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Topic: By administrative means


  
  Colorado Dept of Personnel and Administration (DPA) - Division of Administrative Hearings (DOAH)
Administrative law judges will be assigned to cases by the Director of the Office or by the designee of the Director.
On the motion of a party or the administrative law judge made subsequent to the setting conference, the administrative law judge for good cause shown may change the place of hearing, when the convenience of witnesses and parties and the ends of justice will be promoted by the change.
Unless otherwise ordered by the administrative law judge, in cases in which no prehearing conference is held, each party shall file with the administrative law judge and serve on each other party a prehearing statement in substantial compliance with the form as outlined in Appendix A to these rules.
www.colorado.gov /dpa/oac/gen_rules.htm   (4109 words)

  
 ODMRDD Administrative Rule 5123:2-3-01   (Site not responding. Last check: 2007-10-26)
(A) "Adaptive behavior" means the effectiveness or degree with which the individual meets the standards of personal independence and social responsibility expected of his or her chronological age and cultural group.
(J) "Department" means the Ohio department of mental retardation and developmental disabilities as established by section 121.02 of the Revised Code.
(L) "Director" means the administrative head of the department as established by section 121.03 of the Revised Code or the director's designee.
odmrdd.state.oh.us /Rules/RulesTab/file_2-3-01.htm   (908 words)

  
 By administrative means - Wikipedia, the free encyclopedia
By administrative means (В административном порядке, "V administrativnom poryadke") was an expression in use in the Soviet Union applied to the cases when some actions that normally required a collegial decision were left to the decision of certain officials, i.e., by administration, rather than by deliberation or by criminal punishment.
A deliberating body could decide to leave some cases to be settled "by administrative means".
A notable instance of the latter case was application of certain punishments "by administrative means", i.e., without deliberations in court.
en.wikipedia.org /wiki/By_administrative_means   (184 words)

  
 THE GENERAL ADMINISTRATIVE CODE OF GEORGIA
An administrative decree shall be declared null and void in accordance with the procedures for the adoption of an administrative decree.
An administrative decree shall be declared invalid in accordance with the procedures for the adoption of an administrative decree.
The administrative agency shall indicate in the administrative act issued in regard to the complaint the agency in which a complaint against the act may be filed, including its address and the term for filing the complaint.
www.ifes.ge /files/laws/code_general.html   (16417 words)

  
 ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSE
If the person is convicted under section 291-4 prior to completion of administrative proceedings, the person shall surrender the temporary permit issued under this part at the time of entry of a plea of guilty or no contest, entry of a verdict of guilty, or of sentencing, whichever occurs first.
The administrative review decision issued by the director under this section shall clearly explain the consequences of failure to request an administrative hearing and the procedure by which the arrestee may regain the right to a hearing.
If the decision sustains the administrative revocation, the director shall mail to the arrestee a written decision indicating the duration of the administrative revocation and any other conditions or restrictions as may be imposed pursuant to section 286-261.
www.mauimapp.com /government/hrs286-251.htm   (4402 words)

  
 Administrative Law Judges Retirement Act of 2003
`(29) `administrative law judge' means an administrative law judge appointed under section 3105 or a similar prior provision of law.'.
An administrative law judge who is separated from the service voluntarily after completing 10 years of service as an administrative law judge but before becoming 55 years of age is entitled to a reduced annuity.
`(35) `administrative law judge' means an administrative law judge appointed under section 3105 or a similar prior provision of law.'.
www.theorator.com /bills108/hr2316.html   (1174 words)

  
 Administrative Rules: TITLE 160: Chapter 55 - Mortgage Brokers
For purposes of this section, "applicant" means an individual; an owner of a sole proprietorship; the stockholders or three largest stockholders and the officers, directors and trustees of a corporation; the partners, principals, officers and directors of a partnership or limited liability company.
The Administrator or the Deputy Administrator shall routinely attend meetings of the Committee, and shall provide such records, as may be requested, to the Committee for the performance of its duties.
The Administrator shall issue an order granting or denying the rehearing, reopening or reconsideration within thirty (30) days from receipt of the application unless the period is extended by written agreement between the party and the Administrator.
www.okdocc.state.ok.us /TITLE160/chapter55.php   (5450 words)

