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[No title] we conclude that the authority to provide for such centralization may be inferred from the organic statute. Revisions of the language of the earlier statutes, the House and Senate Reports explain, were intended not to have any substantive effect or to impair the precedential value of earlier judicial decisions and other interpretations of the statutes, but to facilitate the restatement of statutes relating to personnel in one comprehensive title. In concluding that the issuance of the proposed Touhy regulations governing official information unrelated to agency records could be a proper exercise of OGE's authority pursuant to its organic statute, we note that the proposed regulations primarily function as an internal rule of operation for OGE, with only minimal effect on outside parties. www.usdoj.gov /olc/touhy7final.htm   (2341 words)

OGE Advisory Opinion -- 86 x 12 -- Letter to the General Counsel of an Agency dated September 8, 1986 The situation of your agency in having an organic statute which incorporates specific restrictions on your officials' financial holdings is not uncommon. In such cases, the organic statutes have been interpreted not to preclude an indirect interest, which is de minimis and incidental to the diversified fund's portfolio, even though the interest would not be permitted to be held directly. Accordingly, in blind trust administration specific prohibitions against certain types of holdings which are imposed on an agency's officials by statute or regulation are used as a filtering mechanism to determine the appropriateness of the original portfolio proposed for a new blind trust. www.usoge.gov /pages/advisory_opinions/advop_files/1986/86x12.html   (1009 words)

[No title]   (Site not responding. Last check: 2007-10-25) The dissimilarities in state statutes generally entail either silence or non- uniformity regarding: (1) authorized transactions; (2) same-form or cross-form transactions; (3) inclusion of for-profit and nonprofit entities; (4) inclusion of incorporated and unincorporated organizations; and (5) single or dual status for converting, domesticating or transferring entities. Where the statute provides for a transaction's being permissible is "authorized by the organic law," such authorization may be in the organic rules of the entity adopted in conformity with the entity's organic law. (3) The public organic document and organic rules of the entities to the entity interest exchange are amended to the extent provided in the plan of entity interest exchange and under the organic law of the entities to the exchange and are binding upon the owners of the entities to the exchange. www.law.upenn.edu /library/ulc/ueta/ann-meet-draft03.txt   (15973 words)

Encyclopedia: Organic statute   (Site not responding. Last check: 2007-10-25) Original Hawaiian statute defining manslaughter was not inconsistent with the Constitution or laws of the United States or provisions of the Organic Act, and was one of the laws continued in force pursuant to § 6 of the Organic Act. The statute was not unconstitutional on the ground that it was against public policy that a percentage of the salaries of legislators, judges and governors, if paid by the State, should be subject to attachment for their debts. The statute is not unconstitutional on the ground that it is against public policy that a percentage of the salaries of legislators, judges and governors, if paid by the Territory, should be subject to attachment for their debts. www.nationmaster.com /encyclopedia/Organic-statute   (660 words)

David Owens   (Site not responding. Last check: 2007-10-25) Statute said avoid the park is "feasible and prudent" alternative exists and, if park land is taken for road, use all possible planning to minimize harm. Second, if there is some delegation to the agency to interpret the statute, the court must give considerable weight to the agency determination and the agency will be upheld if any reasonable choice/permissible construction of the statute is made. Two sections of the organic statute involved: (1) § 243(h) says US must allow person to stay if it is more likely than not that life/liberty would be threatened on return; and (2) § 208(a) says US may allow person to stay if there is a well founded fear of persecution. www.unc.edu /gform-links/courses/pre2000fall/padm223/casenotes4.htm   (1357 words)

[No title] The NCAPA entitles petitioner to an administrative hearing; the organic statute, respondents contend, denies him that right.3 The question thus is whether the legislature intended, in enacting the air pollution control administrative review provisions, to deprive petitioner of the right it expressly conferred upon him in the NCAPA. Applying the foregoing rules of statutory construction, we conclude that because the organic statute did not expressly provide otherwise, the legislature did not intend to deprive petitioner of his right to an administrative hearing. The organic statute states: A permit applicant or permittee who is dissatisfied with the decision of the Commission may commence a contested case by filing a petition under G.S. within 30 days after the Commission notifies the applicant or permittee of its decision. www.ibiblio.org /pub/docs/nc-supreme-court/sep0994/ncehnr   (6274 words)

