2006 Alabama Code - Section 32-7-3 — Administration of chapter; appeal to court.

(a) Director to administer chapter. The director shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration and shall provide for hearings upon the request of persons aggrieved by orders or acts of the director under the provisions of this chapter.

(b) Appeal to court. At any time within 60 days after the rendition of any order or decision by the director under the provisions of this chapter, any party in interest may appeal to the circuit court in and for any county in the State of Alabama wherein any party in interest may reside, or in which any party in interest which is a corporation may have its principal office or place of business, and said appeal may be for the purpose of having the lawfulness of any order, decision or act of the said director inquired into and determined. The court shall determine whether the filing of an appeal shall operate as a stay of any order or decision of the director. Said appeal shall be taken by serving written notice of said appeal upon the director, which said service shall be made by delivering a copy of such notice to the director and filing the original thereof with the clerk of the court to which said appeal is taken and upon giving bond with sureties to be approved by the said clerk of said court, payable to the State of Alabama, conditioned to pay all costs created by said appeal. A copy of such notice must also be served upon all other parties in interest, if there be any, by mailing the same to said parties in interest to such addresses of such parties as such parties shall have left with the director. If such parties shall have left no address with the director, then no service on such parties shall be required. The order of filing and service of said notice is immaterial. The director shall, within 10 days after receipt of said notice, prepare and file with the clerk of said court a true and correct copy of the order or decision appealed from together with a complete transcript of all the proceedings had by him with reference to the order, decision or act appealed from, together with all official forms or documents in the possession of said director pertaining to said order, decision or act. Immediately upon the return of such matter, the court shall fix a day for the hearing of said appeal and shall cause notice to be served upon the director and upon the appellant and also upon any other parties in interest upon whom service was required under the provisions of this section. The trial upon appeal to said circuit court shall be de novo, and said court shall render judgment confirming, modifying or setting aside the order or decision of the director or, in its discretion, may remand the case to the director for proceedings in conformity with the direction of the court. From the judgment of the circuit court either party may appeal to the Supreme Court of Alabama, as in civil cases.

(Acts 1951, No. 704, p. 1224, §2.)