Opinion

Mays v. Sabel Steel Services, Inc.

  • 500 So. 2d 467
Court
Court of Civil Appeals of Alabama
Filed
Aug 13, 1986
Status
Published
Author
Holmes
On the bench
Holmes
Cited by
3 cases
Authority
More cited than 15.1%

The opinion

On application for rehearing the claimant relies on Lambert v. Alabama Real Estate Commission , 490 So.2d 18

(Ala.Civ.App. 1986), as authority for his contention that the thirty-day time limit of Ala. Code (1975), § 41-22-20 (d), applies, rather than the ten-day time limit of Ala. Code (1975), § 25-4-95 . Specifically, the claimant contends that " Lambert demonstrates that any statute inconsistent with § 41-22-20 (d) has been replaced." We disagree. *Page 469

In Lambert the pertinent judicial review requirements of the specific agency statute there involved, Ala. Code (1975), § 34-27-38 (c), did not conflict with § 41-22-20 (d). Thus, this court was not faced with the issue it confronts in this case — whether the judicial review provisions of the AAPA or those of a specific agency statute, here § 25-4-95 , govern where the latter is in conflict with the AAPA. It is this court's opinion that in such a situation the specific agency statute governs, not the AAPA.

OPINION EXTENDED; APPLICATION FOR REHEARING OVERRULED.

WRIGHT, P.J., and BRADLEY, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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