Notice of Appeal and Petition for Judicial Review - Alabama

NOTICE OF APPEAL AND PETITION FOR JUDICIAL REVIEW

Filing Gate

This is a preparation worksheet for review under Ala. Code § 41-22-20. Confirm that no agency-specific statute supplies a different procedure.

Under § 41-22-20(d), file the notice of appeal or review within 30 days after receipt or service of the final decision, or within 30 days after receipt or service of the rehearing decision when rehearing is requested. File the circuit-court petition within 30 days after filing the notice. Do not treat the petition as a substitute for the agency-filed notice and cost bond.

October 1, 2026 Transition Alert

Enacted 2026 SB 167 amends § 41-22-20 effective October 1, 2026. It adds an express rule for independent judicial interpretation of statutes and rules. This template states the law in force on July 20, 2026. Recheck the statute if any filing, briefing, hearing, or decision will occur on or after October 1, 2026.

Notice Filed with Agency

BEFORE [FULL AGENCY NAME]

Agency Case No.: [________________________________]

[PETITIONER NAME], Appellant/Petitioner

v.

[OTHER PARTY NAME, IF ANY], Appellee/Respondent

Notice is given that [PETITIONER NAME] seeks judicial review of the final decision entered by [AGENCY NAME] on [__/__/____] and received or served on [__/__/____].

The review will be sought in the Circuit Court of [COUNTY] County, Alabama.

☐ Cost bond enclosed

☐ Agency waiver obtained

☐ Court or agency hardship waiver requested

Dated: [__/__/____]

Signature: ______________________________

Circuit-Court Caption

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ALABAMA

[PETITIONER NAME], Petitioner

v. Civil Action No. __________

[AGENCY NAME], Respondent

PETITION FOR JUDICIAL REVIEW

Petitioner alleges:

1. Petitioner is [name, address, and status] and was a party aggrieved by the final decision in Agency Case No. [number].

2. Respondent [agency] issued the final decision on [__/__/____]. A copy is attached as Exhibit A.

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

4. Petitioner exhausted available administrative remedies other than rehearing by [describe].

5. Petitioner filed a notice of appeal or review and the required cost bond or waiver with the Agency on [__/__/____]. A copy is attached as Exhibit B.

6. Venue is proper because:

☐ this is the Circuit Court of Montgomery County;

☐ the Agency maintains its headquarters in this county;

☐ a non-intervenor individual party resides in this county; or

☐ a non-intervenor corporate party has its Alabama registered office or principal place of business in this county.

7. The agency action under review is: [concise description].

8. The particular ruling challenged is: [identify order and challenged portions].

9. Jurisdiction and venue are based on: [facts and law].

10. Relief is sought on these grounds:

☐ constitutional or statutory violation

☐ action beyond the Agency's statutory authority

☐ violation of a pertinent agency rule

☐ unlawful procedure

☐ other error of law

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

☐ unreasonable, arbitrary, or capricious action, abuse of discretion, or clearly unwarranted exercise of discretion

11. Petitioner requests that the Court [affirm in part / remand / reverse / modify / grant other appropriate relief].

WHEREFORE, Petitioner requests the relief stated above and any other appropriate legal or equitable relief authorized by § 41-22-20.

Dated: [__/__/____]

Signature: ______________________________

Name / Alabama Bar No.: [________________________________]

Address / Telephone / Email: [________________________________]

Service

Serve copies of the petition on the Agency and every party of record. Record completion here:

Stay Request

Filing does not itself stay the decision. A license suspension or revocation receives a stay or supersedeas as a matter of right on reasonable conditions unless the reviewing court finds probable danger to public health, safety, or welfare. In other cases, request a stay from the Agency or reviewing court on appropriate terms. Rate cases have additional bond requirements.

☐ No stay requested

☐ Agency stay requested on [__/__/____]

☐ Court stay motion prepared

Record and Filing Checklist

☐ Notice and bond or waiver filed with Agency

☐ Petition filed within the second 30-day period

☐ Agency named as respondent

☐ Nature of action, challenged action, jurisdiction/venue, grounds, and relief stated

☐ Decision and notice attached

☐ All parties of record served

☐ Relevant record designated and transcript cost addressed

☐ Stay handled separately if needed

Sources and References

• Alabama Legislature, 2026 SB 167, enrolled text reproducing and amending Ala. Code § 41-22-20; effective October 1, 2026: https://alison.legislature.state.al.us/files/pdf/SearchableInstruments/2026RS/SB167-enr.pdf
• Alabama Legislature, Bill Search and enacted history for 2026 SB 167: https://alison.legislature.state.al.us/bill-search