Sentences with phrase «authorities under the statute»

The pervasive restraint on freedom of discussion by the practice of the authorities under the statute is not any less effective than a statute expressly permitting such selective enforcement.

Not exact matches

I, RICK PERRY, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby proclaim the three - day period from Friday, April 22, 2011, to Sunday, April 24, 2011, as Days of Prayer for Rain in the State of Texas.

[81] While these contingent commitments are not an obligation and do not guarantee receipt of RRIF or TIFIA credit assistance, as applicable, they represent an agreement between the DOT and a project sponsor to provide credit assistance subject to the satisfaction of all of the terms and conditions for credit assistance set forth under the RRIF or TIFIA statutes, as applicable, including satisfaction of Federal eligibility requirements (such as the National Environmental Policy Act of 1969) and the availability of budgetary authority for such credit assistance.

Legislative Research Commission Note (7-15-02): Under the authority of KRS 7.136, the Reviser of Statutes has corrected a clearly erroneous statutory reference in subsection (5) of this section as enacted in 2002 Ky..

Our HLE Officers enforce the cruelty laws under the authority granted by state statute 22 Pa.C.S.A.

In 2009, when the E.P.A. first exerted its authority to rein in carbon dioxide, I wrote a post that in part looked back at Scalia's skepticism about this gas fitting under a statute created to cut eye - stinging, lung - searing smog.

There's really no statutory authority for the AIG takeover... I won't bother noting that the DC Circuit, were it to sit in judgment on whether the Fed could buy the world's largest insurer, would undoubtedly conclude that the plain language of its governing statute (which is to make emergency loans, not require takeovers in exchange) would not permit the takeover under Chevron USA v. NRDC.

Copies of statutes, official gazettes, ordinances, regulations, proclamations, journals, orders, appointments to office, notices thereof and other public documents purporting to be printed by or under the authority of [a government in the Commonwealth] shall be admitted in evidence to prove the contents thereof.

«15 With wire communications however, there is no such limitation, as this statute does not include wire communications, such as communications over the internet including email and instant messenger.16 While this statute is placing a general prohibition on the interception of electronic communications, the statute contains provisions that allow government officials to conduct wiretap surveillance under the authority of a court based on probable cause.17

As to the fourth issue, where, as in the instant case, the person concerned was ex-hypothesi disabled and the public authority was discharging its functions under statutes which expressly directed its attention to the needs of the disabled persons, it might be entirely superfluous to make express reference to s 49A of the 1995 Act and absurd to infer from an omission to do so a failure on the authority's part to have regard to their general duty under that section.

The company may have an obligation to report to the authorities under the self - reporting regime of certain statutes.

Here we have, in the statute, the legislature and, in the protocol, the government of British Columbia, conceding that the parties hold different views on the most fundamental questions, expressly noting their disagreements, saying that each will implement the agreement under its own institutions» authority, and then proceeding to act upon the agreement made.

The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for — or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, chapter Y - 1 of the Revised Statutes of Canada, 1985, in respect of — an offence over which Canada has jurisdiction.

Provincial superior courts recognized by s. 96 «have always occupied a position of prime importance in the constitutional pattern of this country», and the Federal Court, by contrast, «has only the jurisdiction conferred by statute», and being a statutory court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in original).

Prohibiting the citation to unpublished opinions as persuasive authority under the no - citation rule is contrary to the conflicting judicial notice statute.

In a series of cases of first impression under the state wetlands statute, defined the limited scope of statutory exceptions, established the authority of courts to protect and restore wetlands with injunctions, as well as the right of private parties to recover attorneys fees.

2) Extend statutes of limitations and time periods prescribed by statute as well as those time limitations prescribed by court rule or administrative directive which the Chief Justice already has the authority to extend pursuant to his authority under Art.

The Massachusetts Bay Transportation Authority (MBTA) is under this same statute.

He said Tucker, the hearing officer, «exceeded his authority by essentially banning the petitioner from ever applying for reinstatement of a license under the statute.»

Court held that where a duly constituted community association board, upon reasonable investigation and in good faith, exercises discretion within the scope of its authority under the relevant statutes, courts should defer to the board's authority and presumed expertise.

However, in this case, the question is not the administrative body's jurisdiction under its governing statute; rather, the question is a classic federalism question pitting a regulator's authority on environmental matters under provincial jurisdiction against the federal government's jurisdiction over bankruptcy.

As Parliament did not clear empower the executive to levy fees that would prevent litigants from accessing tribunals, and as the fees at issue had precisely that effect, they must be held not to have been authorized by the statute under whose purported authority they were imposed.

Moreover, section 4 (b) of the Executive Order authorizes preemption of state law in the federal rule making context when there is «the exercise of state authority is directly conflicts with the exercise of federal authority under federal statute * * *.»

Response: We agree, but do not have the legislative authority to grant a private right of action to sue under this statute.

This approach is a key component of the final Privacy Rule, and it adheres to section 4 (a) of Executive Order 13132, which expressly contemplates preemption when there is a conflict between exercising state and federal authority under federal statute.

Such rights may only be removed by express statutory authority: «Where rights have been conferred under statute, and would be removed or diminished by a decision to leave the EU (which, pursuant to Art 50, is self - executing), the principle of legality prevents these rights from being restricted or removed.

State statutes and legal precedents arising from court cases further refine the restrictions under which state and local governments exercise their condemnation authority.

The court looked to the relevant Connecticut licensing statutes and determined that according to Connecticut law, «competent real estate brokers who are duly licensed and currently practicing in other states with licensing requirements and reciprocity provisions similar to Connecticut's will be given preferential treatment in obtaining their Connecticut licenses... an out - of - state broker may not simply come into Connecticut and do business as a real estate broker under the putative authority of his valid out - of - state broker's license.»