Sentences with phrase «not granted under section»

Not exact matches

Any Shares subject to Awards granted under the Plan other than Options or Stock Appreciation Rights shall be counted against the numerical limits of this Section 3 as two and fifteen - one hundredths (2.15) Shares for every one (1) Share subject thereto and shall be counted as two and fifteen - one hundredths (2.15) Shares for every one (1) Share returned to or deemed not issued from the Plan pursuant to this Section 3.

The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9801 et seq.) is amended --(1) in section 658E (c)(3)(C) by adding at the end the following: «Provision of diapers for use by eligible children within the State who receive or are offered child care services for which financial assistance is provided under this Act is a direct service and shall not be included in administrative costs.»

(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien --(i) has abandoned or relinquished that status, (ii) has been absent from the United States for a continuous period in excess of 180 days, (iii) has engaged in illegal activity after having departed the United States, (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings, (v) has committed an offense identified in section 1182 (a)(2) of this title, unless since such offense the alien has been granted relief under section 1182 (h) or 1229b (a) of this title, or (vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

Once they have made that pronouncement, never would the executive under section 5 headed by Mr. President which execute laws made by the National Assembly under section 5 of the constitution nor the legislature which is bicamerally controlled by the Senate President and the Speaker of the House of Representatives, none of them has the power to tell a court of law that the bail you have granted we are not obeying it because of that hallowed doctrine of the separation of powers.

-- Not later than 120 days after the date of the enactment of this section, the Secretary shall establish a program under which the Secretary shall award grants to States to establish revolving loan funds to provide loans to small and medium - sized manufacturers to finance the cost of --

-- Of the total amount made available for each fiscal year for grants under this section, the Secretary shall allocate not less than 1 percent to Indian tribes.

The Colorado Supreme Court upheld the Colorado higher education grant program against a challenge brought under one of its Blaine Amendments (Article IX, Section 7) because the program benefits students, not their schools, because it is available to private as well as public school students, and because it eliminates any danger of indirectly supporting religious missions by attaching statutory conditions on the use of the money.

The Texas Attorney General concluded that providing public funds to parochial schools through tuition equalization grants under a religiously neutral program is not inherently unconstitutional under the Texas Constitution because although Texas» second Blaine Amendment (Article VII, Section 5) «prohibits aid to sects -LSB-,]» «not all denominational institutions are sectarian in the constitutional sense.»

After a change in U.S. Supreme Court Establishment Clause jurisprudence, the Alabama Supreme Court held that tuition grants to students attending private schools are constitutional under the First Amendment of U.S. Constitution and Alabama's Blaine Amendment (Article XIV, Section 263) because the aid goes to the student, not the school.

The entire waiver process was sloppily administered in the first place, with Duncan granting waivers to states (and allowing them to ignore whole sections of No Child) even thought they have not yet implemented or enacted all the proposals within their applications, and the administration ignoring concerns raised by its own peer review panels about such matters as how states have ignored the need to gain consultation on proposed changes from American Indian tribes as required under the U.S. Constitution (as well as from black and Latino communities equally affected by the evisceration of accountability).

Not less than 2 of the new commonwealth charters approved by the board in any year shall be granted for charter schools located in districts where overall student performance on the statewide assessment system approved by the board under section 1I of chapter 69 is in the lowest 10 per cent statewide in the 2 years preceding the charter application.

(c) The Secretary is also authorized to make grants to assist in the initial staffing of any public or nonprofit REHABILITATION facility constructed after the date of enactment of this section (whether or not such construction was financed with the aid of a grant under this section) by covering part of the costs (determined in accordance with regulations the Secretary shall prescribe) of compensation of professional or technical personnel of such facility during the period beginning with the commencement of the operation of such facility and ending with the close of four years and three months after the month in which such operation commenced.

Not less frequently than annually, and consistent with the plan developed under section 508 of title 23, the Secretary shall review and evaluate the programs carried out under this section by grant recipients.

Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to establish performance measures for grants under this section.

The Secretary shall require, by regulation, each owner and each operator granted new registration under section 13902 or 31134 to undergo a safety review not later than 12 months after the owner or operator, as the case may be, begins operations under such registration.

A State carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.

The state has the ability to set its own greenhouse gas standards — not fuel efficiency standards — for vehicles under section 209 of the Clean Air Act and an EPA - granted waiver.

Given that the Agency's jurisdiction to entertain a complaint under section 172 (1) turns almost exclusively on its own discretionary decision - making, section 172 (1) is a jurisdiction - granting, not jurisdiction - limiting, provision.

(6) Where a local authority refuse an application for a licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence; and the applicant or holder may appeal to a magistrates» court or, in Scotland, the sheriff, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local authority are required to impose.

