Enforcement Activities. The Performing Party shall:
a. Conduct Controlled Buy/Stings and Follow-ups of tobacco permitted retail outlets and sales and use tax permitted e-cigarette retail outlets using youth as decoys, to determine compliance with applicable laws in accordance with Texas Health and Safety Code §161.082 – Sale of cigarettes, e-cigarettes, or tobacco products to persons younger than 21 years of age prohibited: Proof of age required. Refer to Exhibit B Schedule – Performance Measures, for the number of controlled buy/stings to be conducted.
b. Conduct controlled buy/stings and follow-ups in target areas to include high retail density, low socio economic, high risk areas, and local perspective of previous sales to youth and/or complaints received.
c. Record the results of the controlled buy/stings conducted using the Cigarette, E- cigarette, and Tobacco Controlled Buy/Sting Report form (TEP-102 (Rev 9/2023)) provided by the Texas School Safety Center at Texas State University.
d. Use non-smoking male and female youth ages 16 –20 (born on or after September 1, 2001) in accordance with Texas Health and Safety Code, Chapter 161.088 – Enforcement; Announced Inspections.
e. Use the State Comptroller of Public Accounts most recent Tobacco Permitted Retail Outlet List and Sale and Use Tax Outlet List of e-cigarette retail outlets for the controlled buy/stings to obtain retail outlet name, address, and tobacco permit numbers.
f. Conduct follow-up controlled buy/stings of retail outlets found to be in violation of the sale of cigarettes, e-cigarettes, or tobacco products to youth. Reasons for follow-up may include: 1) repeated violations, 2) knowledge of historical perspective of previous sales to youth, and /or 3) complaints received where a follow-up is needed. Follow-up controlled buy/stings shall be conducted within two to ten (2-10) days of original controlled buy/sting.
Enforcement Activities. The Local Agency will consult the DEP enforcement manual and its appendices including DARM’s Guidance for Characterizing Air Violations (GCAV), and follow any other DARM guidance documents or reference materials in determining appropriate resolution actions for violations. The Local Agency should inform DARM immediately of potential High Priority Violations and follow EPA’s Policy for timely and appropriate enforcement response to High Priority Violations. The Local Agency will maintain all penalty calculations for each enforcement action in the appropriate enforcement file (including documentation that economic benefit was considered), and the Local Agency will provide information regarding those calculations to DEP upon request. The Local Agency shall add all enforcement records and supporting documents to DEP’s electronic file storage system in accordance with this SOA.
Enforcement Activities. CKI will consult with the Licensee in connection with the enforcement activities undertaken pursuant to this § 7.5. In connection with this § 7.5.4 through § 7.5.6, and § 7.5.2, Licensee and CKI from time to time will use reasonable efforts to apply a substantive portion of the budgeted amounts and expenditures towards more substantive, significant and/or material actions (and acts of infringement, counterfeiting, etc.) in order to enhance the effectiveness of application of resources. In addition, upon the request of the Licensee, the parties will consult one time each Annual Period to forecast CKI’s continuing and reimbursable expenses hereunder and enter into suitable arrangements as may be agreed upon with Licensee, including retainer arrangements, so that CKI may receive the Licensee’s payments in respect thereof at or shortly before such expenses are incurred.
Enforcement Activities. Nothing in this Agreement shall be construed as preventing Governments from reasonably co-operating with each other, and, subject always to Privacy Laws, cooperating through mutual disclosure and the sharing of information, with respect to any matter relating to this Agreement, the Acts, or the Plan.
Enforcement Activities. (i) CMS, in its sole discretion and if permitted by applicable law, will notify the DOI of any enforcement action CMS takes against a Regulated Entity or Person domiciled or having a resident license in the State if the enforcement action: (1) pertains to a violation of any CMS Rule or Regulation; or (2) might have a material impact on the financial condition or operations of the Regulated Entity or Person the DOI supervises. Specific communications may include: letters regarding the imposition of civil monetary penalties and/or intermediate sanctions (e.g., freezing marketing and enrollment activity), and CMS’s intent to terminate or non-renew a Medicare Managed Care plan or Medicare Prescription Drug Benefit plan.
