The circuit court hearing an appeal shall use the procedures that apply to criminal proceedings with the following qualifications:

(1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard.
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Terms Used In Alabama Code 45-37-210.28

  • 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.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(2) If the person is adjudicated by the circuit court to be responsible for payment of a civil penalty, circuit court costs shall be owed by the person adjudicated responsible, with 100 percent of those court costs retained by the circuit court. Court costs in the circuit court shall be calculated as are court costs for criminal appeals from the district court, and in the event the circuit court finds the person appealing to not be responsible, no court costs shall be owed to the county commission.
(3) Regardless of the civil nature of the proceedings, the circuit court, in its discretion and for its administrative convenience, may assign case numbers as for criminal appeals and place the appeals on criminal dockets
(4) The circuit court shall sit as trier of both fact and law in the civil proceedings in the circuit court.
(5) The county commission shall be responsible for providing an attorney to represent the county commission and to prosecute the civil proceedings in the circuit court.
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