Sentences with phrase «acts of misconduct»

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

84 DOS 99 Matter of DOS v. Woodland - failure to appear at hearing; jurisdiction; mortgage applications; failure to pay judgment; ex parte hearing may proceeding upon proof of proper service; DOS has jurisdiction over respondents for acts of misconduct which occurred during licensure even though the licenses expired on their own terms; DOS fails its burden of proof to establish broker failed to obtain signature on agency disclosure form; DOS fails its burden of proof to establish that a broker has an obligation to «pre-qualify» a potential purchaser; broker breached duty to deal honestly with the public when advised purchaser he would assist in obtaining financing and failed to do so; DOS fails its burden of proof that broker wrongfully failed to hold a $ 500.00 deposit in escrow as deposit was remitted to seller with the permission of buyer; failure to pay judgment without a showing that broker is unable to do so is a demonstration of untrustworthiness; no action to be taken for reapplication for broker's license until payment of $ 1,000.00 fine and proof of satisfaction of judgment

Given that the Tribunal can not award punitive damages or legal costs and typically does not award damages for lost future earning capacity and future therapeutic treatment (all of which were awarded in Olympia), it would appear that civil actions should be given serious consideration in situations where an alleged breach of the Code involves factually complex or serious acts of misconduct.

A dismissal for cause will only be upheld by a court for serious acts of misconduct.

Although it is rare, there have been times when judges have gone beyond committing judicial errors and have committed acts of misconduct, both in and out of court.

But the decision to dismiss is by no means straightforward and organisations often incorrectly choose to treat less serious acts of misconduct as reason to summarily dismiss troublesome or unwanted staff.

As previously reported in Law Times, Keshen was accused of several acts of misconduct, including failing to pay Indian residential school clients their full settlements within a reasonable period of time after receiving them, and transferring settlement funds for clients from his trust account to his general account «without any legal entitlement to the monies.»

Mann's previous acts of misconduct elsewhere might be relevant to any disciplinary action against him Penn State might consider.You need to include chapter and verse on MBH 1998 1999 with an explanation

We are also responsible for the investigation of educators involved in acts of misconduct.

Report finds that pathologist involved in anonymous defamation case committed multiple acts of misconduct; growing eggs from stem cells; neutrophils» role in metastasis; convergent evolution in birds

He said the affected civil servants were alleged to have been involved in certain acts of misconduct during the 2016 World Teachers Day celebration on October 5, 2016.

«The affected civil servants were alleged to have been involved in certain acts of misconduct in the course of the 2016 World Teachers Day celebration on October 5, 2016 before the ongoing strike commenced.

Prior to this a lot of killings and fighting have occurred within this same party and nobody including the flagbearer has raised a whimper apparently because those acts of misconduct benefit (he) Akufo - Addo.

Emphasizing that the recent unfortunate attacks by Boko Haram terrorists on communities close to Maiduguri, despite «our successes», calls for concern, the Army said all cases of indiscipline and related acts of misconduct including human rights abuses will be tried by the Special Court.

«While the governor of Kogi State currently enjoys immunity from prosecution, the commission approved the summary dismissal of two employees for acts of misconduct and the immediate and compulsory retirement of an electoral officer for acts of gross misconduct.»

The convictions of the governor and his wife were overturned by the high court, which significantly narrowed the definition of official acts of misconduct.

«All cases of indiscipline and related acts of misconduct including human rights abuse in the operations will be tried by this Special Court Martial.

«The fact that this video shows another example of an officer with his number obscured assaulting a member of the public indicates that there is a systematic problem here, not just a series of individual acts of misconduct,» said David Howarth, the party's justice spokesman.

«Even where New York Courts have suspended attorneys for substantial periods of time, those cases involve more egregious and ongoing acts of misconduct, as opposed to Mr. Grimm's isolated and singular conviction,» his attorney Annette Hasapidis said in the Manhattan federal court filing from earlier this month.

This was at a time when the appointing authorities were not privy to the alleged acts of misconduct or wrongdoings brought against him and 21 Circuit Court Judges and Magistrates who have been referred to the Chief Justice to be dealt with in accordance with Article 151 of the 1992 Constitution by tigereyepi for alleged stated misbehaviour.

In particular, the rules encourage members to accept a predetermined sanction for given acts of misconduct rather than undergoing a full tribunal, but establish an impartial panel of decision makers with clear rules for evidence and standards of proof should a full disciplinary hearing be required.

The law also states that «zero - tolerance policies are not intended to be rigorously applied to petty acts of misconduct and misdemeanors, including, but not limited to, minor fights or disturbances.»

The program, called PROMISE (Preventing Recidivism Through Opportunities, Mentoring, Interventions, Supports & Education), began after Republican - proposed legislation directed school districts away from zero - tolerance policies that led to expulsions and law enforcement referrals for «petty acts of misconduct and misdemeanors.»

He urged the public to report any personnel of the corps who exhibited act of misconduct in the course of election duty, adding that disciplinary action would be adequately taken against such erring officer.

We are not saying she's done it, but in the rule of natural justice, we must all admit that anybody alleged to have gotten involved in any act of misconduct must give way for fair trial or justice to take place because you might impede with evidence if you continue to hold office.»

From my limited knowledge of such things there is usually a «catch all» act of misconduct, «bringing the University into disrepute» in many university procedures.

In contrast, an employee who has been terminated for cause because of a serious act of misconduct is not entitled to notice of dismissal or a severance package.