  
 Records Management- Nevada Administrative Code
"Evidential value" means the value found in a record produced or received by a state agency which is necessary to provide an authentic and adequate documentation of the state agency's organization and functioning.
The term does not mean the ownership of the record.
"Schedule" means a schedule for the retention and disposition of records developed by a state agency and approved by the committee pursuant to NRS 239.080.
dmla.clan.lib.nv.us /docs/nsla/records/nac-1.htm   (1778 words)

  
 CHAPTER 6: EXPEDITED JUDICIAL AND ADMINISTRATIVE PROCESSES
Administrative processes are statutory systems granting authority to an administrative agency to determine paternity and to establish, modify, and enforce child support orders.
All child support administrative processes require the executive agency to notify the responsible parent of the support amount and arrears, alleged to be due and owing, and the procedure for contesting the claim.
Administrative processes allow the obligor to present all evidence in his or her favor, with the aid of an attorney, if desired.
www.acf.dhhs.gov /programs/cse/pubs/2002/reports/essentials/c6.html   (4002 words)

  
 PART SEVEN: ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS
Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and Parties to become acquainted with them.
Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include:
www.natlaw.com /treaties/nafta/naftaeng/ch18.htm   (573 words)

  
 Title5.gif
(10) “Good cause” means an incapacitating illness; death; lack of proper notice; unavailability due to unavoidable, unpreventable, or extenuating emergency or circumstance; a required act that causes an imminent and irreparable injury; or acts of nature adverse to performing required acts.
(15) “Notice of satisfaction” means a document or form approved by the administrative code enforcement hearing officer or designee, which indicates that all outstanding civil penalties and costs have been either paid in full or that an agreed amount has been negotiated or that a subsequent administrative or judicial decision has resolved the outstanding debt.
(21) “Public nuisance” means any condition caused, maintained, or permitted to exist that constitutes a threat to the public's health, safety, and welfare; or that significantly obstructs, injures, or interferes with the reasonable or free use of property in a neighborhood or community or by any considerable number of persons.
www.co.tooele.ut.us /t5c1s8.html   (705 words)

  
 Revised Administrative Rules
“Case management report” means the written report filed by each party upon completion of the case management conference required by R 205.1145.
 (f)            “Clerk” means the chief clerk or a deputy clerk of the tribunal.
 (q)            “Taxable value appeal” means any proceeding relating only to the determination of a property's taxable value through application of the lesser of 1.05 or the inflation rate as provided in section 27a of the general property tax act.
www.cis.state.mi.us /tax_tribunal/rev_adm_rules.htm   (10140 words)

  
 ODMRDD Administrative Rule 5123:2-4-01   (Site not responding. Last check: 2007-10-26)
(10) "Draft interim summary" means the report sent by the department to the superintendent of the county board and the board president that identifies the areas of noncompliance as identified by the accreditation team during the pre-survey and on-site review.
(d) If the plan of correction developed by the administrative receiver or contractor is disapproved, the department shall inform the administrative receiver or contractor and the board of the reasons for the disapproval and may grant the board and administrative receiver or contractor an opportunity to submit a revised plan of correction.
(4) The administrative receiver or contractor shall report to the department any findings pertaining to issues or circumstances beyond the control of the board and resulting in the likelihood that compliance with the requirements for accreditation cannot be achieved unless the issues or circumstances are remedied.
odmrdd.state.oh.us /Rules/RulesTab/file_2-4-01.htm   (3564 words)

