Sentences with phrase «determined under state law»

Meantime, Bartlett, maintains that the jury award was determined under state law and has no federal law conflict.

Emancipation or «age of majority» means that the child has come of age and capable of self - support as determined under state law.

Emancipation means that the child has come of age and capable of self - support as determined under state law.

Not exact matches

For these reasons he and President Obama have determined that DOMA may not be constitutionally applied to same - sex couples whose marriages are legally recognised under state law in those states that recognise same - sex unions.

The quirk in election law emerged from a 1996 state Board of Elections ruling that determined that each limited liability company controlled by a developer should be treated as if it were an individual under election law.

«Guidance from (the state Joint Commission on Public Ethics) was sought and they determined that based on the emergency situation and circumstances, this donation was permissible under the relevant state laws and guidelines.»

«His role and involvement is yet to be determined,» he said, noting the prohibitions that Wright will face under state law.

Commissioner of Police, Akwa Ibom State, CP Don Awunah in a statement disclosed that the command is determined to guarantee that soccer loving Nigerians enjoy the football match under a peaceful atmosphere devoid of any infractions of law.

Under state law, Cuomo will have to determine the date of a special election or keep the seat vacant until November's elections.

Under state law, the Department of Labor can create a wage board to determine whether the minimum wage in a specific industry is livable.

«In connection with Pilgrim's application, the Thruway Authority will also need to determine whether the project is consistent with, and permissible under, applicable state and federal laws, rules, regulations and policies regulating highway use,» Megna wrote.

The proposed legislation is in response to a federal court ruling in Washington state that determined the amount of manure disposed of at certain farms in that state exceeded limits under solid waste law, according to the National Milk Producers Federation.

Such advocacy, the commission determined, did not meet the definition of lobbying under state law and did not require Mr. Sachs to register as a lobbyist.

In the event of dissolution or termination of the Association, the Board shall, after the payment of all of the liabilities of the Association, dispose of all of the assets of the Association exclusively for the objectives of the Association, in such manner, or to such organization or organizations organized exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) 3 of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board shall determine.

If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated.

Under federal law, states are responsible for determining minimum n - sizes.

Under a forty - year - old state law, the scores that students earn on it — and only those scores — determine who gets into, and rejected by, these eight schools, including the three old and famous ones: Stuyvesant, Bronx Science, and Brooklyn Tech.

Under current law, a state must determine the average yearly progress (AYP) for all students and subgroups at the school, LEA, and state level; AYP standards mandate specified thresholds of performance with respect to assessments and graduation rates.

The graduation rate is included in calculations by the federal government to determine if a high school, district or the state clears the performance hurdle set under the No Child Left Behind law, the sweeping education reform that imposes increasingly severe penalties for coming up short.

«In response to an October 2013 complaint filed by the Center for Children's Advocacy against the district, the state conducted an investigation and determined that the district violated its obligations to students under the Individuals with Disabilities Education Act and state law.

If we are guaranteed under our state constitution to have a bargaining unit to negotiate with the local school district for our salary schedule, and the guidelines for determining our retirement, doesn't it take a constitutional amendment not a state law to change that?

That contract then — which some critics in the union argued would amount to merit pay, a characterization you disagreed with, and argued under state law meant that bonuses would be determined in part by test scores — was it still the right move to sign that contract?

Under the new ESSA law, the requirement for content mastery is left to states to determine.

In determining the amount of any State's Federal share of expenditures for planning, administration, and services incurred by it under a State plan approved in accordance with section 101, there shall be disregarded any portion of such expenditures which are financed by Federal funds provided under other provision of law, and the amount of any non - Federal funds required to be expended as a condition of receipt of such Federal funds.

(a) Insert «1» after (a)» in subsection (a) and add at the end of subsection (a) the following new paragraphs: (2) No person acting under color of law shall --(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

(B) deny the right of any individual to vote in any Federal election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or

The Secretary may waive the application of standards established under subsection (a) to a State that has adopted a law or policy that provides for the safe and adequate accommodation as certified by the State (or other grantee), in all phases of project planning and development, of users of the transportation network on federally funded surface transportation projects, as determined by the Secretary.

Upon the dissolution of the association known as the New Jersey Association of School Librarians, Inc., the Board of Trustees will, after paying or making provision for the payment of all of the liabilities of the Association, distribute the remaining assets to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as will at the time qualify as an exempt organization or organizations under section 501 (c)(3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law), as the Board of Trustees will determine, or to a state, federal or local government for a public purpose.

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.

