Sentences with phrase «authority under»

The result is that the Condo Board of Directors may be liable for exceeding their authority under the condominium documents.

The Council has authority under the Real Estate Services Act, Regulation, Rules and Bylaws to investigate the conduct and competence of licensed real estate professionals.

(4) The following provisions of this Part apply to the superintendent acting under this Division, in relation to an unlicensed person or a licensee, as if the superintendent were the real estate council or a discipline committee exercising authority under the applicable provision in relation to a licensee:

(3) Section 45 [discipline committee orders in urgent circumstances] applies in relation to the superintendent's authority under this section as if the superintendent were a discipline committee or the real estate council acting in respect of a licensee.

(2) In exercising the authority under subsection (1)(a), the foundation board of governors may apply the foundation fund for the purposes of the foundation in the manner the board decides, including by granting loans on terms and conditions the board determines.

(2) The authority under subsection (1) does not include the authority to make substantive changes to the rules.

(2) The authority under subsection (1) does not include the authority to make substantive changes to the bylaws.

The OCC retains enforcement authority under the SAFE Act for financial institutions (including federal branches of foreign banks) with total assets of $ 10 billion or less.

While the CFPB is generally excluded from exercising authority over real estate brokerage activities, the CFPB does have authority under the Real Estate Settlement Procedures Act of 1974 (RESPA) over agents and brokers engaging in offering or providing financial products or services.

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

The Social Justice Report 2007 noted that the Minister had the authority under the NTER legislation to declare the anti-discrimination legislation to have effect, as a short term measure, until legislative amendments to this end were in place.

(6) If the person notifies a prescribed child welfare authority under this section or subsection 67Z (3), the person may make such disclosures of other information as the person reasonably believes are necessary to enable the authority to properly manage the matter the subject of the notification.

We have voluntarily opted to be subject to the obligations of a public authority under Part 5A of the Human Rights Amendment Act 2008 (ACT).

The statutory authority under RCW 26.09.210 is as follows:

In the Torres Strait Islands, the Torres Strait Regional Authority (TSRA) is an Australian Government Statutory Authority under the Aboriginal and Torres Strait Islander Act 2005.

Provide detailed safety and occupational health concerning legislation, regulations and authority under which inspections and investigations are performed.

The Training Room is authorised and regulated by the Financial Conduct Authority under reference number: 723720.

By using its authority under section 6 (b) of the FTC Act, the agency will be able to use its subpoena power to discover what is really going on.

Many will argue that by striking down Title II, the statutory authority under which net neutrality was enforced nationwide, the FCC clipped its own wings, leaving it powerless to enforce its new rules or oppose state ones.

As explained in the Lifeline NPRM, we «believe the Commission has authority under Section 254 (e) of the Act to provide Lifeline support to ETCs that provide broadband service over facilities - based broadband - capable networks that support voice service» and that «[t] his legal authority does not depend on the regulatory classification of broadband internet access service and, thus, ensures the Lifeline program has a role in closing the digital divide regardless of the regulatory classification of broadband service.»

The Councils are formed under the Insurance Act and they derive their authority under a delegation from the Minister of Finance for the province.

Insurance Department had authority under 40 P. S. § 2000 to adopt this regulation which requires inclusion of an arbitration clause in Uninsured Motorist Coverage; the arbitration requirement did not violate the rights to jury trial under the United States or Pennsylvania Constitutions.

Attorney - General for the Prince of Wales v the IC and Mr Michael Bruton [2016] UKUT 0154 (AAC) Acting for Mr Bruton in the upper tribunal in a case concerning whether the Duchy of Cornwall / Duke of Cornwall (i.e. Prince Charles) is a public authority under EU environmental access to information law.

