Conducting the Oral Proceeding Sample Clauses

Conducting the Oral Proceeding. An agency must conduct the oral proceeding in a manner that allows adequate discussion of the substance and form of the proposed rule. A.R.S. § 41-1023(D). Thus, the agency must hold the proceeding at a location that is easily accessible and provides adequate space to accommodate those in attendance. The notice and accommodations must satisfy the Americans With Disabilities Act (ADA). See Chapter 15. See also Chapter 7 for procedures required of agencies subject to the Open Meeting Law. The oral proceeding may be presided over by the members of the agency who must ultimately decide on adoption of the rule, a member of the agency, or another presiding officer designated by the agency. A.R.S. § 41-1023 (E). If the members of the agency who must ultimately decide on adoption of the rule do not preside, the presiding officer must prepare a memorandum summarizing the contents of the presentations made at the proceeding. Id. At the outset of the oral proceeding, the presiding officer should present a statement of the reasons for proposing the rule. This statement should identify the issues that necessitated the rulemaking and the statutory basis for the rule. The presiding officer should also announce any changes that the agency has considered after publication of the notice of proposed rulemaking. An oral proceeding is not an adversarial proceeding, and for that reason, those making statements need not be placed under oath. The purpose of an oral proceeding is to allow for questions by the public about the rule and to allow the submission of argument, data, and views that may guide the agency in its rule-making. A.R.S. § 41-1023(D). Because the public is allowed to seek information about the rule at the proceeding, the agency should have available those individuals who have information about the subject of the rule. To ensure a fair and efficient oral proceeding, the presiding officer must enforce proper conduct. The presiding officer should officially recognize a person before he or she speaks. An agency may take action necessary to maintain order, rule on motions and procedural questions arising during the oral proceeding, call recesses or adjourn the oral proceeding, recognize speakers and allot time for their presentations, question speakers, and grant extensions of the deadline for submitting comments. Each person who speaks at the oral proceeding, when recognized, may make a statement limited to the subject of the oral proceeding. After the statement is c...
Sample 1
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Conducting the Oral Proceeding. An agency must conduct the oral proceeding in a manner that allows adequate discussion of the substance and form of the proposed rule. A.R.S. § 41-1023(D). Thus, the agency must hold the proceeding at a location that is easily accessible and provides adequate space to accommodate those in attendance. The notice and accommodations must satisfy the Americans With Disabilities Act (ADA). See Chapter 15. See also Chapter 7 for procedures required of agencies subject to the Open Meeting Law. The oral proceeding may be presided over by the members of the agency who must ultimately decide on adoption of the rule, a member of the agency, or another presiding officer designated by the agency. A.R.S. § 41-1023 (E). If the members of the agency who must ultimately decide on adoption of the rule do not preside, the presiding officer must prepare a memorandum summarizing the contents of the presentations made at the proceeding. Id. At the outset of the oral proceeding, the presiding officer should present a statement of the reasons for proposing the rule. This statement should identify the issues that necessitated the rulemaking and the statutory basis for the rule. The presiding officer should also announce any changes that the agency has considered after publication of the notice of proposed rulemaking. An oral proceeding is not an adversarial proceeding, and for that reason, those making statements need not be placed under oath. The purpose of an oral proceeding is to allow for questions by the public about the rule and to allow the submission of argument, data, and views that may guide the agency in its rulemaking.
Sample 1

Related to Conducting the Oral Proceeding

  • Judicial Proceedings (a) The Teekay Parties irrevocably (i) agree that any legal suit, action or proceeding against the Teekay Parties arising out of or based upon this Agreement, the transactions contemplated hereby or alleged violations of the securities laws of the United States or any state in the United States may be instituted in any New York court, (ii) waive, to the fullest extent it may effectively do so, any objection which it may now or hereafter have to the laying of venue of any such proceeding in any New York court and (iii) submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Each of the Teekay Parties has appointed Xxxxxx, Xxxxxx & Xxxxxxxx, New York, New York, as its authorized agent (the “Authorized Agent”), upon whom process may be served in any such action arising out of or based on this Agreement, the transactions contemplated hereby or any alleged violation of the securities laws of the United States or any state in the United States which may be instituted in any New York court, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment shall be irrevocable. The Teekay Parties represent and warrant that the Authorized Agent has agreed to act as such agent for service of process and agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Teekay Parties shall be deemed, in every respect, effective service of process upon the Teekay Parties.

  • Program Requirements Provided At No Charge to the Judicial Council A. The Contractor shall provide the following items during the Program at no charge to the Judicial Council:

  • Litigation There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

  • Initiation of Proceedings (1) At the request of either Contracting Party a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunal for decision not earlier than 60 days after such request has been notified to the other Contracting Party.

  • Legal Action If you are dissatisfied with the determination of your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law. Under state law, you may not begin court proceedings prior to the expiration of sixty (60) days after the date you filed your claim. In no event may legal action be taken against us later than three (3) years from the date you were required to file the claim. For members covered by a group (employer sponsored) health plan, your plan may be subject to the Employee Retirement Income Security Act of 1974 (ERISA), as amended. Under federal law, if your plan is subject to ERISA you may have the right to bring legal action under section 502(a) of ERISA after you have exhausted all appeals available under the plan. That means, for both medical and administrative appeals, federal law requires that you pursue a final decision from the plan, prior to filing suit under section 502(a) of ERISA. For a medical appeal, that final decision is the determination of the appeal. You are not required to submit your claim to external review prior to filing a suit under section 502(a) of ERISA. Consult your employer to determine whether this applies to you and what your rights and obligations may be. If you are dissatisfied with the decision on your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law.

  • Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

  • Court Action or Other Legal Processes (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.

  • Assistance in Litigation or Administrative Proceedings Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor’s and agents to, provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party.

  • Notice of Legal Matter or Litigation Grantee will send notice to the Substance Use Disorder (SUD) email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx of any litigation or legal matter related to or affecting this Contract within seven (7) calendar days of becoming aware of the litigation or legal matter.

  • LITIGATION OR ADMINISTRATIVE PROCEEDINGS BA shall notify CE within forty-eight (48) hours of any litigation or administrative proceedings commenced against BA or its agents or subcontractors. In addition, BA shall make itself, and any subcontractors, employees and agents assisting BA in the performance of its obligations under the Contract or Addendum, available to CE, at no cost to CE, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against CE, its supervisors, directors, officers, managers or employees based upon a claimed violation of HIPAA, the HITECH Act, the HIPAA regulations, or other state or federal laws relating to security and privacy, except where the BA or its subcontractors, employees or agents are a named adverse parties.

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