Just the Facts: Questions and Answers about Restoring the Organic Regulations - Organic Trade Association Whenever there is a new federal regulatory program, especially one as complex as the organic program, it is quite common to have a period of years where the kinks have to be worked out. Organic milk products always have, and will continue to come from organic livestock, which is fed organic feed, has access to the outdoors, and does not receive antibiotics or added growth hormones. OTA supports the National Organic Program, and the standards that were developed in over a decade of open public participation by consumers, farmers, environmental groups, and businesses. www.ota.com /JusttheFacts.html   (1146 words)

Morales Opinion No. DM-049 Id. Nothing in the legislative history of the organic statute indicates that Congress intended the federal government to regulate state office holders' capacity to serve on the board or to otherwise hold federally-created offices, let alone to regulate that field exclusively. Indeed, the legislative history of the organic statute suggests that Congress had a very different purpose in mind in providing that members of the board would not be considered officers or employees of the United States. First, the general objective of the federal organic statute is to improve the quality of the administration of justice in state courts primarily by providing funding to state courts and other entities. www.oag.state.tx.us /opinions/op48morales/dm-049.htm   (2637 words)

Organics In The News   (Site not responding. Last check: 2007-10-25) Whenever there is a new federal regulatory program, especially one as complex as the organic program, it is quite common to have a period of years where the kinks have to be worked out. Organic milk products always have, and will continue to come from organic livestock, which is fed organic feed, has access to the outdoors, and does not receive antibiotics or added growth hormones. OTA supports the National Organic Program, and the standards that were developed in over a decade of open public participation by consumers, farmers, environmental groups, and businesses. www.countrychoicenaturals.com /organic_news.asp   (855 words)

Sneak Attack: US Senate Moving to Weaken Organic Standards If Congress reopens the statute now it is likely that corporate lobbyists for the food giants who have set their sights on a takeover of the organic industry (Dean Foods/Horizon Organic, Smuckers/Knudsen/Santa Cruz Organic, Kraft/Boca Burger, and Wal-Mart) among others will succeed in their long-term goal of degrading organic standards. Organic agriculture is the fastest growing component of our food and farming system. Now is not the time to reopen OFPA, nor to lower organic standards along the lines that some industry groups are advocating. www.organicconsumers.org /organic/weaken091505.cfm   (831 words)

Organic Comments It should be noted that environmentalists and farmworker advocates in the early years supported organic agriculture as effecting good land stewardship and a reduction in hazardous chemical exposures for workers on the farm. Nevertheless, there is an expectation that the inputs associated with organic, whether on the farm or in the processing of organic food, will achieve a higher degree of purity when compared with chemically grown and processed food. To make the long overdue transition to organic agriculture—which is needed to save America’s family farms—the USDA must allocate billions of dollars, not a mere six million dollars as the current proposed organic regulations call for, to ensure a sustainable and equitable future. www.ncamp.org /Organic_comments.htm   (3916 words)

[No title] (4) Certified organic farm The term "certified organic farm" means a farm, or portion of a farm, or site where agricultural products or livestock are produced, that is certified by the certifying agent under this chapter as utilizing a system of organic farming as described by this chapter. A State organic certification program must meet the requirements of this chapter to be approved by the Secretary. Organic plan -STATUTE- (a) In general A producer or handler seeking certification under this chapter shall submit an organic plan to the certifying agent and the State organic certification program (if applicable), and such plan shall be reviewed by the certifying agent who shall determine if such plan meets the requirements of the programs. uscode.house.gov /download/pls/07C94.txt   (4494 words)

[No title] In order to be labeled or sold as organic, an agricultural product must be produced and handled without the use of synthetic substances, such as pesticides, and in accordance with an organic plan agreed to by an accredited certifying agent and the producer and handler of the product. Harvey points to no support, statutory or otherwise, for his contention that the identification of an ingredient as "organic" is somehow less confusing to consumers than identification of a private certifier or use of such a certifier's seal, yet such a distinction is crucial to his argument. Because "the statute is silent or ambiguous with respect to the specific issue," the court must defer to the Secretary's reasonable interpretation of the statute. www.usda.gov /da/oaljdecisions/vol64/Vol64_at_500.htm   (6915 words)

