Sentences with phrase «applicable state statute»

Instead, courts should look to the most applicable state statute of limitations.
Notices of special meetings are advertised in the Lansing State Journal, in accordance with applicable state statute.
And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
The Wisconsin Statutes and Rules Examination is drawn from applicable state statutes and administrative code chapters specific to professional counseling.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
The Department should reconsider the fairness of that approach and the efficiency of researching the statute of limitations applicable to every claim and defense in every state, and to instead exercise its authority to simply provide full relief to borrowers it finds were defrauded.
In about 30 states, religious actors can challenge even generally applicable laws by using religious freedom statutes (modeled on the federal Religious Freedom Restoration Act) or state constitutional rulings.
In the event you fail to pay for the access granted (if applicable), and / or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.
The Office of School Finance is responsible for the development and administration of fiscal standards and other initiatives to promote or achieve efficiency within public schools; the administration of the state aid system for schools in accordance with applicable statutes; the development and maintenance of fiscal policy for all public school districts; and the development and maintenance of procedures for safe and efficient student transportation services.
Each module in the policy series provides a summary of federal and state statutes and regulations with hyperlinked citations and related materials applicable to open enrollment charter schools in Texas.
The results of assessments aligned to the Next Generation Sunshine State Standards Assessments are still required by statute to be used as 30 % of the course grade in applicable courses.
A state or federal requirement, imposed by statute or rule, applicable to an open - enrollment charter school operating under the TEC, Chapter 12, Subchapter D, including, but not limited to, the requirements listed in TEC Section 12.104 (b), and in the following Education Code statutes:
You agree to comply with all applicable federal, state, foreign and local statutes and regulations, including, but not limited to, the CAN - SPAM Act and the National Do Not Call Registry.
They are generally subject to the applicable state's statute of limitations and must generally sue in order to collect upon default.
(b) This section shall not repeal, amend, modify, or diminish any right or power to charge and collect charges, fees, interest, or an interest surcharge existing under any other applicable state or federal statute, nor repeal, amend, or modify Public Law 96 - 221, enacted by the United States Congress and approved March 31, 1980, nor Section 5 - 2A - 24.
The Funds» federal and state income and federal excise tax returns for tax years for which the applicable statutes of limitations have not expired (the current year and the prior year) are subject to examination by the Internal Revenue Service and state departments of revenue.
The Department should reconsider the fairness of that approach and the efficiency of researching the statute of limitations applicable to every claim and defense in every state, and to instead exercise its authority to simply provide full relief to borrowers it finds were defrauded.
The Federal Register excerpt does not explicitly state whether it is the «applicable rate» or the «actual rate» as defined in the various statutes and regulations.
You will not, and will not allow or authorize others to, use the Services, the Sites or any Materials therein to take any actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users» accounts or otherwise mine information about other account users or the Sites, or interfere with any other user's ability to access or use the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary to PetSmart Charities» public image, goodwill, reputation or mission, or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.
Cuts -4-Muttz is fully insured and licensed with the State of North Carolina under all applicable statutes and regulations.
However, state animal cruelty and welfare statutes are applicable to commercial animal facilities in Minnesota, which would include pet stores.
Other applicable ethical rules, statutes, court orders, and other sources of law (or even as a prerequisite for the pro se litigant to recover attorney's fees covering the cost of ghostwriting in some states) may nevertheless compel disclosure.
2012) the Court of Appeals held that the state and federal statutes for determining child custody jurisdiction in multi-state disputes are applicable to adoption cases that require a termination of parental rights (TPR).
You should check with a lawyer in your state to determine the applicable statute of limitations for your claim.
It is important to note that the ability to limit your maximum liability is only applicable to contract provisions, and does not apply to entitlement to attorneys» fees and costs pursuant to a state statute or court rule.
Therefore, the 7 - year statute of limitations now applicable to sister state judgments is also now applicable to foreign country judgments.
The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).
The arbitration rules (or applicable arbitration statute) must be determined and should be expressly stated.
The defendant (at - fault party) is out of state or in prison during the applicable statute of limitations; and
Compilations of state statutes of limitations are in simple, easy - to - use tables with areas of law listed in alphabetical order with the applicable limitations period and a statutory reference.
Three states with significant ski economies, (CA, WY, WI), have not adopted ski safety statutes, but have an applicable legislative scheme.
Relying on N.J.S.A. 30:13 - 3 (h) of the New Jersey statute, plaintiffs often allege that the nursing home defendants failed to ensure compliance with all applicable state and federal statutes.
Monitor applicable statutes including the Commodity Exchange Act, federal banking laws, federal and state securities laws, federal energy laws, federal and state bankruptcy and insolvency laws, and state insurance laws
Identifying the Relevant State Statutes: Health information privacy provisions can be found in laws applicable to many issues including insurance, worker's compensation, public health, birth and death records, adoptions, education, and welfare.
This Florida Department of Highway Safety & Motor Vehicles - approved course is applicable to a driver whose driving privileges have been suspended by the State of Florida for excessive points as indicated or as an habitual traffic offender (non-DUI related), or by court order per the following sections of Florida Statutes: 322.264 — Habitual Traffic Offender (HTO); 322.27 — authority of department to suspend or revoke license; 322.291 — driver improvement school required in certain license suspensions and revocations.
In addition, you must be in good standing and not an individual that has been previously barred from receiving Drive Smart's Services under the laws and statutes of the United States or other applicable jurisdiction.
Ensured compliance with existing applicable federal and state statutes and local policies, regulations and guidelines related to schools.
Handled claims from all 50 states, with the exception of Connecticut, and applied all specific state laws and statute of limitations rules where applicable
Apply ICD -9-CM Psychiatric and Rehabilitation diagnostic codes to patient encounters in compliance with applicable state and federal statutes / guidelines and Company policies and procedures.
Marital property includes personal and real property acquired and owned by either spouse or both together; active appreciation of separate property due to one spouses contributions, such as improvements; and participant accounts in state and municipal deferred compensation plans, to the extent set forth in the applicable statute.
Wyoming and Colorado Children's Society strictly observes all applicable state and federal adoption statutes, including the Interstate Compact on the Placement of Children (ICPC).
IDAPT is a non-profit corporation and shall conduct its affairs in conformance with all applicable local, state, and federal laws and regulations, including all civil rights laws and regulations and accessibility and accommodation requirements which may arise pursuant to the Americans with Disabilities Act and similar statutes or ordinances.
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