The court ruled based its ruling on the doctrine
of substantial compliance, under which a court overlooks technical compliance failures when the parties have met the overall purpose of the law.
The Court of Appeal handed down judgment last week in a public law case concerning the application of the principles
of substantial compliance to the apparently mandatory duties of local authorities to use prescribed traffic signs and road markings.
applications for inclusion on the [European Quality Assurance Register] should be evaluated on the basis
of substantial compliance with the ESG, evidenced through an independent review process endorsed by national authorities, where this endorsement is required by those authorities.
Not exact matches
(2) We don't want to incur the
substantial costs — both
of getting public and being public in terms
of compliance, filings, etc. — and we don't need the management distractions.
In his final full report in July 2016, Orleans wrote that «Quinnipiac has made
substantial compliance progress during the course
of Decree,» noting the women's rugby championship in the 2015 - 2016 season as one example
of the women's teams» «recent competitive achievements.»
Aware that today, five years after the adoption
of the International Code, many Member States have made
substantial efforts to implement it, but that many products unsuitable for infant feeding are nonetheless being promoted and used for this purpose; and that sustained and concerted efforts will therefore continue to be necessary to achieve full implementation
of and
compliance with the International Code as well as the cessation
of the marketing
of unsuitable products and the improper promotion
of breastmilk substitutes;
The Department
of Law, along with the plaintiffs in the case, have also agreed to recommend the court's monitor have the three - year oversight with the stipulation that the NYPD is in «
substantial compliance» with the ruling.
«The European side's goal is to present a serious and
substantial offer
of co-operation, which demonstrates to Iran the benefits that would flow from
compliance with the IAEA's successive resolutions, rather than the further isolation which would result from their failure to do so,» she said.
Companies report that the administrative burden for voluntary
compliance with the Guidance is
substantial; we estimate, based on reports from the IGSC, that sequence screening and follow - up on pathogenic and potentially pathogenic sequences accounts for 1.5 — 3 %
of total costs.
The level
of conformity with the ESG required for ENQA membership is that
of «
substantial compliance», not rigid adherence.
In the post — No Child Left Behind world, reporting and
compliance are significant components
of a district's work product and require
substantial allocation
of resources.
The results
of the experience was an 83 % positive response in engagement — a
substantial increase from the normal methods that were previously used to deliver the
compliance training.
From the
compliance of its ride quality to the reassuring weight and response
of the steering, the Volt drives more naturally and feels more
substantial than hybrids like the Honda Insight and Toyota Prius.
Noise
Compliance Audit Protocol — Expand the wind speeds covered under the protocol to include wind speeds below 4 metres / second which are the source
of a
substantial portion
of complaints about excessive noise.
Its provision was amended in 2006 to use the language
of dispensation with formalities rather than
substantial compliance.
be in
compliance with the BC Code rule 3.4 - 26.1, which prevents a lawyer from advancing funds to a client if there is a
substantial risk that the lawyer's loyalty to or representation
of the client would be materially and adversely affected by te lawyer's relationship with the client or interests in the client or the subject matter
of the legal services.
This decision will have a
substantial effect not only on executive - level issues such as liability, taxation and regulatory
compliance, but also on the day - to - day operations
of the company.
The judgment applies the law on
substantial compliance to the issue
of defective signs and lines.
The Court
of Appeal held that it was difficult to reconcile the strict approach in Davies v Heatley with the modern approach to statutory interpretation and
substantial compliance exemplified by R v Soneji [2006] 1 A.C. 340.
Two months later, the U.S. Department
of Education announced the school would lose its federal student aid after finding it made «
substantial misrepresentations» to current and prospective students regarding its
compliance with ABA accreditation standards.
[60] There is the possibility that part
of the agreement will pass stage one
of the Miglin analysis and part will be disregarded; for example, where the circumstances surrounding the negotiation and execution
of the agreement are acceptable but a provision, such as duration, is not in
substantial compliance with the Act.
[50] Justices Bastarache and Arbour concluded spousal support agreements should be given considerable weight, except: (i) where the circumstances under which such an agreement was negotiated and executed are unsatisfactory; (ii) where there is
substantial unfairness (non-
compliance with the objectives
of the Divorce Act) when the agreement was entered into; or (iii) where at the time an application to determine spousal support is commenced there has been a change in circumstances not reasonably anticipated by the parties which renders the agreement unfair (i.e., no longer in
compliance with the objectives
of the Divorce Act).
Critically, Coulson J accepted Woods» submission that EU law (Article 47
of the EU Charter
of Fundamental Rights, the general Treaty principle
of effectiveness and the Remedies Directive) required that the Court must order a remedy that «ensured
substantial compliance with» EU procurement law (§ 4).
Through the years, Aaron has negotiated and closed
substantial and complex transactions, counseled executive management for technology - based companies and information systems departments, and managed all aspects
of HIPAA privacy and security
compliance for several medical facilities, including a major metropolitan hospital.
He assists clients in navigating international legal issues, and a
substantial portion
of his practice is focused on
compliance with anti-corruption laws and export controls, including the Foreign Corrupt Practices Act (FCPA), International Trade in Arms Regulations (ITAR), Export Administration Regulations (EAR) and other relevant laws and regulations.
Under the
substantial compliance standard, the court looked to whether the record «creates a concern regarding the overall adequacy and integrity
of the... decision making process.»