So, Lords Mance, Scott and Neuberger won 3 - 2 against Lord Bingham and Baroness Hale, ending a legal saga dating back to at least R (Heather and Others) v Leonard Cheshire Foundation [2002] EWCA Civ 366, [2002] 2 All ER 936 where the Court of Appeal found that the Leonard Cheshire Foundation was not exercising statutory powers or performing a public function in providing care services to residents placed at public expense by the local authority under NAA 1948.

In the court's view there can be no legal gap between health and social care provision provided by the local authority under NAA 1948 «as a last resort» since «the secretary of state has put in place a structure which requires the PCT to take account of the social services authority's statutory competence so that the resulting decision will define the services which the social services authority is obliged to provide».

The claimant was the enforcement authority under PCA 2002, Pt 5.

The RCMP has the authority under s. 487.11 of the Criminal Code to enter homes to save lives.

I agree with the argument that the federal government's authority under the preemption clause will prevail over the Arizona state law... Otherwise we could have 50 states writing immigration laws and it would result in the chaos that the preemption clause was specifically created to prevent.»

Some of these comments recognized that the Secretary's authority under section 1178 of the Act is limited and acknowledged that the Secretary's proposals were within her statutory authority.

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.

Comment: Many commenters generally opposed the business partner standard and questioned the Secretary's legal authority under section 1172 (a) of HIPAA to require business partner contracts.

The Department's statutory authority under HIPAA which allows the privacy regulation to preempt any state law if such law is contrary to and not more stringent than privacy protection pursuant to this regulation.

Response: This recommendation is beyond our statutory authority under HIPAA, and therefore, can not be addressed by the final rule.

As with any request for disclosure under this section, the covered entity will need to verify the authority under which the request is being made, and we expect that public agencies will identify their authority when making such requests.

Some commenters recommended that the final rule permit the documentation of IRB or privacy board approval to be signed by persons other than the IRB or privacy board chair, including: (1) Any person authorized to exercise executive authority under IRB's or privacy board's written procedures; (2) the IRB's or privacy board's acting chair or vice chair in the absence of the chair, if permitted by IRB procedures; and (3) the covered entity's privacy official.

We do not believe that it is appropriate to restrict the deliberations or judgments of privacy boards, nor do we have the authority under this rule to instruct IRBs on this issue.

Response: The Secretary shares these commenters» concerns about the Department's limited authority under HIPAA.

In particular, several commenters argued that the Department was proposing to extend the Common Rule and the use of the IRB or privacy boards beyond federally - funded research projects, without the necessary authority under HIPAA to do so.

At least since 1824, Congress» authority under the Commerce Clause has been held plenary.

However, requiring this of IRBs and privacy boards is beyond the scope of our authority under HIPAA.

That Act, resting on Congress» authority under the Commerce Clause, creates a body of federal substantive law that is applicable in both state and federal courts.

Comment: Several commenters believed that the NPRM was proposing either directly or indirectly to modify the Common Rule and, therefore, stated that such modification was beyond the Secretary's authority under HIPAA.

Although we generally lack the authority under HIPAA to regulate the practices of this industry, the final rule addresses when covered entities may disclose protected health information to property and casualty insures.

(A) A written statement of the legal authority under which the information is requested, or, if a written statement would be impracticable, an oral statement of such legal authority;

Comment: Numerous commenters argued that the proposed coverage of any information other than that which is transmitted electronically and / or in a HIPAA transaction exceeds the Secretary's authority under section 264 (c)(1) of HIPAA.

Response: The Secretary's legal authority under HIPAA does not permit HHS to modify the membership of IRBs.

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 * * *.»

In its application for judicial review, Access Copyright submitted that the deletion provision is «a condition of the grant of rights» and that the Board has no authority under the Copyright Act to vary the terms and conditions.

Mishcon de Reya LLP is a limited liability partnership registered in England and Wales with number OC399969 and is authorised and regulated by the Solicitors Regulation Authority under SRA number 624547.

Failure to Consider Safety Element in Design Does Not Preclude Public Entity's Discretionary Authority Under Design Immunity Defense