Organic Farming Organic agriculture uses natural occurring substances and methods for controlling pests and fertility management, rather than relying on synthetically compounded chemicals. Transitional products must meet all other criteria for organic certification except that no prohibited substances can be used for 12 months prior to the appearance of flower buds for perennial crops and prior to seeding or transplanting for annual or 2 year crops and throughout the entire growing season. Registration only does not require an organic system plan On-site inspection is not required but the ISDA may conduct a random inspection. www.oneplan.org /Crop/OrganicFarming.shtml   (552 words)

Minnesota Organic Advisory Task Force Meeting Minutes Organic Field School will not be held this summer, but an Organic Field Day will be held. In the case of organic, however, when drift can revoke certification status for 3 years, it's sometimes hard for a conventional farmer to understand the implications, and that monetary loss is substantially higher. Mary reported that MDA drafted amendments to the State Organic Statute adopt Federal law, rearrange some previous language, repeal state standards and rules, and add a few new things like evaluating market trends and potential, and reauthorizing and adding seats to the Task Force, including another food wholesaler/ retailer/ distributor. www.mda.state.mn.us /ESAP/organic/oatf/minutes2003mar17.htm   (2002 words)

PCC Natural Markets Sound Consumer: Goldie Caughlan Not many states have organic statutes, and even in some that do, no certification program was established to implement the statutes. Organic seeds might cost a premium and every economic disadvantage to a small grower is significant. Organic farmers may lose several pest-management materials currently allowed, because some of the inert ingredients may not be approved. www.pccnaturalmarkets.com /sc/0103/goldies.html   (905 words)

Organic Consumers Association - Educating for Health, Justice, and Sustainability   (Site not responding. Last check: 2007-10-25) Protecting and strengthening organic standards and policies regarding organic farming and products. We the undersigned organic consumers call on Congress to: (1) Leave the federal statute, OFPA (Organic Food Production Act) intact on organic standards. is a grassroots nonprofit organization concerned with food safety, organic farming, sustainable agricultural, justice, health, and fair trade. www.democracyinaction.org /dia/organizations/oca/campaign.jsp?campaign_KEY=1242   (424 words)

IN THE SUPREME COURT OF TEXAS Scores of Texas statutes provide, variously, that individuals and entities, public and private, may “sue and (or) be sued”, “(im)plead and (or) be impleaded”, “be impleaded”, “prosecute and defend”, “defend or be defended”, “answer and be answered”, “complain and (or) defend”, or some combination of these phrases, in court. In sum, the effect of a “sue and be sued” clause in an organic statute depends on the context in which it is used. A local governmental entity that is authorized by statute or the constitution to enter into a contract and that enters into a contract subject to this subchapter waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of the contract, subject to the terms and conditions of this subchapter. www.supreme.courts.state.tx.us /Historical/2006/jun/030878.htm   (8934 words)

Sneak Attack: US Senate Moving to Weaken Organic Standards   (Site not responding. Last check: 2007-10-25) Web Note: OCA is lobbying members of Congress in Washington this week not to re-open the federal statute that governs U.S. Organic standards (the Organic Food Production Act—OFPA), but rather to let the "organic community" resolve our differences internally and then proceed to a open public comment period. If Congress reopens the statute now it is likely that corporate lobbyists for the food giants who have set their sights on a takeover of the organic industry (Dean Foods/Horizon Organic, Smuckers, Kraft, and Wal-Mart) among others will succeed in their long-term goal of degrading organic standards. Organic agriculture is the fastest growing component of our food and farming system. www.foodconsumer.org /777/8/Sneak_Attack_US_Senate_Moving_to_Weaken_Organic_Standards.shtml   (695 words)