  
 DEQ - Well Construction Code Administrative Rules
(3) "Annular space" means the space between 2 cylindrical objects, 1 of which surrounds the other, such as the space between a borehole wall and a permanent casing or between a temporary casing and a permanent casing.
(6) "Grouting" means the placement of grout into the annular space that surrounds a permanent casing for the purpose of sealing the annular space to prevent the entrance or migration of surface water, near surface water, and contaminants to the groundwater and to maintain the natural protection of aquifers.
(3) "Suction line" means a pipe or line that is connected to the inlet side of a pump or any pipe or line connected to a casing or pump which is or may be at less than atmospheric pressure (0 psig).
www.michigan.gov /deq/0,1607,7-135-3313_3675_3694-9194--,00.html   (8623 words)

  
 eRes Supp Rules
All complaints and administrative proceedings submitted to eResolution shall be introduced and conducted in conformity with the Regulation.
Every administrative proceeding shall be initiated by a Complaint submitted to the Clerk's office, in accordance with the Regulation.
Sub-section 4 - Conclusion of the administrative proceeding
www.to-agree.com /odrresources/pg5.cfm   (3179 words)

  
 Office of Administrative Hearings, Bismarck, North Dakota
Similarly, the term “judicial” or “judiciary” means, for the purpose of this code, belonging to or referring to the office of an administrative law judge.
“Member of the judge’s family” or “family member” means a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship or who may reasonably appear to others to be a member of the judge’s family.
The use of the term “require” in this context means an administrative law judge is to exercise reasonable discretion and control over the conduct of those persons subject to the administrative law judge’s direction and control.
www.nd.gov /oah/ethics3.htm   (579 words)

  
 1-101   (Site not responding. Last check: 2007-10-26)
(H) "Court Executives" means the chief administrative officer of the local courts and the clerks of the appellate courts.
(M) "Judicial Officer" means an officer of the court who is a judge or justice and has the authority to decide causes or issues between parties and render decisions in a judicial capacity.
(Q) "Presiding Officer" means the chief justice of the Supreme Court as the presiding officer of the council.
www.utcourts.gov /resources/rules/ucja/ch01/1-101.htm   (565 words)

  
 Arizona Administrative Code
"Outpatient surgical center" means a type of health care institution with facilities and limited hospital services for the diagnosis or treatment of patients by surgery whose recovery, in the concurring opinions of the surgeon and the anesthesiologist, does not require inpatient care in a hospital.
"Substantial compliance" means that the nature or number of violations revealed by any type of inspection or investigation of a licensed health care institution does not pose a direct risk to the life, health or safety of patients or residents.
The administrative completeness review time-frame and the overall time-frame are suspended from the date of the notice until the date the Department receives the missing document or information from the applicant.
www.azsos.gov /public_services/Title_09/9-10.htm   (8554 words)

  
 US CODE--TITLE 26--APPENDIX
A motion for reasonable litigation or administrative costs ordinarily will be disposed of without a hearing unless it is clear from the motion, the Commissioner's written response, and the moving party's reply that there is a bona fide factual dispute that cannot be resolved without an evidentiary hearing.
Where there are several counsel of record, all of whom are members of or associated with the same firm, an affidavit filed by first counsel of record or that counsel's designee (see Rule 21(b)(2)) shall satisfy the requirements of this paragraph, and an affidavit by each counsel of record shall not be required.
For provisions prohibiting the inclusion of a claim for reasonable litigation and administrative costs in the petition, see Rules 34(b) (petition in a deficiency or liability action), 211(b) (petition in a declaratory judgment action), and 241(c) (petition in a partnership action).
www.access.gpo.gov /uscode/title26a/26a_23_.html   (1885 words)

