Sentences with phrase «section establishes the requirement»

Not exact matches

The criteria listed here were established in consultation with participating industries to give guidance on the interpretation of section 8 of the Admin Act and the requirements for seeking access to NRS funds:

Additional Accountability Requirements: Statute 16 -2-9 (a)(25)(2005), Statute 16-21-28 (2005) and Statute 16 -7.1-2 (h)(2005) require the school committee of each district to establish a district - wide coordinated school health and wellness subcommittee, chaired by a member of the full school committee, to implement policies and plans to meet Section 204 rRequirements: Statute 16 -2-9 (a)(25)(2005), Statute 16-21-28 (2005) and Statute 16 -7.1-2 (h)(2005) require the school committee of each district to establish a district - wide coordinated school health and wellness subcommittee, chaired by a member of the full school committee, to implement policies and plans to meet Section 204 requirementsrequirements.

In modifying or omitting such a requirement on the basis of infeasibility, the Administrator, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall ensure, with an adequate margin of safety, the integrity of international offset credits issued under this section and of the greenhouse gas emissions cap established pursuant to section 703.

-- Except as provided in subsection (d) with respect to issuance of a term offset credit, for each type of practice listed under section 503, the Secretary shall establish requirements to account for and address reversals, including --

-- The Secretary may not guarantee any eligible mortgage under this section unless the mortgagor has demonstrated, in accordance with such requirements as the Secretary shall establish, the amount of savings attributable to incorporation of the sustainable building elements to be financed with the green portion of the mortgage, as measured by the National Green Building Standard for all residential construction developed by the National Association of Home Builders and the U.S. Green Building Council, and approved by the American National Standards Institute, as updated and in effect at the time of such demonstration.

-- The Secretary shall establish underwriting requirements for loans made under the pilot program under this section, which shall --

-- In promulgating regulations under section 502, the Secretary shall establish methodologies for domestic agricultural and forestry practices listed under section 503, if the Secretary determines that methodologies can be established for such practices that meet each of the requirements of this section.

Under the ESSA, prior to issuing proposed rules under title I on standards, assessments under section 1111 (b)(2), and the requirement under section 1118 that funds be used to supplement, and not supplant, State and local funds, the Department must establish a negotiated rulemaking process.

The requirements of this section may not add to the total hours required for continuing education or inservice training as currently established by the department.

Chapter 11, Subchapters A, C, D School District Governance, Powers and Duties), and E, (Superintendents and Principals), except that a district may be exempt from the TEC, Section 11.1511 (b)(5)(requirement for board of trustees to adopt policy establishing district - and - campus - level planning and decision - making process required under TEC Section 11.251) and (14)(requirement for board of trustees to make decisions regarding termination and nonrenewal of contract employees) and Section 11.162 (School Uniforms);

In addition to the staffing requirements established pursuant to subsection a. of this section, a public school having an enrollment of 500 or more students on October 15 of the prior school year shall employ, at a minimum, one full - time staff member to serve as a library clerk, and shall employ one additional full - time staff member to serve as a library clerk for each additional 500 students enrolled in the school.

Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government.

-- Any State desiring to establish a State program under this section shall submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services and the procedures and remedies available for enforcing any requirements imposed by the State program.

The Federal Water Pollution Control Act, as amended by the Oil Pollution Act of 1990, directs the President, at section 311 (j)(1)(C)(33 U.S.C. 1321 (j)(1)(C)-RRB- and section 311 (j)(5)(33 U.S.C. 1321 (j)(5)-RRB-, respectively, to issue regulations «establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil and hazardous substances from vessels and from onshore facilities and offshore facilities, and to contain such discharges.»

The Secretary shall ensure that the Federal Motor Carrier Safety Administration web site includes a link to the web site established by the Secretary to implement the requirements under sections 31149 and 31315.

The Secretary shall establish minimum requirements, consistent with sections 22701 and 22702, for the preparation and periodic revision of a State rail plan, including --

An eligible applicant seeking a grant under this section for an eligible project shall submit an application to the Secretary in such form and in accordance with such requirements as the Secretary shall establish.

review all relevant surface transportation planning requirements to determine whether such regional, State, and local surface transportation planning efforts funded with Federal funds are consistent with the policy, objectives, and goals established by this section; and

Real - Time System Management Information Program (23 - CFR Part 511)(July 19, 2011) Final rule establishing the minimum parameters and requirements for States to make available and share traffic and travel conditions information via real - time information programs as required by Section 1201 of SAFETEA — LU.

The Commissioner of Education may, upon application by a board of education, waive the staffing requirements established pursuant to subsection a. of this section for up to one school year if the application demonstrates that the school was unable to find a certified school library media specialist and that an offer of employment was made to a certified school library media specialist.

