Sentences with phrase «notice of hearings under»

Has it instructed its Tenancy Dispute Officers to investigate more thoroughly all instances in which tenants are served with notice of hearings under section 57 (3)(b) of the Act, i.e., by posting of the notice in a prominent place on the rented premises?

Not exact matches

(a) The Board may refuse to issue a license, and after notice and hearing, may suspend or revoke the license of a person who is subject to disciplinary action under section 41 of the act (63 P. S. § 422.41) as set forth in § 16.61 (relating to unprofessional and immoral conduct).

But the department never followed through with a formal «notice of discipline,» which is required within five days under the union contract, and would have prompted a hearing, Snyder said.

We never noticed any pausing or hesitation after pressing the accelerator, nor did we hear the annoying street - railway whine of Toyota's Synergy Drive under braking.

(c) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this section, finds that the plan has been so changed that it no longer complies with the requirements of subsection (a) of this section; or in the administration of the plan there is a failure to comply substantially with any provision of such plan, the Secretary shall notify such State agency that no further payments will be made to the State under this title (or, in his discretion, that such further payments will be reduced, in accordance with regulations the Secretary shall prescribe, or that further payments will not be made to the State only for the projects under the parts of the State plan affected by such failure), until he is satisfied there is no longer any such failure.

-- On the application of a State or local government, the Attorney General may, in consultation with the Architectural and Transportation Barriers Compliance Board, and after prior notice and a public hearing at which persons, including individuals with disabilities, are provided an opportunity to testify against such certification, certify that a State law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this Act for the accessibility and usability of covered facilities under this title.

After notice and hearing, the administrator may order a licensee under this chapter or a person acting on behalf of the licensee to cease and desist from engaging in violations of this chapter.

, you are lying on the floor of your place looking up, a small draft runs through the room, between the door and the window, and all things seem perfectly still, wind only disturbs concrete in imperceptible ways, or it may take millions of years to be noticed and, as the air runs through the space, all your plants move and all is animated and all is alive somehow, and here are the thoughts of all men in all ages and lands, they are not original with me, and that wind upon your plants is the common air that bathes the globe, and we have no ambitions of universalism, and I'm glad we don't, but the particles of air bring traces of pollen and are charged with electricity, desert sand, maybe sea water, and these particles were somewhere else before they were dragged here, and their route will not end by the door of this house, and if we tell each other stories, one can imagine that they might have been bathed by this same air, regrouped and recombined, recharged as a vehicle for sound, swirling as it moves, bringing the sound of a drum, like that Kabuki story where a fox recognizes the voice of its parents as a girl plays a drum made out of their skin, or any other event, and yet I always felt your work never tells stories, I tend to think that narrative implies a past tense, even if that past was just five seconds ago, one second ago was already the past, and human memory is irrelevant in geological time, plants and fish know not what tomorrow will bring, neither rocks nor metal do, but we all live here now, and we all need visions and we all need dreams, and as long as your metal sculptures vibrate they are always in the Present, and their past is a material truth alien to narrative, but well, maybe narrative does not imply a past tense at all and they are writing their own story while they gently move and breathe, and maybe nothing was really still before the wind came in, passing through the window as if through an irrational portal to make those plants dance, but everything was already moving and breathing in near complete silence, and if you're focused enough you can feel the pulse of a concrete wall and you can feel the tectonic movements of the earth, and you can hear the magma flowing under our feet and our bones crackling like a wild fire, and you can see the light of fireflies reflected in polished metal, and there is nothing magical about that, it is just the way things are, and sometimes we have to raise our voice because the music is too loud and let your clothes move to a powerful bass, sound waves and bright lights, powerful like the sun, blinding us if we stare for too long, but isn't it the biggest sign of love, like singing to a corn field, and all acts of kindness that are not pitiful nor utilitarian, that are truly horizontal as everything around us is impregnated with the deadliest violence, vertical and systemic, poisonous, and sometimes you just want to feel the sun burning your skin and look for life in all things declared dead, a kind of vitality that operates like corrosion, strong as the wind near the sea, transforming all things,

The court will need to be satisfied that both at the date of the service of the notice under section 8 of the 1988 Act and at the date of the hearing:

«The government clearly heard our perspective and adopted a balanced approach: There will be limited patent - term extensions in specified circumstances and a so - called «right of appeal» for brand - name manufacturers in applications under the Patented Medicines (Notice of Compliance) Regulations.»

The statute created a regime in Part I governing an application for a protection order made to a justice of the peace under s 5 (1) without notice of a hearing to the respondent.

Lastly, the court concluded at para. 203 - 5 that the legislative scheme under Part I was not procedurally fair: «The biggest deficiency lies in the failure to provide a respondent whose identity is known or easily ascertainable with notice of and opportunity to participate in the initial protection order hearing.»

Under 45 CFR § 164.420, OCR must notify the covered entity that it has 90 days to respond to the Notice of Determination and request a hearing.

(3) Upon receipt of a notice from the Director under subsection (1), the Tribunal shall hold a hearing.

(2) If a motion is brought under section (1), a) the applicant must set a date for the hearing that is i. No later than 60 days after notice of the motion is filed with the court, and ii.

d. To receive notice of a hearing if the child is considered to be neglected under the Child, Youth and Family Enhancement Act;

(2) A motion under section 137.1 shall be heard no later than 60 days after notice of the motion is filed with the court.

Hearings under the inherent jurisdiction are normally summary in nature but other equivalent civil injunctive relief (e.g. ASBOs) would at least have involved the service of Civil Evidence Act Notices.

