Sentences with phrase «section of administrative law»

IDENTIFIER: http://ceri.law.cornell.edu/erm-comm.php CREATOR: American Bar Association Section of Administrative Law & Regulatory Practice, Committee on the Status & Future of Federal e-Rulemaking.

Chair, Food and Drug Committee (1976 - 1986 and 1995 - 1999), and Member of Section Council (1973 - 1976), Section of Administrative Law and Regulatory Practice, American Bar Association

Not exact matches

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.)(RFA) imposes certain requirements with respect to Federal Rules that are subject to the notice and comment requirements of section 553 (b) of the Administrative Procedure Act (5 U.S.C. 551 et seq.) or any other laws.

Any Employee regularly employed on a full - time or part - time (20 hours or more per week on a regular schedule) basis, or on any other basis as determined by the Corporation (if required under applicable local law) for purposes of the Non-423 Plan or any separate offering under the Code Section 423 Plan, by the Corporation or by any Designated Affiliate on an Entry Date shall be eligible to participate in the Plan with respect to the Offering Period commencing on such Entry Date, provided that the Committee may establish administrative rules requiring that employment commence some minimum period (e.g., one pay period) prior to an Entry Date to be eligible to participate with respect to the Offering Period beginning on that Entry Date.

A wash amidst evidence of deception and overreaching, the administrative law judge had no difficulty concluding that respondents» practices violated Section 5.

NOW, THEREFORE, I MARK C. POLONCARZ, Erie County Executive, by virtue of the authority vested in me by the Erie County Charter Sections 301 & 302, the Erie County Administrative Code Section 19.08 and General Municipal Law Section 104 - b, do hereby order as follows:

NOW, THEREFORE, I MARK C. POLONCARZ, Erie County Executive, by virtue of the authority vested in me by the Erie County Charter Sections 301 & 302, Erie County Administrative Code Section 19.08 and General Municipal Law Section 104 - b, do hereby order as follows:

The Erie county commissioner of health is authorized to enforce this local law by administrative proceedings held in accordance with the provisions of section five of article one of the Erie county sanitary code.

Title VIII of the ESSA (formerly Impact Aid under NCLB) becomes the law's general provisions section, providing definitions of terms, outlining the use of administrative funding, and detailing waivers, among other regulations.

Notwithstanding any other law, all law enforcement agencies, state attorneys, social service agencies, district school boards, and the Division of Administrative Hearings shall fully cooperate with and, upon request, shall provide unredacted documents to the Department of Education to further investigations and prosecutions conducted pursuant to this section.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

Mr. Hoffer is a member of the State Bar of Texas Administrative and Public Law Section, School Law Section and Labor and Employment Law Section.

Resolved, that upon the recommendation of the Superintendent, the person (s) certified as listed below is (are) appointed to the administrative tenure area and the assignment shown, with the effective date, probationary period and salary stated, and that such person (s) shall be eligible for tenure upon completion of the probationary period subject to the Board of Education's unfettered right to deny tenure and, to the extent required by Education Law Section 3012 with respect to building principals, the requirement that such person (s) receive at least three (3) Effective APPR ratings within the four (4) years prior to consideration for tenure and do not receive an Ineffective rating in the final probationary year.

Section 8 states: «Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.»

-- In any criminal action, civil action, or administrative proceeding, a State regulating the growing and processing of industrial hemp under State law shall have exclusive authority to determine whether any such plant meets the concentration limitation set forth in subparagraph (B) of paragraph (16) of section 102 and such determination shall be conclusive and binding.».

Candidate and lecturer at the VU University Amsterdam, department of Constitutional and Administrative Law, Migration Law section.

Indeed, the ABA Model Code of Judicial Conduct, in the «application» section, provides that the code applies to all full - time judges, and goes on to define «judges» as «anyone who is authorized to perform judicial functions, including... a member of the administrative law judiciary.»

«Daily posting of interesting developments about new and pending Section 337 ITC investigations, litigation trends, statistics, practical insights into the Administrative Law Judges, and commentary on important ITC decisions.»

Pinto, a partner with Pinto Wray James LLP, currently practises human rights law and is a past chairman and executive member of the administrative law section of the Ontario Bar Association.

The law had changed as between Rodriguez and Carter with respect to the principles of fundamental justice (neither overbreadth nor gross disproportionality were recognised as principles of fundamental justice in Rodriguez and yet played important roles in Carter) and the role of administrative facts in section 1 analysis.