As used in this paragraph, a «Covered Borrower» means any person who, at the time such person becomes obligated on a loan transaction or establishes an account for consumer credit, satisfies the requirements under any one or more of the following classifications, or is otherwise under applicable laws deemed to be a «Covered Borrower» under the Military Lending Act, 10 U.S. Code Section 987: (a) An active duty member of the Army, Navy, Marine Corps, Air Force or Coast Guard, or a person serving on active Guard and Reserve duty (a person described in this clause (a) of the definition of «Covered Borrower» is hereinafter referred to as a «Service Member»); or (b) Any of the following persons, relative to a Service Member: (1) The spouse; (2) A child under the age of 21; or (3) If dependent on the Service Member for more than one half of such person's support, any one or more of the following persons: (i) A child under the age of 23 enrolled in a full time course of study at an institution of higher learning; (ii) A child of any age incapable of self support due to a mental or physical incapacity that occurred before attaining age 23 while such person was dependent on the Service Member; (iii) Any unmarried person placed in legal custody of the Service Member who resides with such Service Member unless separated by military service or to receive institutional care or under other circumstances covered by Regulation; or (iv) A parent or parent - in - law residing in the Service Member's household.

(a) A depository may not pay money in a surety account to the credit services organization that established the account or a representative of the organization unless the organization or representative presents a statement issued by the secretary of state indicating that the requirement of Section 393.406 has been satisfied in relation to the account.

Prohibited acts.A credit services organization, a salesperson, agent, or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization shall not: (1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond or established and maintained a surety account as provided in section 45 - 805; (2) Charge a buyer or receive from a buyer money or other valuable consideration for obtaining or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the buyer before the extension of credit is obtained; (3) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public; (4) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit; (5) Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization; (6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or (7) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided by the Credit Services Organization Act.

The Department of Justice shall not issue a certificate of registration until the bond required by Section 1789.18 has been filed with the office of the Secretary of State and the department establishes that the organization seeking a certificate satisfies the requirements of subdivision (f).

The department, in its discretion, may issue a conditional registration to a licensee who fails to meet the continuing education requirements established in subdivision two of this section but who agrees to make up any deficiencies and take any additional education which the department may require.

The law states: «Each animal control officer shall, within 24 months of the effective date of this act if serving as an animal control officer before the effective date of this act or within 12 months from the officer's date of hire if such date of hire is on or after the effective date of this act, complete a training course offered under section 151C of chapter 140 of the General Laws; provided, however, that such training requirement shall be subject to the availability of funds in the Homeless Animal Prevention and Care Fund, established in section 35TT of chapter 10 of the General Laws, as determined by the commissioner of the department of agricultural resources.

Key Issues for Discussion and Comment in the ANPR: Descriptions of key provisions and programs in the CAA, and advantages and disadvantages of regulating GHGs under those provisions; How a decision to regulate GHG emissions under one section of the CAA could or would lead to regulation of GHG emissions under other sections of the Act, including sections establishing permitting requirements for major stationary sources of air pollutants; Issues relevant for Congress to consider for possible future climate legislation and the potential for overlap between future legislation and regulation under the existing CAA; and, scientific information relevant to, and the issues raised by, an endangerment analysis.

If the Administrator determines, based on consideration of environmental effectiveness, cost effectiveness, administrative feasibility, extent of coverage of emissions, competitiveness and other relevant considerations consistent with the purposes of this title, that emissions of non-HFC fluorinated gases can best be regulated by designating downstream emission sources as covered entities with compliance obligations under section 722, the Administrator shall, after notice and comment rulemaking, change the definition of covered entity and the compliance obligations under section 722 with respect to non-HFC fluorinated gases accordingly, consistent with the purposes of this title, and establish such other requirements as are necessary to ensure compliance for such entities with the requirements of this title.

-- The Secretary of Transportation shall establish appropriate requirements, including performance measures, to ensure that transportation plans developed under sections 134 and 135 of title 23 of the United States Code sufficiently meet the requirements of this section, including achieving progress towards national transportation - related greenhouse gas emissions reduction goals.

-- The Secretary may not guarantee any eligible mortgage under this section unless the mortgagor has demonstrated, in accordance with such requirements as the Secretary shall establish, the amount of savings attributable to incorporation of the sustainable building elements to be financed with the green portion of the mortgage, as measured by the National Green Building Standard for all residential construction developed by the National Association of Home Builders and the U.S. Green Building Council, and approved by the American National Standards Institute, as updated and in effect at the time of such demonstration.

