Sentences with phrase «failure to appear»

Wu, 46, faces a variety of charges including production of a controlled substance, possession for the purpose of trafficking, theft of electricity, possession of proceeds of crime, income tax and Goods and Services Tax evasion, failure to comply with restraint order, breach of recognizance of bail and failure to appear.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

199 DOS 98 Matter of DOS v. Wheeler — due process; failure to appear at hearing; failure to cooperate with DOS investigation; deposits; proper business practices; ex parte hearing may proceed upon proof of proper service; broker improperly conducted business under name other than that on his licensed as evidenced by signs indicating a different name; broker fails to provide agency disclosure form to buyer prior to entering into agency relationship; broker failed to deliver duplicate original of instrument to client; broker commingled funds by depositing deposit check into operating account; untrustworthiness demonstrated by failure to return deposit when offer not accepted; failure to comply with DOS investigation; broker's license revoked

112 DOS 99 Matter of DOS v. Dorfman - adjournments; proper business practices; failure to appear at hearing; failure to cooperate with DOS investigation; accounting to client; ex parte hearing may proceed upon proof of proper service; individually licensed broker seeking to conduct brokerage business under a name other than his own must apply for a license under such new name; broker engaged in the leasing of real property through an unlicensed corporation; broker failed to cooperate with DOS investigation by failing to respond to DOS letters and telephone calls; complaint alleges broker failed to provide an accounting or copies of records of management for owner's property; broker may be required to return commissions and fees received which he is not entitled to; $ 1,000.00 fine and suspension of broker's license until such time as broker establishes he has fully complied with DOS's investigation and made a full and satisfactory accounting to owner, shall have paid to owner all money due and owning to him as established by the accounting, with interest, and shall have refunded to owner all commissions and other fees, with interest, paid

168 DOS 98 Matter of DOS v. Briggs — due process; failure to appear at hearing; proper business practices; ex partehearing may proceed upon proof of proper service; licensee changed location of principal place of business without notice to DOS and operated a real estate brokerage business under an unlicensed name; real estate services rendered on behalf of an unlicensed entity are illegal; $ 500.00 fine, failure to timely pay fine will result in suspension

941 DOS 04 DOS v. Pohlig - proper business practices; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; broker licensed under one trade name conducted business under another trade name; broker relocated his business without notifying DOS, which results in automatic suspension of license; license suspended until compliance with notice to DOS on change of address and $ 1,000.00 fine for conducting business under an unlicensed trade name

107 DOS 98 Matter of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restitution

321 DOS 00 DOS v. Kerr - deposits; failure to appear at hearing; failure to pay judgment; disclosure of agency relationships; material misstatement on application; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proper notice; broker fails to provide RPL § 443 agency disclosure notice to landlord / client prior to entering into listing agreement; broker commits conversion upon exercising unauthorized right of ownership over rental deposits and payments collected on behalf of principal; failure to satisfy judgment is demonstration of untrustworthiness unless broker presents valid evidence of inability to pay; failure to respond to DOS request letter constitutes failure to cooperate; material misstatement on application by denying prior license suspension; broker's license revoked

84 DOS 99 Matter of DOS v. Woodland - failure to appear at hearing; jurisdiction; mortgage applications; failure to pay judgment; ex parte hearing may proceeding upon proof of proper service; DOS has jurisdiction over respondents for acts of misconduct which occurred during licensure even though the licenses expired on their own terms; DOS fails its burden of proof to establish broker failed to obtain signature on agency disclosure form; DOS fails its burden of proof to establish that a broker has an obligation to «pre-qualify» a potential purchaser; broker breached duty to deal honestly with the public when advised purchaser he would assist in obtaining financing and failed to do so; DOS fails its burden of proof that broker wrongfully failed to hold a $ 500.00 deposit in escrow as deposit was remitted to seller with the permission of buyer; failure to pay judgment without a showing that broker is unable to do so is a demonstration of untrustworthiness; no action to be taken for reapplication for broker's license until payment of $ 1,000.00 fine and proof of satisfaction of judgment