Additionally, upper year courses in subjects such as Natural Resource Law, Environmental Law and Administrative law will likely contain some reference — and in some cases without a lot of reference — to the issues raised by Section 35 of the Constitution Act, 1982, Aboriginal title, Aboriginal rights and Treaty rights — as part of a broader syllabLaw, Environmental Law and Administrative law will likely contain some reference — and in some cases without a lot of reference — to the issues raised by Section 35 of the Constitution Act, 1982, Aboriginal title, Aboriginal rights and Treaty rights — as part of a broader syllabLaw and Administrative law will likely contain some reference — and in some cases without a lot of reference — to the issues raised by Section 35 of the Constitution Act, 1982, Aboriginal title, Aboriginal rights and Treaty rights — as part of a broader syllablaw will likely contain some reference — and in some cases without a lot of reference — to the issues raised by Section 35 of the Constitution Act, 1982, Aboriginal title, Aboriginal rights and Treaty rights — as part of a broader syllabus.

In administering the program, the Director will participate in the hiring, orientation, training, and evaluation of legal research and writing instructors; participate in the orientation of incoming first - year law students; prepare the syllabi and the common writing problems used by all legal research and writing sections; chair regular meetings of the legal research and writing instructors to discuss course content, teaching methods, and related issues; handle student issues related to the program; oversee the selection of legal research and writing award recipients; coordinate legal research and writing with the broader curriculum in conjunction with the Associate Dean for Academic Affairs; and perform other related administrative duties as assigned.

Alexandra is currently a member of the Canadian Bar Association (CBA) Administrative Law Section, Securities Law Section and Civil Litigation Section.

In other areas of administrative penal law there is only an indirect joint liability of the corporation for fines imposed for offences committed by the managing director or other «persons in charge» (section 9 Administrativadministrative penal law there is only an indirect joint liability of the corporation for fines imposed for offences committed by the managing director or other «persons in charge» (section 9 AdministrativeAdministrative Penal Code).

State Bar of Montana — Natural Resources, Energy & Environmental Section Alaska Bar Association — Environmental / Natural Resources Section, Alaska Native Law Section, Corporate Counsel Section, Immigration Law Section Idaho State Bar — Environment & Natural Resources Law Section, Water Law Section Wyoming State Bar — Energy & Natural Resources Section State Bar Association of North Dakota — Administrative & Government Lawyers Section American Bar Association — Section of Environment, Energy, and Resources (Committee Member: Energy and Natural Resources Litigation; Air Quality; Environmental Transactions and Brownfields; Superfund and Natural Resource Damages Litigation) American Immigration Lawyers Association

Paul Daly, Prescribing Greater Protection for Rights: Administrative Law and Section 1 of the Canadian Charter of Rights and Freedoms (2014) 65 Supreme Court Law Review 247

The Supreme Court of Canada released its Dunsmuir decision in early March 2008, hours before my administrative law class at the University of Ottawa, Common Law Section, was to embark on study of standard of review in substantive administrative llaw class at the University of Ottawa, Common Law Section, was to embark on study of standard of review in substantive administrative lLaw Section, was to embark on study of standard of review in substantive administrative lawlaw.

(2) The purpose of a system of administrative penalties established by the City under this section shall be to assist the City in promoting compliance with its by - laws.

(2) Despite subsection (1), the City does not have the power to provide that a person is liable to pay an administrative penalty in respect of the failure to comply with by - laws respecting the parking, standing or stopping of vehicles until a regulation is made under section 118.

Section 1 of DRIPA was declared by the Court of Appeal in Watson in January 2018 to be incompatible with EU law in certain respects, (namely, that in the area of criminal justice, access to retained data was not limited to the purpose of combating «serious crime», and access to retained data was not subject to prior review by a court or an independent administrative body), following the judgment of the Court of Justice of the European Union («CJEU») in Tele2 / Watson.

The Governor's proposal would eliminate this absolute right to a hearing by amending Section 20 of the Workers» Compensation Law to allow for the scheduling of a hearing before an administrative law judge only after it is determined that the dispute can not be resolved by undergoing non-binding «conciliation» procedurLaw to allow for the scheduling of a hearing before an administrative law judge only after it is determined that the dispute can not be resolved by undergoing non-binding «conciliation» procedurlaw judge only after it is determined that the dispute can not be resolved by undergoing non-binding «conciliation» procedures.

Following the introductory section to the U.S. Code's chapter on judicial review of administrative agency decisions (5 U.S.C. Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion section to the U.S. Code's chapter on judicial review of administrative agency decisions (5 U.S.C. Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion by law.

