Alabama § 45-39-40.26 - Decisions of Board; Appeals.

Full text of Alabama Code of Alabama § 45-39-40.26 — Decisions of Board; Appeals., with citation guidance and answers to common questions.

§ 45-39-40.26. Decisions of Board; Appeals.

(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.

(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.

Source: official Alabama text · Last verified 2026-08-27

Frequently Asked Questions About Alabama § 45-39-40.26

What does Code of Alabama § 45-39-40.26 cover?

Section 45-39-40.26 ("Decisions of Board; Appeals.") 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 § 45-39-40.26?

A common citation format is "Code of Alabama § 45-39-40.26" (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 § 45-39-40.26 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.