Professional Licensing Appeal - Alabama

ALABAMA PROFESSIONAL-LICENSING JUDICIAL-REVIEW PACKET

Board-specific law comes first. Do not assume every licensing board is an
AAPA agency or that § 41-22-20 supplies the exclusive review route. Identify
the profession, board, organic statute, board rules, order, and any special
appeal statute before using this packet.

AAPA judicial review is a two-step filing process: a notice of appeal or
review and cost bond or hardship waiver is filed with the agency, followed by
a petition in an authorized circuit court. Do not collapse both steps into a
single petition filed 30 days after the order.

CONTENTS

1. Board and Review-Route Gate
2. Deadline and Filing Worksheet
3. Notice of Appeal or Review
4. Petition for Judicial Review
5. License Stay Worksheet
6. Record and Review Plan
7. October 1, 2026 Transition
8. Official Sources

1. BOARD AND REVIEW-ROUTE GATE

A. Profession and board

B. AAPA coverage

Ala. Code § 41-22-3 excludes specified entities and proceedings. Confirm:

☐ The decision-maker is an "agency" under § 41-22-3(1).

☐ The proceeding is a qualifying contested case under § 41-22-3(3).

☐ No organic statute creates an exclusive or different review route.

☐ No consent order, settlement, waiver, or other agreement changes review.

☐ The order is final and the applicant is aggrieved.

Coverage conclusion and authority:

[____________________________________________________________]

C. Agency-specific differences

Do not use a generic Title 34 citation. Cite the exact chapter and section for
the profession.

2. DEADLINE AND FILING WORKSHEET

A. Exhaustion

Section 41-22-20(a) generally requires exhaustion of administrative remedies
available within the agency other than rehearing.

Required remedies other than rehearing:

[____________________________________________________________]

Completed on:

[____________________________________________________________]

B. Notice deadline under § 41-22-20(d)

Subject to board-specific law, the notice of appeal or review is filed within
30 days after receipt of notice or other service of the final decision. If
rehearing was requested, the period runs from receipt or service of the agency's
decision on rehearing.

C. Petition deadline

Section 41-22-20(d) separately states that the circuit-court petition is filed
within 30 days after filing the notice of appeal or review.

D. Cost bond or hardship waiver

Section 41-22-20(b) provides for a cost bond filed with the agency to cover
reasonable transcript-preparation costs, unless the agency or court waives it
on a showing of substantial hardship.

☐ Bond amount and form confirmed with agency.

☐ Bond filed with notice.

☐ Hardship waiver requested from [agency / court] under supported procedure.

E. Venue and service

Section 41-22-20(b) lists Montgomery County, the county where the agency
maintains headquarters, and—unless another statute provides otherwise—the
county where a non-intervenor party resides or a corporation has the specified
Alabama office.

Chosen venue and basis:

[____________________________________________________________]

The petition copies must be served on the agency and all parties of record.
Confirm any board-specific service requirement.

3. NOTICE OF APPEAL OR REVIEW

Before the [exact board / agency]

Agency docket / order number: [________________________________]

NOTICE OF APPEAL OR REVIEW UNDER ALA. CODE § 41-22-20

Licensee / Applicant: [________________________________]

Address: [________________________________]

Counsel and Alabama Bar number: [________________________________]

The Licensee gives notice of appeal or review of the final decision titled
[________________________________], entered on [__/__/____] and received or
served on [__/__/____].

The Licensee is aggrieved because:

[____________________________________________________________]

Administrative remedies available within the Agency, other than rehearing, were
exhausted as follows:

[____________________________________________________________]

The Licensee intends to file a petition for judicial review in the Circuit Court
of [________________________________] County based on [venue authority].

Enclosed:

☐ Cost bond in the form and amount required by the Agency.

☐ Supported request for waiver based on substantial hardship.

☐ Copy of final decision.

☐ Other item required by board-specific law: [________________________________].

Signature: ________________________________________

Printed name and capacity: [________________________________]

Date: [__/__/____]

Certificate of filing and service

I certify filing with [authorized agency recipient] by [authorized method] on
[__/__/____] and service on:

Signature: ________________________________________

4. PETITION FOR JUDICIAL REVIEW

In the Circuit Court of [________________________________] County, Alabama

Case No.: [________________________________]

PETITION FOR JUDICIAL REVIEW

Petitioner alleges:

A. Parties, decision, and action

1. Petitioner [________________________________] holds, held, or applied for
   [profession and license].

2. Respondent [exact board] is [state its statutory creation and AAPA status].

3. Respondent entered the final decision attached as Exhibit A on [__/__/____],
   imposing or affirming [exact action].

4. Petitioner received or was served with the decision on [__/__/____].

B. Jurisdiction, exhaustion, and venue

5. Judicial review is authorized by [§ 41-22-20 and exact profession-specific
   statute].

6. Petitioner exhausted available administrative remedies within the Agency,
   other than rehearing, by [________________________________].