[No title]   (Site not responding. Last check: 2007-10-25) By defining new legally protected interests, a statute may create an injury for standing purposes where none previously existed. If this were not so, standing doctrine would operate to freeze the set of injuries capable of receiving legal redress at those recognized by the common law. Rather than framing the plaintiff’s injury as not being admitted to a particular medical school or not obtaining a particular municipal contract (a framing that would present virtually impossible causation problems), the Court perceives the injury in such cases to be the disparate opportunity to compete for the desired outcome. Many regulatory statutes are reasonably construed as designed to create incentives (or disincentives) for regulated entities to change their behavior in ways that further the ultimate statutory objectives. www.abanet.org /adminlaw/apa/standing0401.doc   (6561 words)

Lawyers USA: Archives   (Site not responding. Last check: 2007-10-25) Instead, the agency states that 'the statute does not require the agency to protect driver health to the exclusion of other considerations such as the costs and benefits of the proposed regulation.'... The court noted that the statute "requires the agency to consider the impact of the rule on 'the physical condition of the operators,' not simply the impact of driver health on commercial motor vehicle safety. Under the statute, vehicle safety is a distinct factor the agency must consider, so considering the effect of driver health on safety cannot be equal to considering the impact on the physical condition of the operators. www.lawyersweeklyusa.com /subscriber/archives.cfm?page=usa/04/816042.HTM   (1743 words)

[No title] The Attorney General has authority to promulgate rules and regulations governing inmates' compensation for __________ 3 The current text of FPI's organic statute was adopted as part of the enactment of Title 18 of the United States Code. In addition, in 1948 (the time of adoption of FPI's organic statute in approximately its current form), a majority of a corporation's trustees were required to be citizens of the District, see D.C. Code s 29-204 (1940), but it seems unlikely that this rule has bound the President in his selection of FPI's directors. That law has a variety of specific features that are either irrelevant to FPI or contradict provisions in its organic statute; the organic statute contemplates intra-governmental resolution of con- flicts with FPI's primary customers; and the language of s 4121 is nowhere near as specific as in the recognized instances of such incorporation. pacer.cadc.uscourts.gov /common/opinions/199912/98-5472a.txt   (3579 words)

Untitled Document The provisions of the organic statute relating to review are not provided in the exam. It is definitely informal, and probably it is an adjudication because his recommendation does not meet the definition of a "rule." The APA does not set forth many procedures that must be followed with respect to informal adjudications; the organic statute also provides little by way of procedure. Many of you determined that the statute was ambiguous with respect to the meaning of "minimum physical criteria" and its relationship to licensing and thus moved to Step Two. www.lib.uchicago.edu /e/law/courses/exams/adlaw.garrett.1999.winter.memo.html   (2345 words)

EMPIRE POWER COMPANY, and George Clark, Petitioner-Appellant,   (Site not responding. Last check: 2007-10-25) It reasoned that the language of the organic statute, N.C.G.S. § 143-215.108(e), provided only the permit applicant or permittee the right to commence a contested case hearing, notwithstanding the language of the North Carolina[337 N.C. 574] Administrative Procedure Act ("NCAPA"), N.C.G.S. Ch. The organic statute may confer procedural rights and impose procedural duties in addition to those conferred and imposed by the NCAPA, but more importantly, it defines those rights, duties, or privileges, abrogation of which provides the grounds for an administrative hearing pursuant to the NCAPA. A permit applicant or permittee who is dissatisfied with the decision of the Commission may commence a contested case by filing a petition under G.S. 150B-23 within 30 days after the Commission notifies the applicant or permittee of its decision. www.unc.edu /courses/pre2000fall/padm223/EMPIRE.htm   (6725 words)

Background Information on the WHITE HOUSE SECURITY REVIEW May 1995 The statute created the force "for the protection of the Executive Mansion and grounds." The members of the force would have privileges, powers, and dudes "similar to those of the members of the Metropolitan Police of the District of Columbia, and such additional privileges, powers, and duties as the President may prescribe. The statute dramatically enlarged the force, from 250 to 850 officers, to provide EPS with sufficient personnel to fulfill this new foreign missions function, as well as to handle the continuing increase in the number of tourists and visitors at the White House Complex. Finally, the new statute terminated the requirement that EPS officers be recruited from the Metropolitan Police and the Park Police. www.prop1.org /park/pave/rev9.htm   (3543 words)

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