Notice of Appeal and Petition for Judicial Review - Alabama

NOTICE OF APPEAL AND PETITION FOR JUDICIAL REVIEW

Filing Gate

Use the notice and petition below 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.

Standard for Statutory and Rule Interpretation

Under § 41-22-20(l), the reviewing court may consider the Agency's interpretation of a statute or rule but shall not defer to it or presume it correct. The court interprets the text using customary tools of interpretation. After using those tools, the court exercises any remaining doubt in favor of a reasonable interpretation. The 2026 amendment took effect 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

If interpretation of a statute or rule is disputed, Petitioner contends under § 41-22-20(l) that [identify text] means [proposed interpretation and supporting customary tools]. The Agency's interpretation is [identify]; the Court may consider it but should interpret the text without deference or a presumption that the Agency is correct.

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
• Ala. Code § 41-22-20, current section including subsection (l): https://alison.legislature.state.al.us/code-of-alabama?section=41-22-20
• Ala. Code § 41-22-17, rehearing: https://alison.legislature.state.al.us/code-of-alabama?section=41-22-17
• Alabama Legislature, Bill Search and enacted history for 2026 SB 167: https://alison.legislature.state.al.us/bill-search