594 DOS 01 DOS v. Walker - deposits; failure to appear at hearing; failure to pay judgment; failure to cooperate with DOS investigation; notary public; proper business practices; broker commingles funds by placing deposits in operating account; broker allows escrow account to be overdrawn on numerous occasions; broker uses deposit for separate, unrelated business investment; broker fails to pay judgment without presenting an explanation or excuse for failure to pay judgment; broker fails to cooperate with DOS investigation by failing to respond to and comply with letter directing him to appear for a conference and to provide certain documents; broker fails to notify DOS of new address upon closing office; DOS fails to prove that salesperson improperly held herself out to be real estate broker associated with corporate broker, that the broker made misrepresentations to the purchasers regarding payments they were required to make toward the purchase, that some checks were returned for insufficient funds, that the broker failed to make certain required payments, that the broker properly failed to make certain other deposits and that the broker gave a postdated deposit check which could not be cashed due to insufficient funds; representative broker's and corporate broker's licenses revoked, return of deposits in the amount of $ 400.00 and $ 3,173.83 ordered with interest, civil judgment to be fully satisfied; salesperson fined $ 1,000.00 and notary commission suspended for four months

357 DOS 02 Matter of DOS v. Elias - failure to appear at hearing; failure to pay judgment; proper business practices; deposits; DOS fails its burden of proof; restitution; ex parte hearing may proceed upon proof of proper service; respondent failed to fully satisfy a judgment obtained against him without showing that he was unable to do so; a rental broker is entitled to compensation only after procuring a rental agreement between tenant and landlord; retaining part or all of the deposit without obtaining a rental agreement demonstrates untrustworthiness and incompetency; restitution may be ordered as a condition to retention of the broker's license where he has received money to which he is not entitled; unlawful for broker to operate real estate brokerage business at an address other than that which was stated on his application; broker operated his real estate business out of an address prior to obtaining a license for that address; DOS failed to prove that respondent commingled and converted deposits; real estate brokers license suspended for four months and an additional period of time until respondent proves he has paid the balance of the judgment

240 DOS 98 Matter of DOS v. Cordial Realty Group — failure to appear at hearing; cease - and - desist; ex partehearing is permissible upon proof of proper service; licensee demonstrated untrustworthiness and incompetency by soliciting a listing for sale of a house included on a cease - and - desist list; $ 500 fine

42 DOS 99 Matter of Smadar - failure to pay judgment; failure to appear at hearing; unearned commission; ex partehearing may proceed upon proof of proper service; denial of renewal of license due to failure to pay judgment; applicant fails to appear and establish that he is qualified to be licensed; application for brokers license denied

241 DOS 98 Matter of DOS v. Himark Realty — failure to appear at hearing; cease - and - desist; duty to supervise sales associates; vicarious liability; ex parte hearing is permissible upon proof of proper service; salesperson inadvertently calls home listed on cease - and - desist list which demonstrates incompetency; broker is obligated to supervise real estate brokerage activities of its salespersons and is vicariously liable for their misconduct, limited only with regard to penalty in cases where the broker lacked actual knowledge of misconduct or did not retain any benefit derived from that misconduct; corporate broker, representative broker and salesperson each to pay $ 250 fine

26 DOS 99 Matter of DOS v. Bronson - failure to pay judgment; DOS fails its burden of proof; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; DOS fails its burden of proof to establish broker made false statement with intent to deceive regarding property conditions; broker negligently makes misstatement to buyer; failure to pay judgment demonstrates untrustworthiness unless broker presents valid evidence of inability to pay; broker fails to appear to provide evidence; submission of unverified written answer is insufficient evidence to prove inability to pay judgment; broker's license suspended until broker submits proof he has fully paid judgment

«Pursuant to the Court's Order of July 25, 2005, Father was awarded sole custody of the two children with primary residence based upon the best interest factors, Mother's parent alienation, and her failure to appear at the hearing.»