«(3) Regulations issued under section 202 (a)(1) applicable to emissions of greenhouse gases from new heavy - duty motor vehicles or new heavy - duty motor vehicle engines, excluding such motor vehicles covered by the Tier II standards (as established by the Administrator as of the date of the enactment of this section), shall supersede and satisfy any and all of the rulemaking and compliance requirements of section 32902 (k) of title 49, United States Code.

-- In establishing the requirements under this section, the Administrator shall apply conservative assumptions or methods to maximize the certainty that the environmental integrity of the cap established under section 703 is not compromised.

-- Not later than 2 years after the date of enactment of this title, the Administrator, in consultation with the Administrator of USAID and any other appropriate agencies, shall promulgate regulations establishing a program to use emission allowances set aside for this purpose under section 781 to reduce greenhouse gas emissions from deforestation in developing countries in accordance with the requirements of this part.

Because courts require that the government establish an evidential basis for its impugned action, a government will not simply be able to assert that its action achieves health care objectives and meets the other section 1 requirements without furnishing evidence.

The Bill also amends the definition of law firm to include any «joint arrangement or legal entity that provides legal services» and adds a new section that authorizes the regulation of law firms as entities and permits the benchers to make rules that ``... permit and regulate different types of arrangements to provide legal services, including arrangements between lawyers and between lawyers and non-lawyers, and that establish conditions and requirements for the arrangements.»

Under Title 49, Section 387 of the United States Code of Federal Regulations, the minimum requirements for insurance for trucks that have a gross weight of 10,000 pounds or more have been established.

Establishment of policies (section 80.46) clarifies that in addition to the requirement under section 3 of the Integrated Regulation Establishment of accessibility policies, the customer service standard requires that every provider must establish policies governing its provision of goods, services or facilities, as the case may be, to persons with disabilities and thus requiring a separate customer service policy or policies from the other required policies under the other standards.

(2) An administrative penalty imposed under section 441.4 shall not exceed $ 25,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act.

To meet the first requirement of the RJR - MacDonald test, that there is a serious question to be considered, the Applicants established an argument sufficient (in the Court of Appeal's estimation) to meet the Supreme Court of Canada's requirements to grant leave under Section 40 of the Supreme Court Act, RSC 1985, c S - 26.

The Financial Conduct Authority (FCA) may make rules (under section 404 and sections 404A to 404G of the Financial Services and Markets Act 2000 (FSMA) requiring certain firms to establish and operate a consumer redress scheme in relation to a widespread or regular failure by such firms to comply with requirements applicable to the carrying on by them of any activity.

(ii) a developer, as defined in the Real Estate Act, is exempt under that Act, other than as referred to in paragraph (c) of this section, from the requirement to submit for filing a prospectus and the requirement to submit for filing a disclosure statement with respect to the strata plan establishing that strata corporation,

The commenters identified particular factors that could lead to confusion, including that (1) the phrase «criminal, civil, or administrative proceeding» appeared in the definitions of both law enforcement Start Printed Page 82673and oversight; (2) the examples of oversight agencies listed in the preamble included a number of organizations that also conduct law enforcement activities; (3) the NPRM addressed the issue of disclosures to investigate health care fraud in the law enforcement section (§ 164.510 (f)(5)-RRB-, yet health care fraud investigations are central to the mission of some health care oversight agencies; (4) the NPRM established more stringent rules for disclosure of protected health information pursuant to an administrative subpoena issued for law enforcement than for disclosure pursuant to an oversight agency's administrative subpoena; and (5) the preamble, but not the NPRM regulation text, indicated that agencies conducting both oversight and law enforcement activities would be subject to the oversight requirements when conducting oversight activities.

The final regulation imposes a variety of requirements which collectively will necessitate entities to develop policies and procedures (henceforth in this section to be referred to as policies) to establish and maintain compliance with the regulation.

The federal confidentiality of substance abuse patient records statute, section 543 of the Public Health Service Act, 42 U.S.C. 290dd - 2, and its implementing regulation, 42 CFR part 2, establish confidentiality requirements for patient records that are maintained in connection with the performance of any federally - assisted specialized alcohol or drug abuse program.

Sections 155.240 and 155.400 explicitly authorize Exchanges to establish certain requirements related to premium payment for enrollment in QHPs through the Exchange.

The department shall adopt rules establishing and maintaining policies and procedures to implement the requirements of this section.

To have their native title rights and interests to fish recognised, Indigenous people must satisfy the requirements of Section 223, including those established in Yorta Yorta.

The district court found that the plaintiffs were unable to establish the «market power» requirement for a Section 1 violation.

Section 9 - 508 establishes the requirement of a written agreement for a real estate broker seeking to collect a commission from the transfer of an interest in real property.

Section 9 - 503 establishes the requirement of a writing containing a legal description of the property for the transfer of an interest in real property.