an FDA case, the hearing officer’s statutory authority — and thus his subject-matter jurisdiction, see Ex parte Alabama Bd. of Exam’rs in Counseling, 796 So.2d 355, 358 (Ala.2000) — is derived from two provisions of the FDA, § 36-26-102, Ala. Code 1975, and § 36-26-104(a), Ala.Code 1975.

11
Alabama Dept. of Human Resources v. Dyegreen
alacivapp · 2005 · cited in 1 Alabama opinions naming this issue, 2006–2006
1 sentence

2006Section 16-24-10(b), Ala.Code 1975, provides that "[t]he decision of the hearing officer shall be affirmed on appeal unless the Court of Civil Appeals finds the decision arbitrary and capricious, in which case the court may order that the parties conduct another hearing consistent with the procedures of this article." The statute mandates an extremely deferential standard of review for a hearing officer's decision in a teacher-tenure case. "`The scope of review under the "arbitrary and capricious" standard is "narrow, and a court is not to substitute its judgment for that of the [tribunal whos

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
In Re Soleyn green
ala · 2009
2 sentences

2012Ex parte Soleyn, 33 So.3d 584 , 587 (Ala.2009).

2010Ex parte Soleyn, 33 So.3d 584 , 587 (Ala.2009).

22010–2012
Madison County Bd. of Educ. v. Wilson green
alacivapp · 2006
2 sentences

2008In pertinent part, § 16-24-10(b) provides that "[t]he decision of the hearing officer shall be affirmed on appeal unless the Court of Civil Appeals finds the decision arbitrary and capricious, in which case the court may order that the parties conduct another hearing consistent with the procedures of this article." Because this court found the hearing officer's order to be arbitrary and capricious, we "reverse[d] the hearing officer's decision and remand[ed] the cause for the parties to conduct another hearing consistent with the provisions of the Teacher Tenure Act." Wilson, 984 So.2d at 1160

2008In pertinent part, § 16-24-10(b) provides that “[t]he decision of the hearing officer shall be affirmed on appeal unless the Court of Civil Appeals finds the decision arbitrary and capricious, in which case the court may order that the parties conduct another hearing consistent with the procedures of this article.” Because this court found the hearing officer’s order to be arbitrary and capricious, we “reverse[d] the hearing officer’s decision and re-mandfed] the cause for the parties to conduct another hearing consistent with the provisions of the Teacher Tenure Act.” Wilson, 984 So.2d at 116

12008–2008
Prometheus Radio Project v. Federal Communications Commission green
ca3 · 2004
1 sentence

2006Section 16-24-10(b), Ala.Code 1975, provides that "[t]he decision of the hearing officer shall be affirmed on appeal unless the Court of Civil Appeals finds the decision arbitrary and capricious, in which case the court may order that the parties conduct another hearing consistent with the procedures of this article." The statute mandates an extremely deferential standard of review for a hearing officer's decision in a teacher-tenure case. "`The scope of review under the "arbitrary and capricious" standard is "narrow, and a court is not to substitute its judgment for that of the [tribunal whos

12006–2006

Statutes the citing opinions construe

AL § Ala. Code § 16-24-10 (6) AL § Ala. Code § 36-26-104 (6) AL § Ala. Code § 16-24-1 (5) AL § Ala. Code § 36-26-100 (5) AL § Ala. Code § 16-24-20 (4) AL § Ala. Code § 16-24-9 (3) AL § Ala. Code § 36-26-102 (3) AL § Ala. Code § 36-26-103 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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