Alabama Code 2-31-15. Judicial review of ruling of commissioner; appeal from circuit court
Terms Used In Alabama Code 2-31-15
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
Within 10 days after the conclusion of the hearing the commissioner shall notify all parties of his ruling. Said notification shall be in writing. Within 30 days after notification any party may appeal the commissioner’s ruling to the Circuit Court of Montgomery County. The appeal shall be heard only on the certified record of the hearing and the commissioner’s ruling shall be considered prima facie just and correct and shall not be overturned unless the circuit court finds that the commissioner’s action was arbitrary and capricious, not supported by the weight of the evidence or that the commissioner erred to the prejudice of the appellant’s substantial rights in his application of the law.
Appeals from action by the circuit court shall be directly to the Alabama Court of Civil Appeals and no security for costs shall be required of the commissioner.