The commenters identified particular factors that could lead to confusion, including that (1) the phrase «criminal, civil, or administrative proceeding» appeared in the definitions of both law enforcement Start Printed Page 82673and oversight; (2) the examples of oversight agencies listed in the preamble included a number of organizations that also conduct law enforcement activities; (3) the NPRM addressed the issue of disclosures to investigate health care fraud in the law enforcement section (§ 164.510 (f)(5)-RRB-, yet health care fraud investigations are central to the mission of some health care oversight agencies; (4) the NPRM established more stringent rules for disclosure of protected health information pursuant to an administrative subpoena issued for law enforcement than for disclosure pursuant to an oversight agency's administrative subpoena; and (5) the preamble, but not the NPRM regulation text, indicated that agencies conducting both oversight and law enforcement activities would be subject to the oversight requirements when conducting oversight activities.

This regulation is the second final regulation to be issued in the package of rules mandated under title II subtitle F section 261 - 264 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104 - 191, titled «Administrative Simplification.»

Section 164.512 (e) addresses when a covered entity is permitted to disclose protected health information in response to requests for protected health information that are made in the course of judicial and administrative proceedings — for example, when a non-party health care provider receives a subpoena (under Federal Rule of Civil Procedure Rule 45 or similar provision) for medical records from a party to a law suit.

The major part of these Administrative Simplification provisions are found at section 262 of HIPAA, which enacted a new part C of title XI of the Social Security Act (hereinafter we refer to the Social Security Act as the «Act» and we refer to all other laws cited in this document by their names).

In other words, the goal of reconciliation must be at the centre of any analysis under section 1 whether in the administrative law context or under an Oakes analysis.

Section 6 is designed to mirror the scope of state responsibility at Strasbourg, a matter not relevant to the consideration of a public body in domestic administrative law.

Just days after affirming an administrative law judge's decision to dismiss price fixing claims brought under Section 337 against numerous foreign steel companies for failing to plead «antitrust injury» (see our prior post), the U.S. International Trade Commission (ITC) has issued a notice announcing institution of another investigation involving antitrust claims (Certain Programmable Logic Controllers (PLCs), Components Thereof, and Products Containing Same, Inv.

Prescribing Greater Protection for Rights: Administrative Law and Section 1 of the Canadian Charter of Rights and Freedoms

Family Law for the People was developed by the Department of Family Administration of the Administrative Office of the Courts — Programs, the Family and Juvenile Law Section of the Maryland State Bar Association and the People's Law Library of Maryland.

You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Gigaom to pay a greater portion or all of such fees and costs in order for this Section 13 to be enforceable, then Gigaom will have the right to elect to pay the fees and costs and proceed to arbitration.

Performed general secretary duties for the Alternative Dispute Resolution Division; maintained assigned case files and diary system; scheduled mediation conference; inputted statistical data and typed notices, awards, orders and other documents with a high degree of accuracy; communicated with case parties and the general public in a service - oriented and professional manner; assisted other legal secretaries in the section and the Trial Division; performed copying; screened and processed telephone calls and written communications; performed other duties to assist the Division Director, Administrative Law Judges, Staff attorneys / Mediators, and others as assigned.

Cantey & Hanger, L.L.P. (Fort Worth, TX) 1993 — 1996 Legal Assistant, Litigation Section • Prepared legal documents including briefs, memoranda, and motions for use in litigation • Performed research regarding procedural and substantive points of law • Wrote and distributed official correspondence on behalf of firm • Provided administrative support including filing, scheduling, and other tasks as needed

He is currently an elected member of the N.C. Bar Association's Administrative Law Section Council and is Past Chair of the Occupational Licensing Committee.

Business Tax Items • Permanently extends the 2001/2003 tax rates for adjusted gross income levels under $ 450,000 ($ 400,000 single); good for small business and home builders, 80 % of whom are pass - thru entities who pay taxes on the individual side of the code • Permanently extends the Alternative Minimum patch; again, good for small business owners who are frequently at risk of paying AMT • Permanently sets the parameters of the estate tax; positive for family - owned construction firms; codifies the 2010 $ 5 million exemption amount (indexed to inflation) and a 40 percent estate tax rate • Extends present law section 179 small business expensing through the end of 2013; offers cash flow and administrative cost benefits for small firms • Extends the section 45L new energy - efficient home tax credit through the end of 2013; allows a $ 2,000 tax credit for the construction of for sale and for - lease energy - efficient homes in buildings with fewer than three floors above grade

• Extends present law section 179 small business expensing through the end of 2013; offers cash flow and administrative cost benefits for small firms