(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.
Structure Code of Alabama
Title 34 - Professions and Businesses.
Chapter 17A - Marriage and Family Therapists.
Section 34-17A-1 - Short Title.
Section 34-17A-2 - Legislative Intent.
Section 34-17A-3 - Definitions.
Section 34-17A-4 - Acts Prohibited.
Section 34-17A-5 - Exemptions.
Section 34-17A-6 - Creation of Board; Composition; Vacancies; Removal.
Section 34-17A-7 - Employees; Meetings; Powers.
Section 34-17A-8 - Application.
Section 34-17A-9 - Education and Experience Requirements (Prior to July 1, 1998)
Section 34-17A-10 - Education and Experience Requirements.
Section 34-17A-11 - Examinations.
Section 34-17A-12 - Persons Licensed or Certified in Other States.
Section 34-17A-13 - Fees; Duration of License; Renewal.
Section 34-17A-14 - Disciplinary Actions.
Section 34-17A-15 - Administrative Procedure.
Section 34-17A-16 - Promulgation of Rules, Regulations, and Procedures.
Section 34-17A-17 - Judicial Review.
Section 34-17A-18 - Expert Witnesses.
Section 34-17A-19 - Additional Remedy.
Section 34-17A-20 - Violation.
Section 34-17A-21 - Therapists - Privileged Communications; Exceptions.
Section 34-17A-22 - Therapists - Testimony in Alimony or Divorce Actions.
Section 34-17A-23 - Therapists - Duties and Liability.
Section 34-17A-24 - Annual Report.
Section 34-17A-25 - Alabama Board of Examiners in Marriage and Family Therapy Fund.