The court must also assess the extent to which enforcement
of the agreement still reflects the original intention
of the parties and the extent to which it is still in
substantial compliance with the objectives
of the Divorce Act (which include the objectives
of finality, certainty and autonomy).
In addition, our securities and litigation attorneys have
substantial experience in the representation
of issuers, officers and directors, broker - dealers, registered representatives and individuals in a broad range
of investment,
compliance and employment matters, including in SEC, FINRA and state investigations and proceedings.
Much
of their
compliance work is administrative and non-competitive — if they «clubbed» together and had one law firm doing that sort
of work, the savings could be
substantial.
«The introduction
of new criminal charges will mean that businesses will feel compelled to increase the already
substantial investment they make in
compliance for foreign exchange and other fixed income trading teams.»
He first argued
substantial compliance with the ITCA through his ongoing communication with the insurance company, which made SCCAP aware
of the claim.
The most
substantial and controversial change introduced by the Handbook is the requirement that all law firms, irrespective
of size, designate a
compliance officer for legal practice (COLP) and a
compliance officer for finance and administration (COFA).
Due diligence, a
substantial compliance culture, a strong foundation
of financial control, good corporate governance and security, and effective comparative price monitoring programmes are essential tools to avoid becoming the target
of such scrutiny.
Otherwise it may receive the ire
of privacy - conscious users and critics, and strengthen the case for
substantial regulation
of its ads (though regulation could end up protecting Facebook from competitors who can't afford
compliance).
Individuals who bought cryptocurrency with the proceeds
of unlawful activities; Individuals who accepted or converted other forms
of currency into cryptocurrency to conceal income or assets from the IRS; Individuals with
substantial unreported cryptocurrency income and / or gains; Individuals who derive all or most
of their income from cryptocurrency (e.g., bitcoin miners); and Individuals who will continue to stick their head in the sand and fail to bring their unreported cryptocurrency into tax
compliance, as some unreported foreign accountholders still do.
HIGHLIGHTS
OF QUALIFICATIONS • Deep understanding of contemporary medical care interventions • Compliance to hospital sanitation and hygiene clinic requirements • Well versed in dealing with patients from diverse and varied cultural groups effectively • Skilled in general ambulatory care • Substantial knowledge of family planning and women's health issues • Trained in patient case filing and management • Demonstrated ability to develop excellent patient care plans in collaboration with consulting physicians • Genuine compassion with ability to communicate effectively with patients • Proficient in MS office suite programs and handling of electronic patient data bases • Bilingual: Fluent in Spanish and Engli
OF QUALIFICATIONS • Deep understanding
of contemporary medical care interventions • Compliance to hospital sanitation and hygiene clinic requirements • Well versed in dealing with patients from diverse and varied cultural groups effectively • Skilled in general ambulatory care • Substantial knowledge of family planning and women's health issues • Trained in patient case filing and management • Demonstrated ability to develop excellent patient care plans in collaboration with consulting physicians • Genuine compassion with ability to communicate effectively with patients • Proficient in MS office suite programs and handling of electronic patient data bases • Bilingual: Fluent in Spanish and Engli
of contemporary medical care interventions •
Compliance to hospital sanitation and hygiene clinic requirements • Well versed in dealing with patients from diverse and varied cultural groups effectively • Skilled in general ambulatory care •
Substantial knowledge
of family planning and women's health issues • Trained in patient case filing and management • Demonstrated ability to develop excellent patient care plans in collaboration with consulting physicians • Genuine compassion with ability to communicate effectively with patients • Proficient in MS office suite programs and handling of electronic patient data bases • Bilingual: Fluent in Spanish and Engli
of family planning and women's health issues • Trained in patient case filing and management • Demonstrated ability to develop excellent patient care plans in collaboration with consulting physicians • Genuine compassion with ability to communicate effectively with patients • Proficient in MS office suite programs and handling
of electronic patient data bases • Bilingual: Fluent in Spanish and Engli
of electronic patient data bases • Bilingual: Fluent in Spanish and English
Substantial transactional experience negotiating and drafting a wide range
of agreements, domestic and international, for private companies and public entities, as well as overseeing and managing various
compliance issues for organizations.
Further, as respecting possible modification, because
of past issues
of the defendant failing to comply with orders
of the court; providing token
compliance with orders
of the court while ignoring the spirit and intent
of the orders (including the orders dated December 1, 2010); the defendant's lengthy pattern
of contemptuous conduct; the expenses and financial waste caused by the defendant; the
substantial financial drain on the resources
of the plaintiff and the guardian ad litem caused by the defendant; the pattern
of parental alienation; prior false reports
of abuse and / or neglect to governmental entities; and the need for repose on the part
of the minor child, it is anticipated that in addition to satisfaction
of the foregoing conditions, no modification motion is permitted to be filed by defendant regarding the sole physical and / or sole legal custody arrangements, except in the case
of the plaintiff's total and permanent disability as determined by the Social Security Administration, unless the following conditions are satisfied...» Eisenlohr v. Eisenlohr, 2011 WL 1566201 at * 4 (Conn.Super.).
It relies on s25C
of the Acts Interpretation Act 1901 (Cmlth) which provides that «unless the contrary intention appears, strict
compliance with a prescribed form is not required and that
substantial compliance is sufficient», and contends that no contrary intention appears in the Act.
Reliance was also placed on section 25C
of the Acts Interpretation Act 1901 (Cwth), which provides: «unless the contrary intention appears, strict
compliance with a prescribed form is not required and that
substantial compliance is sufficient.»