Sentences with phrase «of administrative action by»

Indeed, the latter provides a model for the future development of the procedural law of judicial review of administrative action by Canadian courts.

Not exact matches

Administrative actions — seizure of property by a government agency without notice or due process; becoming enmeshed in a frivolous civil lawsuit.

The bishop of Rome, claiming immediate jurisdiction over every local congregation and individual, was served by administrative personnel whose readiness to require intellectual obedience was unsustained by relevant theological or historical scholarship, or by a habit of explaining their disciplinary actions.

There he says, one, that the shift from the concept of «the State's role as providers of equal opportunities to every citizen» to that of providing education, health and other social services «to those who can afford to pay» is a U-turn in public policy which «has been made surreptitiously by administrative action without public discussion and legislative sanction»; two, that the total commercialization of social sectors is «alien even to free market societies»; and three, that «the ready acceptance of self - financing concept in social sectors alien even to free - market societies is the end result of gradual disenchantment with the Kerala Model of Development», which has been emphasizing the social dimension rather than the economic, but that it is quite false to present the situation as calling for a choice between social development and economic growth.

«In the light of the foregoing, our client has instructed us to serve you notice of its intention to institute legal proceeding against the State as a result of the wrongful interference by State officials with our client's right to» prospect on its concession and also a breach of its right to administrative justice, the latter cause of action resulting from the seizure and - detention of trucks without, due process as well as recover all sums of money our client must pay to Engineers an Planners by reason of the actions of die State officials responsible for the seizure and detention of the trucks.»

Shimon Waronker, the embattled superintendent of the Hempstead school district, was placed on administrative leave by the district's school board majority — an action, which if it holds up, will ban the former New York City educator from intervening in the operations of Long Island's most troubled school system.

President of policy think tank, IMANI Africa, Franklin Cudjoe has defended a decision by the Finance Minister, Ken Ofori - Atta, to commence legal action against the Commission on Human Rights and Administrative Justice (CHRAJ), over aspects of the institution's report on the $ 2.25 billion bond saga which somewhat indicted the Minister.

[* Note: UBF did not omit the second part (ii) of this question («Been charged or convicted of a criminal offense pursuant to any administrative and / or regulatory action taken by any government entity?»)

The Eliezer Eliot Quiñones case, however, is now in Federal Court because three 32nd SD (BX) voters allege that their voting rights were infringed upon by harmful administrative actions taken by the Commissioners of the NYC Board of Elections.

Action to increase academic salaries would help, they suggest, but beyond that, «it is not always a pleasing prospect to spend upwards of 10 years learning how to do good research only to get drowned by teaching and administrative duties in a lectureship.»

In the United States v. Texas, he Supreme Court decided, by a tied vote, to uphold the decision of the lower courts, blocking President Obama's administrative actions on immigration and placing the futures of more than 5 million immigrants in limbo.

If the Contracting Officer notifies the Contractor in writing that a strike or picketing: (a) is directed at the Contractor or subcontractor or any employee of either; and (b) impedes or threatens to impede access by any person to a DOT facility where the site of the work is located, the Contractor shall take all appropriate action to end such strike or picketing, including, if necessary, the filing of a charge of unfair labor practice with the National Labor Relations Board or the use of other available judicial or administrative remedies.

The action is being initiated by the quality and technical supervision bureau of the government's administrative arm.

(b)(1) Prior to the adoption, amendment, or repeal of any regulation, the administrator shall give at least 35 days» notice of its intended action by filing notice of intended action with the Legislative Reference Service for publication in the Alabama Administrative Monthly.

That widely distributed pitch prompted Nevada regulators to issue a «fraud alert» warning that «consumers, brokers and lenders that complete, submit or participate in the completion and submission of an application for credit that contains misrepresentations or false information are subject to administrative actions and potential criminal penalties by the state.»

Only to the extent permitted by Rule 14d - 10 (b)(2), the Offer will exclude all holders of Shares in a U.S. state where Purchaser is prohibited from making the Offer by administrative or judicial action pursuant to a state statute after a good faith effort by Purchaser to comply with such statute.

As most of you know, the Dodd - Frank Act gives the CFPB various enforcement powers including the authority to engage in administrative enforcement actions (typically followed by a consent order) and to bring civil litigation proceedings.

Notification or service of any order, notice, or other issuance or communication by the commissioner by certified mail to the address most recently provided to him by the person shall satisfy all requisites of service required for any registration, administrative, enforcement, or other action, undertaken by him pursuant to the Louisiana Administrative Procedure Act or otherwise, in connection witadministrative, enforcement, or other action, undertaken by him pursuant to the Louisiana Administrative Procedure Act or otherwise, in connection witAdministrative Procedure Act or otherwise, in connection with such person.

7.6 Program Violations: Program violations, fraud or abuse in relation to point credit or reward usage is subject to appropriate administrative and / or legal action by appropriate governmental authorities and by ONYX Hospitality Group including, without limitation, the forfeiture of all point transfers, rewards, or Award Nights issued pursuant to point redemptions and any accrued points or miles in your account, as well as cancellation of the account and your future participation in the Program.

May 7, 2009 Janez Jansa at Location One will take you through a series of artistic, political, administrative and media actions performed by himself together with Janez Jansa and Janez Jansa with a particular focus on their latest personal exhibition entitled NAME Readymade.

Therefore in the US, to determine the actual reasons for domestic action on climate change it is not sufficient to examine the claims of the administrative branch of government alone, one must examine the arguments made by opponents of climate change that have successfully blocked stronger climate change action by the government.

