Section 16-46-8 Enforcement proceedings. - Alabama Statutes

Section 16-46-8

Enforcement proceedings.

The Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, may institute such action of law or in equity as may be necessary to enforce this chapter. In addition to any other remedy under this chapter, the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, may apply for relief by injunction, mandamus, or any other appropriate remedy in equity without being compelled to allege or prove that an adequate remedy at law does not otherwise exist. The Alabama State Department of Education and the Alabama Department of Postsecondary Education are not required to give or post bond in any action to which it is party, whether upon appeal or otherwise. All legal actions shall be brought against the Alabama State Department of Education or the Alabama Department of Postsecondary Education, as appropriate, in the name of the Alabama State Board of Education or the Alabama Department of Postsecondary Education, as appropriate. The Alabama State Department of Education and the Alabama Department of Postsecondary Education, as appropriate, may institute an action by its own attorney, but each shall have the right, if it deems advisable, to call upon any assistant district attorney or district attorney to represent it in the circuit courts of this state or the Attorney General to represent it on appeal in the appellate courts of this state.

(Acts 1971, 3rd Ex. Sess., No. 87, p. 4299, §9; Acts 1980, No. 80-272, p. 349, §1; Act 2004-282, p. 388, §1.)