  
 Administrative means remain a viable option for IP protection: IP owners should not ignore the administrative tools ...   (Site not responding. Last check: 2007-10-26)
Administrative means remain a viable option for IP protection: IP owners should not ignore the administrative tools available besides selecting legal prosecution against infringers in protecting their IP rights in China.
The Trademark Law of the PRC was formally enforced from 1983, and has been revised twice to meet the requirements of the continued and fast growth of the China's economy, especially the requirements of WTO, of which China became a member since the end of last year.
The local AIC shall examine the above documents and evidence, and can conduct a raid against the infringer immediately if they consider the infringement is tenable, order the infringer to stop their infringement and seize the infringing goods and tools specially used for the manufacture of the infringing goods or representations.
www.accessmylibrary.com.cob-web.org:8888 /coms2/summary_0286-2746831_ITM   (510 words)

  
 US CODE--TITLE 26--APPENDIX
(4) Clear and concise lettered statements of the facts on which the petitioner relies to establish that, in the administrative proceeding, the petitioner substantially prevailed with respect to either the amount in controversy or the most significant issue or set of issues presented in the administrative proceeding.
An action for administrative costs shall be deemed at issue upon the filing of the answer.
Proceedings in an action for administrative costs shall be governed by the provisions of the following Small Tax Case Rules (see Rule 170) with respect to the matters to which they apply: Rule 174 (representation); Rule 176 (preliminary hearings); Rule 177 (trial); Rule 178 (transcript of proceedings); and Rule 179 (number of copies of papers).
www.access.gpo.gov /uscode/title26a/26a_26_.html   (1099 words)

  
 U.S. Department of Labor -- WHD: FairPay Fact Sheets by Exemption - Administrative Employees
“Primary duty” means the principal, main, major or most important duty that the employee performs.  Determination of an employee’s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole.
Academic administrative functions include operations directly in the field of education, and do not include jobs relating to areas outside the educational field.
Having a primary duty of performing administrative functions directly related to academic instruction or training in an educational establishment includes, by its very nature, exercising discretion and independent judgment with respect to matters of significance.
www.dol.gov /esa/regs/compliance/whd/fairpay/fs17c_administrative.htm   (524 words)

  
 wipo.dnrev1.html, Rules for Administrative Procedure Concerning Abusive Domain Name Registrations
Policy means the policy on dispute resolution for abusive domain name registrations that is incorporated by reference and made a part of the Registration Agreement.
As an exceptional matter, the Administrative Panel may, in its sole discretion, determine that a hearing shall be held with the participation of the Parties.
Subject to any agreement of the Parties and taking into consideration all of the circumstances and the outcome of the proceedings, the Administrative Panel’s decision shall indicate which of the Parties shall bear the costs of the proceedings, which shall be limited to the administrative fee and any additional fees, and in what proportions.
www.dnso.org /constituency/registrars/Website/wipo.dnrev1.html   (2241 words)

  
 Alaska Public Offices Commission
(2) "agency" means a state department, division, commission, board, office, bureau, institution, corporation, authority, organization, committee, council or board in the executive branch, or independent of the executive branch, of state government;
(8) "influencing legislative or administrative action" means to communicate directly for the purpose of introducing, promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative or administrative action;
(14) "public official" or "public officer" means a public official as defined in AS 39.50.200(a), a member of the legislature, or a legislative director as defined in AS 24.60.990(a); however, it does not include a judicial officer or an elected or appointed municipal officer.
www.state.ak.us /apoc/2445171.htm   (912 words)

  
 Administrative Rules Community Colleges   (Site not responding. Last check: 2007-10-26)
(c) Other personnel means employees other than those in (l)(a) and (b) herein, and employees of other boards and agencies who have been assigned by their employers to serve the board of trustees.
Full-time administrative personnel may be given multi-year contracts not to exceed three (3) years, but other contracts, except for the president, shall not exceed twelve (12) months.
As an alternative to the hearing rights provided by college polices and procedures, the employee may elect to request an administrative hearing in accordance with the guidelines of Chapter 120, Florida Statutes, by filing a petition with the board within twenty one (21) days of receipt of the recommendation of the president.
www.firn.edu /doe/rules/6A-14.htm   (7751 words)

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