Sentences with phrase «federal statutes requiring»

While the need had been long recognized in Indiana, the impetus for this project came from federal statutes requiring guidelines to be in place no later than October 1, 1987.

Schools constructed after 1986 are not required to conduct the testing due to federal statutes requiring the use of «lead - free» plumbing infrastructure.

Bogle: I think you could have a federal statute requiring investment advisors large and small, institutions and individuals in the profession, to observe a fiduciary duty around things like reasonable costs, good corporate governance, and conflicts of interest.

Not exact matches

'» This is one more piece of evidence of «corrupt intent,» the mental state required by federal obstruction statutes.

«The fresh pizza industry has fought for years for an exemption from statutes that require additional federal inspection of fresh meat pizzas if they are to be served in a school.

«This doesn't cost businesses a penny,» Cuomo replied, saying that employees would pay into a fund and that businesses already have to require 12 weeks of leave under the federal statute.

@K Dog: but Jeb Bush was not required by federal statute to do it (or rather, to arrange to have it done) in precisely the way he chose to do it.

The federal bribery statute does not require and explicit quid pro quo for conviction, and a federal appeals court affirmed that there was potentially enough evidence in the government's case to merit a re-trial.

CEO Jeffrey Skilling that held the «honest services» statute used by federal prosecutors against both men requires proof of a kickback or bribe.

The proposed guidance required that unless prohibited by Federal statute for competitive grants and cooperative agreements, Federal awarding agencies must design and execute a merit review process for applications.

The development of the IEP is required in the federal Individuals with Disabilities Education Improvement Act (IDEA 2004), its regulations (known as 34 Code of Federal Regulations [CFR] Parts 300 and 301), and in Minnesota state special education rules and stfederal Individuals with Disabilities Education Improvement Act (IDEA 2004), its regulations (known as 34 Code of Federal Regulations [CFR] Parts 300 and 301), and in Minnesota state special education rules and stFederal Regulations [CFR] Parts 300 and 301), and in Minnesota state special education rules and statutes.

«By statute, [CALPADs] comprises only the data that the federal government requires [California] to collect, so it's not a comprehensive data system [and there are] a lot of weaknesses in it,» said David Plank, head of the research group Policy Analysis for California Education, or PACE.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

Homeowners insurance is not a legal requirement and there is no local, state or federal statute which makes having homeowners insurance required by law.

(3) Notwithstanding any other provision of this chapter to the contrary, if the administrator finds that an immediate danger to the public health, safety, or welfare requires adoption of a regulation upon fewer than 35 days» notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a regulation upon fewer than 35 days» notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency regulation.

Increasingly, environmentalists have been pressing the federal leasing agency to consider those cumulative impacts, and increasingly judges have been ruling that the 1970 NEPA statute, the foundation of modern environmental law, requires it.

The practice may be unlawful because the results can not be said to comply with the statute that requires such data to meet Federal quality standards.

NEPA is the landmark 1969 statute requiring federal agencies to consider the environmental impacts of «any major project — federal, state, or local — that involves federal funding, work performed by the federal government, or permits issued by a federal agency.»

The civil rights conspiracy statute requires proof of both an identifiable Constitutional or federal statutory right, and specific intent of the conspirators to deprive the victim of his federal right.

The time has come to require municipalities to provide the same level of access to municipal by laws as the federal and provincial governments provide to statutes and regulations.

Work highlights Appeared in the Supreme Court for the Match - E-Be-Nash-She-Wish Band of Pottawatomi Indians to defend a federal statute ratifying the trust status of property taken into trust for the tribe and requiring the dismissal of any suit in federal court relating to that property, following a claim that the statute violates constitutional separation of power principles.

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).

Thus the plaintiffs in Jennings v. Rodriguez argue that federal immigration statutes should be interpreted to require due process — and an individualized determination of danger or of a flight risk — before a person is subjected to prolonged detention pending removal.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's foFederal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's fofederal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

The Virginia and federal statutes allow one party to record a conversation, while Pennsylvania, as discussed above, requires the consent of all parties.

Claims against both federal and state governments require great attention to detail, as their statute of limitations is much shorter than in personal claims against individuals.

As far as I understand, when a federal court declares a federal statute unconstitutional, lower court simply adopts the same practice in the future and no repeal of the statute is required.

Similarly, in Alex v. Allen the federal district court indicated that the flexibility required to control the conduct of children allowed for student codes to use terminology broader than criminal statutes.

Although today most real estate laws are based upon federal and state statutes, there are still cases in which there are unique issues which arise that require judges and lawyers to follow the decisions of judges which were established under the common law system.

Many federal and state consumer statutes require the wrong - doer to pay attorney's fees.

Finding that the visual images transmitted by the accused through email depicted minors, as required for violation of federal statute which prohibits receiving or transporting visual depictions of minors engage in sexually explicit conduct was supported by expert testimony that they were minors.

These issues require consideration of a federal statute known as the Act of 1851 and the Treaty of Guadalupe Hidalgo, which that Act implemented.

Without any charge or membership required, Google Scholar provides fully searchable access to full text state and federal case law and statutes, scholarly articles and patents.

An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.

A judge may accept appointment to a governmental committee, commission, or other position only if it is one that concerns the law, the legal system, or the administration of justice, or if appointment of a judge is required by federal statute.

Response: To the extent a federal agency acting as a covered entity is required by federal statute to disclose protected health information, the regulation permits the disclosure as required by law under § 164.512 (a).

«so unyielding as to require enforcement of an agreement to arbitrate a dispute over the application of a regulatory statute which a state legislature, in conformity with analogous federal policy, has decided should be left to judicial enforcement.»

There are a number of federal programs which, either by statute or by regulation, restrict the disclosure of patient information to, with minor exceptions, disclosures «required by law.»

Already, a new federal statute will require courts of appeals to post unpublished opinions on their web sites by April 2005.

A federal statute, 18 U.S.C. § 6005, allows a single house or committee of Congress to vote to grant a congressional witness immunity from prosecution, thereby requiring the witness to give full and complete testimony at the hearing.

More and more federal, state, and local statutes require background checks for specific types of occupations.

Conversely, the state and territory governments maintain that PBCs should be funded by the Australian Government as they are an entity that is required by the NTA, which is a federal statute.

In September, the association publicly recognized Sen. Kevin Ranker as the organization's 2011 REALTOR ® Legislative Champion for his role as the prime sponsor of legislation that rejected a federal department of revenue interpretation of tax statutes requiring offices to pay business and occupation tax on other real estate offices» commission amounts; it meant taxing a portion of real estate commissions twice.

Refer to other Federal, State, County and / or City statutes or regulations, which may contain additional required disclosures relating to a real estate transaction.

The New Jersey Megan's Law serves as a model for sex offender disclosure laws, including the federal statute passed earlier this year requiring all states to enact disclosure measures.

While the bank issuing the home loan will require one, that is a contract term between you and the bank — it's not a Florida statute or federal regulation that is forcing the bank to require title insurance at the closing.

Modeled after a two - year - old New Jersey statute, the federal law requires sex offenders to register a current address with a designated state law enforcement agency and makes the dissemination of this information mandatory to preserve the safety of children in any given community.