a. The licensee, by itself or with its affiliates, is licensed in five or more states to engage in the mortgage lending business and (i) is supervised by a state or federal regulatory agency whose regulatory scheme has been determined by the Commissioner to be substantially similar to that of North Carolina, (ii) is organized and supervised under the laws of a state that has adopted a model licensing law endorsed by the Commissioner; or (iii) is supervised by a state or federal agency that is a party to an interstate compact, or has otherwise entered into a cooperative reciprocal agreement by which the state or federal regulatory agency and the State of North Carolina, directly or by duly authorized act of the Commissioner, have mutually agreed to recognize state licensing laws which have specific enumerated critstate or federal regulatory agency whose regulatory scheme has been determined by the Commissioner to be substantially similar to that of North Carolina, (ii) is organized and supervised under the laws of a state that has adopted a model licensing law endorsed by the Commissioner; or (iii) is supervised by a state or federal agency that is a party to an interstate compact, or has otherwise entered into a cooperative reciprocal agreement by which the state or federal regulatory agency and the State of North Carolina, directly or by duly authorized act of the Commissioner, have mutually agreed to recognize state licensing laws which have specific enumerated critstate that has adopted a model licensing law endorsed by the Commissioner; or (iii) is supervised by a state or federal agency that is a party to an interstate compact, or has otherwise entered into a cooperative reciprocal agreement by which the state or federal regulatory agency and the State of North Carolina, directly or by duly authorized act of the Commissioner, have mutually agreed to recognize state licensing laws which have specific enumerated critstate or federal agency that is a party to an interstate compact, or has otherwise entered into a cooperative reciprocal agreement by which the state or federal regulatory agency and the State of North Carolina, directly or by duly authorized act of the Commissioner, have mutually agreed to recognize state licensing laws which have specific enumerated critstate or federal regulatory agency and the State of North Carolina, directly or by duly authorized act of the Commissioner, have mutually agreed to recognize state licensing laws which have specific enumerated critState of North Carolina, directly or by duly authorized act of the Commissioner, have mutually agreed to recognize state licensing laws which have specific enumerated critstate licensing laws which have specific enumerated criteria.

The law states: «Each animal control officer shall, within 24 months of the effective date of this act if serving as an animal control officer before the effective date of this act or within 12 months from the officer's date of hire if such date of hire is on or after the effective date of this act, complete a training course offered under section 151C of chapter 140 of the General Laws; provided, however, that such training requirement shall be subject to the availability of funds in the Homeless Animal Prevention and Care Fund, established in section 35TT of chapter 10 of the General Laws, as determined by the commissioner of the department of agricultural resources.

-- In any criminal action, civil action, or administrative proceeding, a State regulating the growing and processing of industrial hemp under State law shall have exclusive authority to determine whether any such plant meets the concentration limitation set forth in subparagraph (B) of paragraph (16) of section 102 and such determination shall be conclusive and binding.».

(Actually, strictly speaking, the officer is only entitled to determine the information that an ID would reveal, and not to insist that someone actually have the ID on his person, under state law, although a local ordinance or court interpretation of the law could possibly give him the authority to actually demand an ID to determine this information.

The Court also stated that a Member State has the power to define the connecting factors to determine whether a company is incorporated under the law of that Member State.

We argued that the residents» alleged claims were too individualized and unique to be adjudicated as a class, and pointed out that it would be impossible to determine the putative class members without expert review of thousands of individual medical charts, which is not permissible under HIPAA and other privacy federal and state laws, and statistics and surveys were no substitute to assess individual medical care.

One respondent had to determine the validity of a judgment under Indonesian law and whether it was entitled to comity in the United States; others needed to determine French pension rights in order to determine strategy in a divorce action, and the impact of the real estate law of Vietnam.

Colorado state operates under «modified comparative negligence» law, which has important consequences when trying to determine fault in an accident.

Although the courts in the state in which the child is currently located have exclusive custody jurisdiction from their own perspective, if the child is taken to visit another country, the courts there will often have jurisdiction under the local law of that country to determine what is best for the child.

By contrast, whether the Charter also applies to the national rules determining under what conditions police and judicial authorities can access the retained data is less obvious, because Directive 2002 / 58 / EC does not cover «activities of the State in areas of criminal law» (Art. 1 (3)-RRB-.

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Under UIFSA, the law of the forum applies, except to the termination date of the order, which is determined under the law of original issuing sUnder UIFSA, the law of the forum applies, except to the termination date of the order, which is determined under the law of original issuing sunder the law of original issuing state.

The law simply states that the damages must be «just» under the circumstances of the case and gives the court discretion to determine the rights of certain survivors to certain damages.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

However, Article 5 (2) proceeds to allow Member States to carve out an exception under national law where sex is a «determining factor in the assessment of risk based on relevant and accurate actuarial data.»

That surely can refer only to such controversies in which a State can be a part, in respect to which, if any question arises, it can be determined, according to the principles I have supported, in no other manner than by a reference either to preexistent laws or laws passed under the Constitution and in conformity to it.

The court was required to determine if the truck's owner should have his liability reduced under a state law that limits an owner's liability to $ 100,000 when liability is based only on the fact that the owner loaned the vehicle to another person who negligently caused the accident.

a) the agreement was null and void under the law of the State of the chosen court, unless the chosen court has determined that the agreement is valid; b) a party lacked the capacity to conclude the agreement under the law of the requested State; c) the document which instituted the proceedings or an equivalent document, including the essential elements of the claim,

Like many states, Rhode Island uses federal taxable income, as determined under the current IRC (but without special deductions allowed under federal law), as the starting point for determining taxable income for purposes of the business corporation tax.

Finally, the Court held, it would be odd for Congress to require Courts to look to state law to determine what is a «felony punishable under the CSA,» and we should not assume that Congress would introduce such a lack of uniformity into immigration law.

Health oversight agency means an agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, or a person or entity acting under a grant of authority from or contract with such public agency, including the employees or agents of such public agency or its contractors or persons or entities to whom it has granted authority, that is authorized by law to oversee the health care system (whether public or private) or government programs in which health information is necessary to determine eligibility or compliance, or to enforce civil rights laws for which health information is relevant.