Alabama § 34-17A-17 - Judicial Review.
Full text of Alabama Code of Alabama § 34-17A-17 — Judicial Review., with citation guidance and answers to common questions.
§ 34-17A-17. Judicial Review.
(a) A person who has exhausted all administrative remedies available within the board and who is aggrieved by a final decision of the board is entitled to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately reviewable only if review of the final board action would not provide an adequate remedy.
(b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery County within 30 days after service of the final decision of the board. Copies of the petition for review shall be served upon the board and the parties of record.
(c) The filing of the petition does not stay enforcement of the decision of the board. The board may grant, or the reviewing court may order, a stay upon appropriate terms.
(d) The review shall be conducted by the court without a jury and shall be confined to the record.
(e) The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court may affirm the decisions of the board or remand the case for further proceedings.
(f) The court may reverse or modify the decision of the board if substantial rights of the appellant have been prejudiced because the disciplinary action of the board involves any of the following circumstances:
(1) A violation of constitutional or statutory provisions.
(2) An excess of the statutory authority of the board.
(3) An unlawful procedure.
(4) An error of law.
(5) A finding unsupported by substantial evidence on the record as a whole.
(6) A finding that is arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Frequently Asked Questions About Alabama § 34-17A-17
What does Code of Alabama § 34-17A-17 cover?
Section 34-17A-17 ("Judicial Review.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 34-17A-17?
A common citation format is "Code of Alabama § 34-17A-17" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 34-17A-17 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.