The practical implication of this jurisprudence is that an employee working for a financial institution is more likely to be terminated for cause for an act of misconduct in situations that would have only justified a lesser form of discipline, such as a warning letter, if the employee had worked in a different industry.

And because admonitions are private, it is very difficult for lawyers to figure out whether an act of misconduct will result in discipline, except for the Director's annual summary of a half dozen or so admonitions that were issued in the previous year.

Not exact matches

Like Erin Griffith said in a previous Term Sheet, the degree of the misconduct matters: «The specific act that occurred matters for questions like: Should this person be allowed to get a new job in a position of power?

The Justice Department has serious and pervasive problems with how it addresses sexual misconduct complaints made by its own employees, the department's inspector general found in a recent report obtained by The Washington Post through Freedom of Information Act requests.

«This resolution holds Goldman Sachs accountable for its serious misconduct in falsely assuring investors that securities it sold were backed by sound mortgages, when it knew that they were full of mortgages that were likely to fail,» said Acting Associate Attorney General Stuart F. Delery in a statement.

Our impression at this point is that NBC acted quickly, as all companies should, when confronted with credible allegations of sexual misconduct in the workplace.

We, as the managing member, and the authorized officers and other employees and agents of SSE Holdings will not be liable to SSE Holdings, its members or their affiliates for damages incurred by any acts or omissions of these persons, provided that the acts or omissions of these exculpated persons are not the result of fraud, or intentional misconduct.

Takana, a rabbinic forum established in 2003 to clamp down on s - exual misconduct by Orthodox educators, went public February 15 with allegations that Mordechai «Moti» Elon had taken advantage of his influence over male students and performed «acts at odds with sacred and moral values.»

Under this Act, as long as the donor has not acted with negligence or intentional misconduct, the company is not liable for damage incurred as the result of illness.

The statute provides immunity from liability for civil damages resulting from any act of omission to a volunteer who authorizes a youth athlete to return to play, except in circumstances of gross negligence or willful or wanton misconduct.

The speaker, Mr. Chikwendu Kalu, while reading the resolution, set up 8 - man ad - hoc committee to investigate allegations of misconduct against the judge, and mandated Governor Ikpeazu to appoint an acting chief judge pending the completion of the investigation by the committee.

A defense attorney says Nassau prosecutors are part of an attempted police cover - up, and told acting District Attorney Madeline Singas in a letter that letting his client's drug case go to trial would be «prosecutorial misconduct.»

Trump has denied the accusations of sexual misconduct and, in response to The Washington Post's publication of the «Access Hollywood» recording, chalked up his comments to «locker room talk» that he had never acted on.

Councilwoman Inez Barron, who also criticized the speaker's handling of the Right to Know Act, said police misconduct has been an issue for at least 20 years.

On November 10th 2016 when he was sworn in as acting Chief Justice of Nigeria by President Muhammadu Buhari, Onnoghen promised to join the fight against corruption and address misconduct in the judiciary.

«It is apposite to note that by the provisions of section 22 (3) of the Code of Conduct Bureau and Tribunal Act, the President can only remove the Chairman or member of the Tribunal upon an address supported by two - thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question or for misconduct or for contravention of this Act».

ALBANY, N.Y. — For more than a decade, advocates have traveled to Albany to push for a bill that would make it easier for the survivors of childhood sexual abuse to file lawsuits, but supporters of the measure known as the Child Victims Act say this year is different as perceptions surrounding sexual abuse and misconduct have changed in the last several months.

We write in our capacity as citizens of the Republic of Ghana invoking the powers of this Commission under Article 218 (a) of the 1992 Constitution of Ghana and section 7 (1)(i) of the CHRAJ Act 1993 (Act 456), as amended, which states «to investigate complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties», to investigate a case of professional misconduct bothering on official corruption and corruption - related activities involving ACP Mrs. Maame Yaa Tiwaa Addo Danquah, the current acting Director - General of the Criminal Investigations Department (CID) of the Ghana Police Service.

Both agencies acted with official city and state misconduct, and in both cases, honest, credible evidence was repeatedly dismissed and ignored, and so was the corruption that remains to date — where knowingly false statements were made to discredit me (then later completely reversed during oral argument by my accusers), and both the DOI investigators (who appeared at my doorstep many times to collect evidence) and MTA Office of the Inspector General investigators invited me back to their headquarters (more than six times), from 1989 to 2008), and continued to take no action to restore and reinstate my city job, pension and social security contributions.

These operations were based on allegations of corruptions and other acts of professional misconduct by a few of the suspected Judges.

For more than a decade, advocates have traveled to Albany to push for a bill that would make it easier for the survivors of childhood sexual abuse to file lawsuits, but supporters of the measure known as the Child Victims Act say this year is different as perceptions surrounding sexual abuse and misconduct have changed in the last several months.

It reads: To: His Lordship Justice John Ajet Nassam — You are hereby notified that following the prima facie case established against you on allegations of misconduct for: Ex parte discussions with one party on a case pending before you contrary to Rule 3 (7) and 4 (A) of the (CCJMG), Bribery and corruption contrary to S. 244 of the Criminal Offences Act and Rule (2) of the (CCJMG).

«There's no one that can talk about this with any degree of knowledge if you weren't in the Gang of 8, because we haven't seen the documents,» said committee member Jackie SpeierKaren (Jackie) Lorraine Jacqueline SpeierOvernight Defense: Over 500 amendments proposed for defense bill Measures address transgender troops, Yemen war Trump taps acting VA chief as permanent secretary Defense bill amendment would protect open transgender military service Navy to stop announcing names of officials fired for misconduct: report MORE (D - Calif.)