(a) Findings made by the board are deemed conclusive, unless within 30 days after notice of the decision of the board has been given an aggrieved party, the aggrieved person shall appeal the finding or ruling to the circuit court of the county of his or her residence or to the Circuit Court of Lauderdale County. In the event of such appeal, the circuit court shall hear the same de novo. The appeal shall be taken by the filing with the board of a letter stating the aggrieved person’s desire to appeal the findings, and the letter shall specify whether the appeal is taken to the circuit court of the county of his or her residence or to the Circuit Court of Lauderdale County. The aggrieved person shall have a right to demand trial by jury by demanding same at the time of the filing with the board of the notice of appeal. The action of the board shall be stayed pending appeal. The circuit court shall have the right to affirm, reverse, or affirm in part or reverse in part the finding of the board and shall render such final judgment as the court may deem just and proper.
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Terms Used In Alabama Code 45-39-40.26

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) In the event the decision of the board is affirmed, the cost of appeal shall be taxed against the party taking the appeal. In the event the decision of the board is not affirmed in whole, the court, in its discretion, shall tax such cost of appeal against the board or against the person taking the appeal or partly against each; and the court, in its discretion, may award a reasonable attorney’s fee to the attorney for the party taking the appeal as part of such cost, in the event the decision of the board is not affirmed in whole.
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