Costs are defined in a variety of ways and under a variety of assumptions that affect their value ► Cost types include: ► administrative costs of planning, management, monitoring, audits, accounting, reporting, clerical activities, etc. associated with a project or program; ► damage costs to ecosystems, economies and people due to negative effects from climate change; ► implementation costs of changing existing rules and regulation, capacity building efforts, information, training and education, etc. to put a policy into place; ► private costs are carried by individuals, companies or other private entities that undertake the action, where ► social costs include additionally the external costs on the environment and on society as a whole.

An explanation given by the Obama Administration was that they would prefer that GHGs be regulated under «cap and trade» legislation, but that perhaps the threat of administrative regulation would spur Congressional action.

This raises complications because, as Lord Goff noted in Factortame No 2: «in this country there is no general right to indemnity by reason of damage suffered through invalid administrative action.»

We also represent employers before all levels of courts in wrongful dismissal actions, occupational health and safety matters, judicial reviews of decisions made by administrative tribunals and to obtain injunctive relief.

Judicial review of administrative action can not be ousted by privative clauses.

Indeed, the Act specifically states that» [t] here shall be no judicial review of compliance or noncompliance with any provision of this Act» and, moreover, «no provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.»

The administrative dismissal of actions for delay has caught many lawyers by surprise, and has led to several hundred claims and almost $ 10 million in claims costs in just three and a half years.

Such privative or ouster clauses have often been treated with a degree of contempt by the courts particularly if they are seen as an attempt to exclude the supervisory powers by way of judicial review of the superior courts over administrative action.

(b) An external focus through which the Law Society will provide facilitation of a standing forum for collaboration on access to justice by: (i) Reconstituting the Treasurer's Advisory Group on Access to Justice as a standing forum called the Treasurer's Action Group on Access to Justice; and (i) Providing administrative and other resources necessary to convene and support the ongoing functioning of the standing forum.»

Before Dunsmuir, the standard of review of administrative action was determined by application of the «pragmatic and functional» analysis.

Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision, except that:

All appeals of orders, administrative penalties, cancellation or suspension of licences, discriminatory action complaint decisions, or review decisions, will be heard by the Alberta Labour Relations Board

Abstract The standard of review analysis for judicial review of administrative action developed over the course of four decades by the Supreme Court of Canada had two important features.

Housing & Benefits Team Our Housing & Benefits Team has the goal of supporting the criminal practice by aiding to stabilize the living situation of our Brooklyn clients by representing clients in administrative proceedings, eviction proceedings, affirmative actions seeking repairs as well as advocate on their behalf for access to public benefits.

(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;

The Council shall, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market.

In many contexts of administrative action, it might be queried how (other than by simple assertion, rather than by demonstration as a result of determinate analysis) one can say that some administrative action which costs money is or is not proportionate to the cost (and hence proportionate to all the other competing public goods which might otherwise be pursued using the same money).

Yet far from paralysing the Australian state into inaction by encumbering the legal system with an unwieldy distinction between judicial and non-judicial power, this limitation on the scope of judicial power prompted the development of the Administrative Appeals Tribunal, an expert administrative appellate body — presided over by a judge — which is expressly empowered to consider the «merits» of governmental actionAdministrative Appeals Tribunal, an expert administrative appellate body — presided over by a judge — which is expressly empowered to consider the «merits» of governmental actionadministrative appellate body — presided over by a judge — which is expressly empowered to consider the «merits» of governmental action (Cane, 2009).

We regularly defend businesses in actions brought by public agencies and private organizations, and before administrative agencies as well as courts of all levels.

To the extent that it is required by the Rule of Law principle, judicial review of administrative action, including correctness review on questions of law, is a constitutional requirement.

23 By judgment of 27 August 2009, the Helsingin hallinto - oikeus (Administrative Court, Helsinki) dismissed the action brought by Mr O for the decision of the Maahanmuuttovirasto to be annulleBy judgment of 27 August 2009, the Helsingin hallinto - oikeus (Administrative Court, Helsinki) dismissed the action brought by Mr O for the decision of the Maahanmuuttovirasto to be annulleby Mr O for the decision of the Maahanmuuttovirasto to be annulled.

By Administrative Order dated March 2, 2018, Chief Administrative Judge Lawrence K. Marks further deferred the promulgation of the example of a notice of petition to be used in a proceeding under article 7 of the Real Property Actions and Proceedings Law on the ground that the respondent has defaulted in the payment of rent.

As a result, the effect of the legislation is to require the High Court to condone unlawful administrative action by declining to issue any relief in respect of it.

Following the introductory section to the U.S. Code's chapter on judicial review of administrative agency decisions (5 U.S.C. Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion by law.

They are psychotherapy notes, information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding, and certain protected health information maintained by a covered entity that is subject to or exempted from the Clinical Laboratory Improvements Amendments of 1988 (CLIA).

Activities authorized by law, including audits; civil, administrative, or criminal investigations; inspections * * * civil, administrative, or criminal proceedings or actions; and other activity necessary for appropriate oversight of the health care system.

A covered entity may disclose protected health information to a health oversight agency for oversight activities authorized by law, including audits; civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative, or criminal proceedings or actions; or other activities necessary for appropriate oversight of:

«in all action concerning children, whether undertaken by public or private social welfare institution courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration».

Or, in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the individual had reasonable grounds for believing the individual's conduct was lawful.