Section 24 (5) of the Adoption and Children Act 2002 — «where (a) an application for the revocation of a placement order has been made and has not been disposed of, and (b) the child is not placed for adoption by the authority, the child may not without the court's leave be placed for adoption under the order» — applies only where a substantive application for the revocation of a placement order has been made, ie the applicant, having got over the leave hurdle, is making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success.

If a victim with a protection order granting exclusive possession of the residential premises is not a tenant and does not choose to assume the responsibilities of the tenant under section 9 (3) of the PAVFA, then the perpetrator will still have all of the responsibilities of a tenant, even though out of possession.

With an EPO or QBPO, it would seem that the perpetrator remains a tenant if the PAFVA and the RTA are read together — unless the victim with the protection order granting exclusive possession of the residential premises is not a tenant and chooses to assume the responsibilities of the tenant under section 9 (3) of the PAVFA.

My database has 4 leave decisions issued by Justice Wakeling under section 688 between 2014 and 2016, and interestingly he has granted leave in each case interpreting the «reasonable chance of success» criteria as requiring an applicant to show its case is merely arguable — as in not frivolous (See Edmonton v Edmonton (SDAB), 2016 ABCA 129 (CanLII); Kalinski v Cold Lake, 2015 ABCA 402 (CanLII); Osman Auction v Edmonton, 2015 ABCA 135 (CanLII); Edmonton v Edmonton (SDAB), 2014 ABCA 337 (CanLII)-RRB-.

The following cases suggest that if a claim is valid under Section 1983 of the Federal Civil Rights Act, that state law granting immunity to the official can not override Federal law under the Supremacy Clause.

Notwithstanding the foregoing, if Facebook or any of its subsidiaries or corporate affiliates files a lawsuit alleging patent infringement against you in the first instance, and you respond by filing a patent infringement counterclaim in that lawsuit against that party that is unrelated to the Software, the license granted hereunder will not terminate under section (i) of this paragraph due to such counterclaim.

pardon means a conditional pardon granted under Her Majesty's royal prerogative of mercy or under section 748 that has not been revoked.

Because contrary state laws for which an exception is available only under section 1178 (a)(2)(A) will be preempted by operation of law unless and until the Secretary acts to grant an exception, there will be an ascertainable compliance standard for compliance purposes, and enforcement action would be appropriate where such compliance did not occur.

(d) The total amount of grant assistance awarded by the Commission under this Section to an individual in any given fiscal year, when added to other financial assistance awarded to that individual for that year, shall not exceed the cost of attendance at the institution at which the student is enrolled.

The Land Trust which holds the Aboriginal land for an estate in fee simple must not grant any other lease under Section 19 of the ALRA of the construction area other than to:

The legislation does not authorise an Aboriginal Land Trust to deal with an estate or interest in land covered by a compulsory five - year lease other than by granting a lease under Sections 19 or 19A of the ALRA.50

The indemnity granted under section 5.1 shall not cover The Money Advice Service to the extent that a Claim results from the negligence, wilful default or wilful misconduct of The Money Advice Service.

-- Funds provided to an eligible entity receiving a grant under this section shall supplement, and not supplant, funds from other sources for early childhood home visitation programs or initiatives.

-- Except as provided in paragraph (2), the other provisions of this title shall not apply to a grant made under this section.

-- If, as of the beginning of fiscal year 2012, a State has not applied or been approved for a grant under this section, the Secretary may use amounts appropriated under paragraph (1) of subsection (j) that are available for expenditure under paragraph (3) of that subsection to make a grant to an eligible entity that is a nonprofit organization described in subsection (k)(1)(B) to conduct an early childhood home visitation program in the State.

An individual who fails to comply with this section may not be granted a license under this chapter, and any time spent by the individual completing the experience requirement as specified in s. 491.005 (1)(c), (3)(c), or (4)(c) before registering as an intern does not count toward completion of the requirement.

Local authorities do not have a duty under section 22 of the Children and Families Act 2014 to assess every home educated child to see whether or not they have SEN.. The high needs block of the Dedicated Schools Grant is intended to fund provision for all relevant children and young people in the authority's area, including home educated children.

(15) A lease granted under this section must not contain any provision relating to the payment of rent, or the non-payment of rent, in relation to a sublease of the lease.

(14) A lease granted under this section must not contain any provision requiring the consent of any person to the grant of a sublease of the lease.

(5) If, before the end of the 79th year of the term of a lease (the original lease) granted under this section, a Land Trust grants another lease under this section covering the area of land concerned (whether or not the other lease also covers other land), the original lease ends at the time the other lease takes effect.

Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a complaint with the Secretary or civil action under this subchapter.»