Sentences with phrase «statutory language requiring»

Addressing an issue of first impression in Delaware, the appeal focused on the use of Federal Express to serve a Notice of Intent in the face of unambiguous statutory language requiring the use of certified mail.

These risks could be substantially reduced if the competition were funded as a line item in the IES budget, with statutory language requiring that review panels include both practitioners and researchers.

Not exact matches

Not only is the bill language murky on what is actually required, but it's unclear if counties have the statutory ability to shift functions like tax collection, for instance, from town to county control.

Relying on the precise statutory language of Section 201, McDonnell narrowed the definition of official act, holding that bribery requires the public official to agree to exercise government power or take substantive action on a particular matter or dispute.

Recommendation: We recommend revising the proposed regulations to track closely to the statutory language around the academic indicator based on assessment and delete the extraneous words that require the academic achievement indicator to «equally measure grade - level proficiency on the reading / language arts and mathematics assessments.»

Both quotes are strong statements in support of good K - 12 large scale testing practices required by educational measurement standards (i.e., validity, reliability, comparability, fairness) that are also included in CA's statewide assessment authorizing statutory language.

Pointing towards the plain language of the statute, the Arizona Court of Appeals concluded the family court was required to consider the statutory relocation factors only when one of two prerequisites were met:

There's really no statutory authority for the AIG takeover... I won't bother noting that the DC Circuit, were it to sit in judgment on whether the Fed could buy the world's largest insurer, would undoubtedly conclude that the plain language of its governing statute (which is to make emergency loans, not require takeovers in exchange) would not permit the takeover under Chevron USA v. NRDC.

Pre-Oudin there was an accepted «rule book» about required language for employees to contract out of their entitlement to common law notice of termination of employment — and to restrict themselves to statutory minimums under the Employment Standards Act, 2000 — without offending the ESA.

This issue did not require the Tribunal to resolve an ambiguity in the statutory language, but rather to interpret and apply the Code to the specific circumstances of the case.

In Pastore v. Aviva Canada the Court of Appeal ruled that the language of the SABS (Statutory Accident Benefits Schedule) does not require that a claimant be considered markedly impaired in more than one area of life to be designated as catastrophically impaired.

The question is: does the statutory language allow the Privacy Commissioner to require production of documents over which a public body claims solicitor - client privilege?

Important Decision on Catastrophic Impairments May 2, 2013 In Pastore v. Aviva Canada the Court of Appeal ruled that the language of the SABS (Statutory Accident Benefits Schedule) does not require that a c....

The grammatical and ordinary sense of the words used in s. 233 of the Criminal Code supports the conclusion the legislator did not intend to restrict the availability of infanticide to situations where the psychological health of the woman was substantially compromised or where a mental disorder was established; the statutory language also shows there is no requirement for a causal connection between the disturbance of the accused's mind and the act or omission causing the child's death; but there is, however, a required link between the disturbance and not having fully recovered from the effects of giving birth to the child or of the effect of lactation consequent on the child's birth ̶ in either case the disturbance must be «by reason thereof».

Sure, administrative decision - makers should be required to read statutory provisions intelligently and explain their conclusions in terms of statutory language and objectives, but they should not be required to master these -LSB-...] Read more

To allow such a decision to factor into potential charges of abuse or neglect requires a prospective mother to subjugate her personal decision to a governmental agency's statutory interpretation creating a scenario that was neither contemplated nor incorporated within the four corners of the relevant statutory language.

Over time, with the passage of the Family Support Act of 1988 requiring all states to develop and implement formulas to compute the amount of money that should be sent by the «absent» parent (yes indeed, the statutory language assumes one parent is absent), the court - based child support system for divorcing or never married parents turned into a bureaucratic system with draconian powers to garnish wages, take tax refunds, licenses and impose other punishments for people who fail to properly support their children.