As reported in the written decision of the Law Society Hearing Panel (which decision is under appeal by the applicant), the applicant threatened to sue the other board members for defamation after he was removed as President of the condo corporation and a notice of his removal was posted; circulated a letter (under a false name) on some floors within the building that falsely stated that some of the board members had previously gone bankrupt, had criminal convictions and were accepting bribes and free meals from the developer of the condominium to settle deficiencies with the developer; made a derogatory remark about some of the residents based on their ethnicity; threatened to report some of the directors to US / Canada border officials, falsely alleging that they were drug smugglers; threatened both the corporation's property manager and security services firm that their contracts with the condo corporation would be in jeopardy if they did not provide a character letter to the applicant.

The notice advising of the settlement approval hearing and the settlement approval order are posted under the Documents tab, below.

Even without notice, under s. 727 (3), the court may still impose an increased penalty after hearing evidence of the prior criminal record:

(14) If an appeal has been made to the appeal body under a provision listed in subsection (5) but no hearing has begun, and a notice of appeal is filed with the Local Planning Appeal Tribunal in respect of a related appeal, the Tribunal shall assume jurisdiction to hear the first - mentioned appeal.

88 (1) A party to a hearing held by the Commission under subsection 69 (8) or 77 (7) may appeal the Commission's decision to the Divisional Court within 30 days of receiving notice of the Commission's decision.

If representations are made, he should rule on the point, giving brief reasons for his ruling; (iii) where no CMD has been held, a chairman must ensure that the notice of hearing sent out under r 27 (1) states whether the hearing is to be before a full panel or chairman alone; if the latter, parties should be expressly invited to make representations if they wish as to why the hearing should take place before a full panel, giving reasons, including those factors referred to in ETA, s 4 (5).

Serving and filing the Notice of Appeal: If your appeal deals with a matter heard under PART I (non parking tickets) or PART II (parking tickets) of the Provincial Offences Act, you must file the completed Notice of Appeal with the appeal court office.

R. v. McCallum (N.J.) 2013 ABQB 175 Criminal Law — Compelling appearance, detention and release — Interim release or detention of accused pending trial or appeal — Review In August 2012, the court issued a notice to the profession, setting out, as a pilot project for Edmonton, «Changes to s. 525 Detention Review and s. 520 Bail Review Hearings» under the Criminal Code.

The case stated asked whether, on an application by a nominated successor for a direction under s 53 of AHA 1986 entitling her to a tenancy on the retirement of the tenant, the nominated successor had to satisfy the livelihood condition in s 50 (2)(a) not only by reference to the seven years ending with the date of the giving of the retirement notice, but also by reference to the seven years ending with the date of the tribunal hearing.

(2) If the respondent received notice of a hearing to consider a provisional order or a provisional variation order or notice of registration of a final order under the former Act before the commencement date, the matter shall be dealt with in accordance with the former Act as if it had not been repealed.

ct. judge (Maryland) take judicial notice of something that is a literally impossibility, then denied me an opportunity to be heard under FRCP 201 (e).

An employment tribunal hearing an appeal under the Health and Safety at Work Act 1974, s 24 by a person on whom a prohibition notice had been served is entitled to take into account all the available evidence relevant to the state of affairs at the time of the service of the prohibition notice, including information coming to light after it was served.

If you receive a notice of intent to suspend from a police officer under Oregon's Implied Consent Law, you are entitled to a hearing.

(e) Either party has had a history of domestic violence as either a victim or perpetrator, child abuse or child neglect evidenced by criminal history, including but not limited to, arrest, an injunction for protection against domestic violence issued after notice and hearing under s. 741.30, medical records, affidavits, or any other relevant information;

# 93 v. John F. (IL) Excellent decision in discipline case; includes procedural violations, prior written notice requirements, manifestation determination review, suspensions for more than 10 days, expedited hearings, special education and related services under IDEA, «passing grades» are not evidence of FAPE, homebound instruction violated LRE, more.

d. To receive notice of a hearing if the child is considered to be neglected under the Child, Youth and Family Enhancement Act;

(a) whether or not notice of a discipline hearing has been issued under section 40 [notice of discipline hearing],

(7) Within a reasonable time after receiving a written notice under subsection (6), the real estate council must issue a notice under section 40 [notice of discipline hearing], subject to the difference that the time for issuing the notice is at least 14 days before the time set for the discipline hearing, rather than 21 days, unless the licensee agrees to a shorter period.

(2) An appealable decision, other than one referred to in subsection (1), is stayed by the filing of a notice of appeal under section 54 [appeals], but the stay may be lifted under section 242.2 (10)(a)(ii)[tribunal member hearing appeal may lift stay] of the Financial Institutions Act.

(5) If the respondent fails to attend the conference, the hearing committee member presiding may proceed with the conference in the absence of the respondent and may make any order under subsection (8) if the hearing committee member presiding is satisfied that the respondent had notice of the conference.

is not stayed by the filing of a notice of appeal under section 54 [appeals] and may not be stayed under section 242.2 (10)(a)(i)[tribunal member hearing appeal may stay order] of the Financial Institutions Act.

(4) Subject to subsection (3), the real estate council may assign a discipline committee to deal with a particular matter for which a notice under section 40 [notice of discipline hearing] has been issued.

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

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

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

41 (1) At least 14 days, At least 21 days, or a shorter period permitted by the real estate council, before the time set for the discipline hearing, the licensee who received a notice under section 40 [notice of discipline hearing] may deliver to the real estate council a written proposal that includes the licensee's consent to a discipline committee making a specified order under section 43 [discipline orders] without conducting a hearing.