7. Petitioner filed the notice of appeal or review and [cost bond / hardship
   waiver] with the Agency on [__/__/____], within the applicable period.
   Proof is attached as Exhibit B.

8. This Petition is filed within 30 days after that notice.

9. Venue is proper in this Court because [state the exact § 41-22-20(b) or
   profession-specific basis].

C. Petition contents under § 41-22-20(h)

10. Nature of agency action:

[____________________________________________________________]

11. Particular action appealed:

[____________________________________________________________]

12. Facts and law supporting jurisdiction and venue:

[____________________________________________________________]

13. Grounds for relief:

[____________________________________________________________]

14. Relief sought:

[____________________________________________________________]

D. Enumerated review grounds

Use only grounds supported by the record and version of § 41-22-20 operative on
the review date.

☐ Violation of constitutional or statutory provisions.

☐ Action in excess of statutory authority.

☐ Violation of a pertinent agency rule.

☐ Action made upon unlawful procedure.

☐ Other error of law.

☐ Action clearly erroneous in view of reliable, probative, and substantial
evidence on the whole record.

☐ Action unreasonable, arbitrary, or capricious, or characterized by abuse of
discretion or clearly unwarranted exercise of discretion.

Detailed ground, record citation, authority, prejudice, and relief:

[____________________________________________________________]

[____________________________________________________________]

E. Prayer

Petitioner asks the Court to grant relief authorized by the operative
§ 41-22-20 and profession-specific law, including:

[____________________________________________________________]

Respectfully submitted,

________________________________________

[Attorney / address / telephone / email / Alabama Bar number]

Certificate of service

I certify that on [__/__/____], copies were served on the Agency and all parties
of record by the authorized methods below:

Signature: ________________________________________

5. LICENSE STAY WORKSHEET

Filing the notice or petition does not itself stay enforcement.

For an agency decision that suspends or revokes a license, § 41-22-20(c) states
that a stay or supersedeas shall be granted as a matter of right on reasonable
conditions unless the reviewing court, on the Agency's petition, determines
that a stay would constitute a probable danger to public health, safety, or
welfare.

This statutory category does not automatically cover a license denial,
nonrenewal, fine, probation term, cease-and-desist order, or another action.

Do not paste a generic four-factor injunction test or automatic bond percentage.
Research the operative statute, board rule, and court procedure.

Requested stay

Petitioner requests a stay under [exact authority] on these conditions:

[____________________________________________________________]

Response to any probable-danger contention:

[____________________________________________________________]

6. RECORD AND REVIEW PLAN

A. Agency transmission under § 41-22-20(g)

The Agency generally transmits the original or certified record and transcript
within 30 days after receiving the notice of appeal, subject to additional time
allowed by the Court.

B. Additional evidence under § 41-22-20(i)

Outside trial-de-novo review, the reviewing court ordinarily does not accept
new evidence on factual issues entrusted to the Agency. The statute separately
addresses fraud, misconduct, procedural irregularities not shown in the record,
and a pre-hearing remand for material additional evidence when good reasons
explain failure to present it below.

Do not label § 41-22-20(g) as the additional-evidence section.

C. Scope

Review is without a jury and generally confined to the record under
§ 41-22-20(j), subject to the statute's exceptions and specific trial-de-novo
routes. Determine whether profession-specific law changes the scope.

7. OCTOBER 1, 2026 TRANSITION

As of August 15, 2026, the operative § 41-22-20(k) includes specified
presumption and non-substitution language and seven enumerated grounds for
relief.

Act 2026-319, enacted as SB 167 and effective October 1, 2026, removes specified
presumptions and non-substitution language and adds instructions governing
court consideration of agency statutory and regulatory interpretations. The
future Code version retains the enumerated grounds in subsection (k) and places
the new interpretation provision in subsection (l).

Apply the version operative on the review date. Do not describe board deference,
fact review, legal interpretation, or the court's authority from the
pre-October text after the effective date.

8. OFFICIAL SOURCES

• Ala. Code § 41-22-3:
  https://alison.legislature.state.al.us/code-of-alabama?section=41-22-3

• Ala. Code § 41-22-20:
  https://alison.legislature.state.al.us/code-of-alabama?section=41-22-20

• Official Alabama Legislature record for SB 167 / Act 2026-319:
  https://alison.legislature.state.al.us/bill-search

This packet is informational only and requires review and customization by a
qualified Alabama attorney and confirmation of the profession-specific appeal
route.