Sentences with phrase «proposed using the provisions»

To avoid forced campus closures or a state takeover, the district proposed using the provisions of another law that would give it a two - year reprieve by ceding control over the 10 schools to an outside organization.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

The Public Health Advocacy Institute («PHAI») has urged the USDA to put a provision in the agency's proposed wellness policy rules that would prohibit companies from using brand names, logos, characters, etc. on school product packaging if those same marketing elements are also used on products which don't meet the Smart Snacks nutritional requirements.

The bill is also seeking to incorporate the proposed law into a new Land - based charge, to be called Property Land Use charge to make provision for the levying and collection of the charge and for connected purposes.

A budget was passed that included a provision that will not allow Democrats to use a Senate filibuster to stall or to prevent actions proposed by Republicans.

By using resources that could be used for critical local infrastructure investments and for the provision of adequate state aid for education, the business tax cuts proposed by the Commission may in fact cause business to leave New York.

Good government groups and some lawmakers say the provision to use this year's state comptroller race to test public campaign financing is far short of the comprehensive program initially proposed by Cuomo and that it is flawed in conception.

A proposed provision that declares that nothing in future education policy would prevent the passage of Parent Trigger laws or other Parent Power efforts would be meaningful if it also proposed a competitive grant program to encourage states to enact such laws; as is, there is nothing in federal law that restricts states from passing Parent Trigger laws or keeps families from using them.

(e) The board shall establish the information needed in an application for the approval of a charter school; provided that the application shall include, but not be limited to, a description of: (i) the mission, purpose, innovation and specialized focus of the proposed charter school; (ii) the innovative methods to be used in the charter school and how they differ from the district or districts from which the charter school is expected to enroll students; (iii) the organization of the school by ages of students or grades to be taught, an estimate of the total enrollment of the school and the district or districts from which the school will enroll students; (iv) the method for admission to the charter school; (v) the educational program, instructional methodology and services to be offered to students, including research on how the proposed program may improve the academic performance of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to address the particular needs of limited English - proficient students, if applicable, to learn English and learn content matter, including the employment of staff that meets the criteria established by the department; (vii) how the school shall involve parents as partners in the education of their children; (viii) the school governance and bylaws; (ix) a proposed arrangement or contract with an organization that shall manage or operate the school, including any proposed or agreed upon payments to such organization; (x) the financial plan for the operation of the school; (xi) the provision of school facilities and pupil transportation; (xii) the number and qualifications of teachers and administrators to be employed; (xiii) procedures for evaluation and professional development for teachers and administrators; (xiv) a statement of equal educational opportunity which shall state that charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or academic achievement; (xv) a student recruitment and retention plan, including deliberate, specific strategies the school will use to ensure the provision of equal educational opportunity as stated in clause (xiv) and to attract, enroll and retain a student population that, when compared to students in similar grades in schools from which the charter school is expected to enroll students, contains a comparable academic and demographic profile; and (xvi) plans for disseminating successes and innovations of the charter school to other non-charter public schools.

Because smaller refineries can be affected by the California Average crude oil incremental deficit, but can not affect the Annual Crude Average carbon intensity, ARB is proposing to allow low - complexity / low - energy - use refineries to opt out of the California Average Crude Provision in the current LCFS regulation and instead have their crude oil incremental deficit calculated on a refinery - specific basis.

This additional analysis will also include the effects of proposed changes to the LCFS, such as potential revisions to the calculation of ILUC (indirect land use change) values, options for refineries to generate credits via a refinery credit provisions, provisions for electricity credits for off - road applications, and a cost containment provision, which may affect the volumes and types of fuels needed for compliance.

He also has an important post that you really should read if you use Trademark Electronic Application System, or TEAS, in your work: The U.S. Patent and Trademark Office is proposing a couple of rule changes, including a provision for TEAS users who want «to file a trademark or service mark application for registration on the Principal Register under section 1 and / or 44 of the act to pay a reduced fee under certain circumstances.»

Under the proposed legislation, «rape shield» provisions that prohibit a complainant's past sexual history from being used to try to discredit them, would also be expanded to include communications of sexual nature or a sexual purpose.

