PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION

(Ala. Code Section 41-22-20)

CAPTION

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA
[PETITIONER/LICENSEE], Petitioner,
v.
[AGENCY/BOARD NAME], Respondent.
Case No.: [___]

INTRODUCTION

• Petition for judicial review challenging Respondent's [Denial/Discipline/Suspension/Revocation] of [License Type] issued [DATE] pursuant to the Alabama Administrative Procedure Act, Ala. Code Section 41-22-20.

JURISDICTION, VENUE, AND TIMELINESS

• Jurisdiction under Ala. Code Section 41-22-20; venue proper in [County] Circuit Court (county where petitioner resides, where agency has its headquarters, or Montgomery County).
• Petition timely under Ala. Code Section 41-22-20(d) (30 days from service of final order unless otherwise specified).
• Administrative remedies exhausted per Ala. Code Section 41-22-20(a).

PARTIES

• Petitioner [Name], license number [___].
• Respondent [Agency/Board], state agency located at [Address].

PROCEDURAL HISTORY

• Summary of accusation/notice, hearing date(s), ALJ proposed decision (if applicable), Board adoption/modification, and service of final decision on [DATE].

STANDARD OF REVIEW AND GROUNDS (Ala. Code Section 41-22-20(k))

The court may reverse or modify the agency decision if the petitioner's substantial rights have been prejudiced because the agency action is:
- ☐ In violation of constitutional or statutory provisions
- ☐ In excess of the statutory authority of the agency
- ☐ In violation of a rule of the agency
- ☐ Made upon unlawful procedure
- ☐ Affected by other error of law
- ☐ Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record
- ☐ Unreasonable, arbitrary, or capricious
- ☐ An abuse of discretion

ALLEGATIONS (SUMMARY)

• [Facts showing evidentiary gaps, legal errors, bias, or procedural defects].

RELIEF REQUESTED

• Reverse or modify the agency decision and [reinstate license/issue license/remand].
• Stay enforcement pending review per Ala. Code Section 41-22-20(h).
• Costs and other relief as just.

ADMINISTRATIVE RECORD

• Request preparation/certification of the administrative record per Ala. Code Section 41-22-20(f); Petitioner will arrange for record filing and pay costs as required.
• The agency shall prepare the record within 30 days unless extended.

VERIFICATION AND SIGNATURE

• Verification per Alabama Rules of Civil Procedure; signature of Petitioner/counsel; proof of service on Respondent and Alabama Attorney General (if required by statute).

[// GUIDANCE: For Alabama licensing appeals, note that Ala. Code Section 41-22-20(h) permits the court to stay enforcement upon appropriate terms. The standard of review is deferential unless findings are clearly erroneous or the decision is arbitrary.]