Any interested person aggrieved by any rule, regulation or order made or promulgated by the board under this article and who may be dissatisfied therewith shall, within 30 days from the date said order, rule or regulation was promulgated, have the right, regardless of the amount involved, to institute a civil action by filing a complaint in the circuit court of the county in which all or part of the aggrieved person's property affected by any such rule, regulation or order is situated to test the validity of said rule, regulation or order promulgated by the board. Such civil action shall be advanced for trial and be determined as expeditiously as feasible, and no postponement or continuance thereof shall be granted except for reasons deemed imperative by the court. In such trials the validity of any rule, regulation or order made or promulgated under this article shall be deemed prima facie valid, and the court shall be limited in its consideration to a review of the record of the proceedings before the board, and no new or additional evidence shall be received.
The reviewing court shall limit its consideration to the following:
(1) Whether the rule, regulation or order is constitutional;
(2) Whether the rule, regulation or order was without or in excess of jurisdiction;
(3) Whether the rule, regulation or order was procured by fraud;
(4) Whether the rule, regulation or order is reasonable; and
(5) Whether the rule, regulation or order is unsupported by the evidence.
Structure Code of Alabama
Title 9 - Conservation and Natural Resources.
Article 1 - Conservation and Regulation of Production.
Section 9-17-2 - Declaration of Public Policy; Purpose of Article.
Section 9-17-3 - Oil and Gas Board - Created; Composition; Compensation and Members Emeritus.
Section 9-17-3.1 - Oil and Gas Board — Exemption From Sunset Law.
Section 9-17-5 - Oil and Gas Board - Representation in Litigation; Administration of Oaths.
Section 9-17-6 - Oil and Gas Board - Powers and Duties Generally.
Section 9-17-9 - State Oil and Gas Supervisor.
Section 9-17-10 - Employment of Personnel.
Section 9-17-11 - Waste Prohibited.
Section 9-17-12 - Limitations on Regulations; Drilling or Production Units; Producers' Shares.
Section 9-17-13 - Integration of Interests; Cycling Operations; Orders of Board; Procedures.
Section 9-17-15 - Judicial Review of Rules, Regulations or Orders.
Section 9-17-16 - Injunctions - Issuance Against Board, Etc.
Section 9-17-18 - Injunctions - Appeals.
Section 9-17-21 - Illegal Oil, Gas or Product - Sale, Acquisition, Processing, Handling, Etc.
Section 9-17-22 - Illegal Oil, Gas or Product - Seizure, Condemnation and Sale.
Section 9-17-24 - Notification Requirement; Hearing; Fees; Alabama Oil and Gas Board Special Fund.
Section 9-17-33 - Disposition of Proceeds From Sale of Oil or Gas Production.
Section 9-17-34 - Additional Definitions.
Section 9-17-35 - Tax Based on Gross Proceeds for Offshore Production.