Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within 30 days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon 10-days' written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order. The board shall be represented in such appeals by the district attorney of the county or the Attorney General, or any of their assistants. The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board's determination:
(1) Is not based upon substantial evidence upon the entire record;
(2) Is arbitrary or capricious;
(3) Is in violation of statutory requirement; or
(4) Was made without affording the licensee or applicant due process of law.
Structure Code of Alabama
Title 34 - Professions and Businesses.
Chapter 25 - Polygraph Examiners.
Section 34-25-20 - Required; Unauthorized Practice.
Section 34-25-21 - Qualifications of Examiner; Bond.
Section 34-25-22 - Applications for Original License; Background Checks; Disclosure of Information.
Section 34-25-23 - Nonresident Applicants.
Section 34-25-24 - Applicant With Out-of-State License.
Section 34-25-25 - Internship License.
Section 34-25-26 - Examination and License Fees.
Section 34-25-27 - Display of License; Signature Thereon.
Section 34-25-28 - Change of Business Address.
Section 34-25-29 - Termination and Renewal of Examiner's License.
Section 34-25-30 - License Required to Maintain Action.
Section 34-25-32 - Refusal, Suspension, Reprimand, Probation, or Revocation - Grounds.
Section 34-25-34 - Refusal, Suspension, Reprimand, Probation, or Revocation - Hearing.
Section 34-25-35 - Refusal, Suspension, Reprimand, Probation, or Revocation - Judicial Review.
Section 34-25-36 - Refusal, Suspension, Reprimand, Probation, or Revocation - Surrender of License.