Sentences with phrase «retain discretion»

While we [ATSIS] will endeavour to meet any timetable for release of funds, we retain discretion to reduce or suspend all or part of the Grant Funds at any time.

If these amendments are made, the Court would retain the discretion as to whether to join the person as a party.

The Court would of course retain the discretion as to whether to join the person as a party.

The Commission therefore considers that the court should retain a discretion to direct which evidence rules should apply, having regard to the interests of justice and any specific cultural and customary concerns of Aboriginal peoples and Torres Strait Islanders.

Judges could also retain discretion to waive the bond requirement where appropriate.

For this reason, we believe boards must retain discretion to preserve vital institutional memory of high performing and contributing members.

However, the media does have an important role and the courts retain the discretion to omit the media in children matters, for example.

Is your client looking to retain discretion and anonymity or is he actively seeking to project a public message?

The courts could retain discretion over whether to publish opinions not treated as binding on future judges.62 Therefore, every precedential opinion of the Court of Review and every FISC en banc opinion should be published in redacted form.

The client will always retain the discretion to intercede in the matter, subject to appropriate revisions in the budget and to outside counsel's obligations under applicable rules of professional conduct.

JCPS and all school districts retain the discretion to establish attendance areas and implement transportation plans limited only by reasonable compliance with constitutional and statutory law.

The English courts therefore retain a discretion to enforce an award even where one of these grounds exists, but this discretion is very narrowly construed (Yukos Oil Company v Dardana Ltd [2002] 2 Lloyd's Rep 326; Dallah Real Estate & Tourism Holding Co v Ministry of Religious Affairs (Pakistan)[2009] EWCA Civ 755).

In making this determination, the Court of Appeal clarified that arbitrators retain discretion to protect privacy interests of parties or witnesses as they may deem necessary in the circumstances.

Concerns about limiting judicial discretion were raised by the Committee of Chief Judges but several speakers noted that trial courts would retain discretion over the remaining 50 % of any unclaimed class action residual funds.

And always retain discretion to limit or cancel any part of a flexible arrangement — in writing.

Kaur says Resolution agrees that making decisions within 26 weeks will be in the interests of most children, but hopes judges will retain discretion to allow cases more time.

And while the law should strongly encourage punitive damage awards in appropriate cases, judges should ultimately retain the discretion to award punitive damages.

And although judges retain a discretion to refuse nonetheless to make PCOs, it is difficult to see how a judge could use that discretion to refuse a PCO in the type of case in which the making of a PCO has been upheld by this court and there were no policy factors (for instance, collusion or the creation of an artificial case) that militated against it.»

E. Shelters should retain the discretion to decline placement of animals with severe behavior or medical issues or dogs deemed dangerous under applicable law.

While shelters should make every effort to find placement for animals, they should also retain the discretion (delineated in paragraphs (D) and (E) to make appropriate euthanasia decisions, particularly in instances involving severe medical or behavioral issues.

While we retain discretion over our retail prices, I've passed your feedback on for consideration.

However, we retain discretion over our retail prices and can not offer a price match in this case.

The agreement also sets a target award value for annual long - term incentive compensation awards at twice Mr. Braverman's annual base salary at the end of the fiscal year, but the Committee retains discretion to adjust this target value.

In addition, Dana Woldow tells me that the district retains the discretion to reject a food even if it meets the «no empty calories» criteria, so «doctored junk food» can be kept off campuses if the district chooses.

This very aspect of the bill drove lords to vote against the government earlier this month, when it emerged Grayling had misled the Commons by saying the courts retained discretion in exceptional circumstances.

Notwithstanding the provisions of this section, the President retains discretion, to the extent permitted by the law, to depart from this order in designating an acting Secretary of Transportation.

I understand and agree that, should more than one Foster - in - Good - Standing seek to adopt the same ABR Dog, ABR retains discretion to determine which Foster - in - Good - Standing will be allowed to adopt and that preference will be given to a Foster - in - Good - Standing who has actually fostered the particular ABR Dog and / or with whom, in ABR's judgment, the ABR Dog has already bonded.

Activision retains the discretion to determine the amount and the schedule of bonus payments for MW2 and has acted consistent with its rights and the law at all times.

The unexpurgated sentence reads: «Ultimately, a permitting authority retains the discretion to conduct a broader BACT analysis and to consider changes in the primary fuel in Step 1 of the analysis» (emphasis added).