For example, Pennsylvania law prohibits courts from using a deployed parent's failure to appear in court as the sole reason for modifying a custody order.

Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Division or the designated testing service, shall result in the forfeiture of the examination fee.

By all means bring his CTO with him to assist with answers, but failure to appear is just bad PR.

Elio's failure to appear comes less than a week after the company quietly confirmed yet another production delay of their 3 - wheeled vehicle on their Facebook page, telling fans the time frame is now 2018.

Additionally, the court may request that the Texas Department of Public Safety (DPS) deny renewal of your Texas driver's license for your failure to appear.

Also tickets which are past due, or have a Failure to Appear status are not eligible.

In a worst case scenario, without looking at your Idaho driving record you might not realize that your license has been suspended or you have been hit with a Failure to Appear notice.

If you fail to appear at your Arraignment then the Court will issue a Failure To Appear Bench warrant for your arrest.

Note: Failure to appear in court or exercise either of the aforementioned options in a timely manner may result in harsh penalties.

Your failure to appear could also result in assessment of a denial of driver license fee.

If this does happen, the Transportation Cabinet will hold a mandatory hearing to assess your driving privileges for the future, and failure to appear will result in immediate suspension of your license.

Reasons of the revocation would include the failure to settle fines and penalties of the traffic ticket violation, the failure to acknowledge responsibility of an accident, major accidents resulting to grave physical injury or even death, and the failure to appear before the court for a hearing.

Additionally, there are a few different infractions that will result in immediate suspension of your license, including a lack of insurance at the time of an incident, a DUI conviction in which you are found guilty, underage drinking, failure to appear in court (whether for a traffic ticket or a more serious violation), and refusing to submit to a drug or alcohol test.

Operating a motor vehicle without a valid driver license in violation of s. 322.03, s. 322.065, or s. 322.15 (1), or operating a motor vehicle with a license that has been suspended for failure to appear, failure to pay civil penalty, or failure to attend a driver improvement course pursuant to s. 322.291.

If you don't, you'll receive a «Failure to Appear» notice with a new date.

You may also want to contact a traffic ticket lawyer regarding the penalties stemming from your failure to appear.

Failure to appear in court for any traffic violation will remain on your driving record for 5 years.

If you miss your court date without informing the court beforehand, you will be issued a failure to appear.

- If your case involves a failure to appear warrant or additional fees, the failure to appear charge must be adjudicated and will need to be paid in full before you can attend a Traffic Violator School.

The Failure to Appear charge must be adjudicated or paid in full before you can attend Traffic School.

Your failure to appear may also result in other fines or assessments.

You must not have failed to appear under Vehicle Code section 40508 (a) unless the failure to appear charge has been adjudicated and you have paid any fines that were imposed.

Failure to appear at court or take action as instructed on your ticket or notices from the court may result in suspension of your license, and the court can charge you with a misdemeanor or infraction and issue a warrant for your arrest.

Just as with a failure to appear, failing to submit your paperwork will forfeit your right to ticket dismissal and will subject you to further fines.

You do not have a Failure to Appear hold on license or Civil assessment.

Failure to appear is doubly bad as it will disqualify you from ticket dismissal and may cost you more in additional fines.

You did not fail to appear for a violation, unless your failure to appear has been adjudicated and you have paid any applicable fines;

Your citation / ticket must not have defaulted to a failure to appear unless the failure to appear charge has been adjudicated and any fine or civil assessment imposed has been paid.

Failure to appear in court as required may result in a bench warrant issued for the defendant's arrest.

The DMV may place a hold on your driver's license for a failure to appear in court.

If a failure to pay or a failure to appear is found, the DMV can refuse to renew your vehicle registration.

In addition, failure to appear in court for a DUI conviction will keep those 2 points on your record for 10 years.

If you do not go to Court or pay your fine, the judge can also charge you with a failure to appear.

Failure to Appear - If you receive a traffic ticket and do not pay the fine on time or do not appear as required.