SAMHSA's long awaited proposed rule seeks to modernize the confidentiality provisions to better reflect the current treatment system, particularly with respect to ease of transferring records and patient information, while still maintaining privacy protections for those receiving substance use treatment.

The Board certified the amounts of the tariffs, but excluded (from one of the proposed tariffs) a provision requiring the provinces to cease using digital copies of the copyrighted materials and delete the copyrighted materials from their hard drives when they were no longer covered by the tariff.

Specifically, there are two provisions in the proposed opinion that raise concerns for attorneys using software as a service.

Many of these commenters proposed that a provision be added to the rule that would require court and administrative orders to safeguard the disclosure and use of protected health information.

To more clearly address where the substantive and procedural requirements of other provisions in this section apply, we have deleted the general sentence from the NPRM which stated that the provision «does not apply to uses or disclosures that are covered by paragraphs (b) through (m)» of proposed § 164.510.

In the proposed rule, other than for purposes of consultation or referral for treatment, we would have allowed a covered entity to disclose protected health information to a business partner only pursuant to a written contract that would, among other specified provisions, limit the business partner's uses and disclosures of protected health information to those permitted by the contract, and would impose certain security, inspection and reporting requirements on the business partner.

These commenters were confused as to whether a particular use or disclosure had to be specifically addressed by another provision of the rule or simply within the scope of the one of the national priority purposes specified by proposed paragraphs (b) through (m).

Comment: Commenters opposed the provision of the NPRM (§ 164.506 (c)(1)(ii)(B)-RRB- stating that an individual's right to request restrictions on use or disclosure of protected health information would not apply in emergency situations as set forth in proposed § 164.510 (k).

We also suggest that this approach ignores the fact that each separate provision of law usually represents a nuanced policy choice to, for example, permit this use or prohibit that disclosure; the aggregated approach proposed would fail to recognize and weigh such policy choices.

Comment: Many of the comments supported the proposed rule's provision that would have imposed the same requirements for both research uses and research disclosures of protected health information.

This is a conservative estimate of the number of people who will benefit from the regulation because it assumes that only those individuals who have health insurance or are in government programs will use medical services or benefit from the provisions of the proposed regulation.

Response: The proposed provision for the use or disclosure of protected health information for research purposes without authorization only pertained to individually identifiable health information.

A proposed class action was commenced in the Supreme Court of British Columbia alleging that Facebook Inc. («Facebook») used members» names or portraits as endorsements of third party advertisers, without those members» consent, contrary to the provisions of the Privacy Act.

In this proposed rule, we propose to amend the provisions for distribution of rebates in § 158.242 (b) to require group policyholders of non-Federal governmental plans to use the subscribers» portion of the rebate for the subscribers» benefit within 3 months of receipt of the rebate by the group policyholder.

A provision Congress passed in February prohibits the U.S. Treasury from using fiscal year 2003 funds to implement its proposed rule defining brokerage and management as financial activities.

The mass regulation of AI would be difficult, as each industry uses the technology differently; therefore, proposed guidelines typically include vague provisions, such as privacy protections and general requirements for explaining how an algorithm makes choices — a difficult endeavor, as they tend to run on complex networks, according to the Wall Street Journal.

House lawmakers recently gave a big boost to the NAR effort by passing a provision prohibiting the Treasury Department from using fiscal 2003 funds to implement its proposed rule.

At the same time, NAR is laying the groundwork to encourage passage of a provision banning the use of appropriations to fund the finalizing of the controversial banks - in - real - estate rule that the U.S. Treasury Department and the Federal Reserve proposed early in 2001, igniting the banks in real estate debate.

The first set of amendments, proposed in April 2013 and published on July 24, 2013, clarify, correct, or amend provisions on the relation to State law of Regulation X's servicing provisions; implementation dates for adjustable rate mortgage servicing; exclusions from requirements on higher - priced mortgage loans; the small servicer exemption from certain servicing rules; the use of government - sponsored enterprise and Federal agency purchase, guarantee or insurance eligibility for determining qualified mortgage status; and the determination of debt and income for purposes of originating qualified mortgages.