Response: EPA's GHG Permitting Guidance (March 2011) says: ``... a permitting authority retains the discretion to conduct a broader BACT analysis and to consider changes in the primary fuel in Step 1 of the analysis.»

In cross-examining the accused (if he or she testifies), the Crown can cross-examine not only on general reputation, but on specific acts of bad character or misconduct that are similar in nature to the offences charged, in order to neutralize the evidence of good character.204 The trial judge retains the discretion to disallow such cross-examination where it would result in undue prejudice.205 If the accused made a statement to police that has been ruled voluntary, and there is an admission therein which is contrary to the evidence led by the accused in relation to his or her good character, the Crown should consider cross-examining the accused on that prior inconsistent statement.

(i) If the dangerous offender provisions are satisfied the judge still retains a discretion as to whether to impose an indeterminate or extended sentence.

The Secretary will conduct a compliance review of the covered entity or business associate to determine if there is compliance with the applicable administrative simplification provisions when a preliminary review of the facts indicates a possible violation due to willful neglect.5 The Secretary also retains discretion to conduct a compliance review in any other circumstance.6

In fact, the Court retains discretion to award a different proportion based on the financial circumstances of the payor and payee.

An appellate court retains a discretion, exercisable in the interest of justice, to receive fresh evidence to explain the circumstances that led to the plea and to demonstrate that a miscarriage of justice has occurred.R.

The majority did note that a trial judge retains discretion to exclude evidence in a given case, based on the sorts of potential problems we identified, including an individual DRE's inability to explain how he / she made the determination, evidence of bias, failure to comply with the training, and contradiction of the DRE's opinion by bodily sample evidence or even the evidence of bystanders.

Rule 11 - 6 (4) now provides that notice must be given of responsive expert evidence (although I note that the Court retains discretion to admit expert evidence of which sufficient notice has not been given).

But the court retains a discretion to admit responsive evidence of which notice has not been given: Pedersen v. Degelder (1985), 62 B.C.L.R. 253 (B.C.S.C.); Kroll v. Eli Lilly Canada Inc. (1995), 5 B.C.L.R. (3d) 7 (S.C.); and Kelly v. Kelly (1995), 20 B.C.L.R. (3d) 232 (S.C.).

If the OCR's investigation indicates there might be facts to support the possibility of a violation due to willful neglect, the OCR must conduct a compliance review of the covered entity or business associate to determine if there is compliance with the applicable administrative provisions.6 The OCR also retains discretion to conduct a compliance review in any other circumstance.7

The fact that the Lord Chancellor retained discretion in such circumstances meant that the regime did not inherently result in claimants being unable to bring proceedings.

Insufficiency of the evidence in this regard, coupled with the fact that the Lord Chancellor retained discretion in exceptional circumstances to grant remission for those claimants who did not meet the remission criteria, meant that the arguments around affordability were not successful.

The trial judge should hold counsel and parties to the time limits set, while retaining the discretion to grant modest time extensions where necessary

As explained in Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44 a court retains discretion, exercisable on the basis of fairness, to refuse to estop an issue based on prior administrative proceedings.

An appellate court retains a discretion, exercisable in the interest of justice, to receive fresh evidence to explain the circumstances that led to the plea and to demonstrate that a miscarriage of justice has occurred.

The Court essentially said that when a plaintiff sues multiple defendants, each defendant has a right to call his or her own witness in any relevant discipline, though ultimately the trial court retains discretion under KRE 403 to exclude testimony that would result in undue delay or needless presentation of cumulative evidence.

The central proposal was to allow the media on behalf of the public to attend family proceedings as of right, with the judge retaining the discretion to exclude them.

Consistent with these provisions, the court retains discretion to craft a parenting plan in the child's best interest when parents can not reach parenting plan agreement

The local authority retains discretion over how long it chooses to provide these services, so long as an EHC plan remains in place.

PA is an equitable distribution state meaning that, should spouses go to court, the Court retains discretion over how the marital property gets divided, whether 50/50, 60/40 or some other percentage of division.

Not exact matches

But that's a big deal: business owners need to have the discretion to save and invest retained earnings as they see fit, to meet the burdens of responsibility they bear for their employees and new demands to grow their businesses to meet an emerging future.