Departure must meet a high burden of proof and is automatically
appealable by either prosecution or defence.
Not exact matches
(b) A noncompliance proceeding, brought
by a State organic program's governing State official against a certified operation, shall be
appealable pursuant to the appeal procedures of the State organic program.
It will be available to small and medium businesses and individuals where a tax issue is in dispute, regardless of whether an
appealable tax decision or assessment has been made
by HMRC.
If municipal Official Plans (upon which all decisions of Council are to be based) are not
appealable, there is a strong argument that natural justice would be denied to those who are impacted
by them.
No other aspect of any ruling
by the arbitrator shall be
appealable, and all other aspects of the arbitrator's ruling shall be final and non-
appealable, except as set forth herein.
This
by - law is not
appealable to the OMB.
Because each of the district court's grounds for dismissal was easily cured
by amendment, its dismissal without prejudice was not
appealable.
Easily cured
by an amendment, and therefore not
appealable.
As the court explained, an order dismissing a complaint without prejudice is not
appealable if the plaintiff could have saved his action
by amending the complaint.
(2) An
appealable decision, other than one referred to in subsection (1), is stayed
by the filing of a notice of appeal under section 54 [appeals], but the stay may be lifted under section 242.2 (10)(a)(ii)[tribunal member hearing appeal may lift stay] of the Financial Institutions Act.
Among the reasons for this are the fact that arbitration awards are not
appealable on the merits but generally only on the limited procedural bases established in the governing state arbitration statute; that the issues considered
by Hearing Panels are often myriad and complex, and the reasoning for an award may be equally complex and difficult to reduce to writing; and that the inclusion of written findings of fact or rationale (or both) would conceivably result in attempts to use such detail as «precedent» in subsequent hearings which might or might not involve similar facts.