(ii) The DOI, in its sole discretion and if permitted by applicable law, will notify CMS of any enforcement action the DOI takes, or knows has been taken by another DOI, against a Regulated Entity or Person subject to regulation by CMS, or a subsidiary of such an entity, domiciled or having a resident license in the State if the enforcement action: (1) pertains to a violation of any state statute or regulation; or (2) might have a material impact on the financial condition or operations of the Regulated Entity or Person CMS supervises. Specific communications may include: any consumer complaints (including the name of the consumer/individual, name of the health plan or insurance agent, and copies of any correspondence and documents with consumers and insurance companies or agents); copies of adjudicated enforcement actions (e.g., cease and desist orders, orders of forfeiture, stipulated agreements, imposition of fines or other public disciplinary action); and copies of adopted examination reports of health plans.
Enforcement Activities. 1. If one of the bodies or authorities designated in accordance with Article 14 has reason to suspect that:
(a) there is or has been a failure to comply with this Agreement or with provisions laid down in the laws and regulations of a Party in respect of a spirit drink or an aromatised drink being or having been traded between the Parties , and
(b) this failure to comply is of particular interest to the other Party and could result in the adoption of administrative measures or initiation of legal proceedings being taken, it shall immediately inform the competent bodies and the liaison authority of the other Party.
2. The information to be provided in accordance with paragraph 1 shall be accompanied by official, commercial or other appropriate documents, as well as an indication of the administrative measures or legal proceedings to be taken or initiated, if necessary. The information shall include, in particular, the following details of the spirit drinks or the aromatised drinks concerned:
(a) the producer and the natural or legal person who has power to dispose of the spirit drinks or the aromatised drinks;
(b) the composition and organoleptic characteristics of the spirit drinks or the aromatised drinks;
(c) the description and presentation of the spirit drinks or the aromatised drinks; and
(d) details of the non-compliance with the rules concerning production and marketing.
Enforcement Activities. 1. If one of the bodies or authorities designated in accordance with Article 27 has reason to suspect that:
(a) there is or has been a failure to comply with this Agreement or with provisions laid down in the laws and regulations of a Party in respect of a wine which is being or which has been traded between the Parties, and
(b) this failure to comply is of particular interest to the other Party and could result in the adoption of administrative measures or initiation of legal proceedings being taken, it shall immediately inform the competent bodies and the liaison authority of the other Party.
2. The information to be provided in accordance with paragraph 1 shall be accompanied by official, commercial or other appropriate documents, as well as an indication of the administrative measures or legal proceedings to be taken or initiated, if necessary. The information shall include, in particular, the following details of the wine concerned:
(a) the producer and the legal or natural person who has power to dispose of the wine;
(b) the composition and organoleptic characteristics of the wine;
(c) the description and presentation of the wine; and
(d) details of the non-compliance with the rules concerning production and marketing.
Enforcement Activities. IPM may coordinate on Censtor's behalf the initiation and prosecution of any action, suit or proceeding (including any declaratory judgment action) (collectively, an "Action") with respect to infringement by any third party of Censtor Technology, subject to Censtor's written approval, which approval will not be unreasonably withheld, and Censtor will cooperate fully with IPM in connection with any such Action (collectively, "Enforcement Activities"). To the extent that Censtor has sufficient funds available, such Enforcement Activities shall be undertaken at Censtor's expense. In the event that Censtor does not or ceases to have sufficient funds available, IPM may, at its discretion, elect to assume financial responsibility for the costs and expenses associated with the continuation of such Enforcement Activities (including without limitation all related legal fees and costs, whether paid on a contingency basis or otherwise), provided that in consideration thereof, IPM's commission with respect to such continued Enforcement Activities shall be as set forth in Section 5.1(b).
Enforcement Activities. Number of HPV's that have not had a 50 WD formal enforcement action to resolve all HPV violations within 135 days of the inspection. (Attach list with Mid-year Report). : Number of formal administrative enforcement actions issued, year-to- date, including State orders the equivalent of RCRA § 3013, 7003, and 3008(a). : Number of civil and criminal cases filed against Subtitle C handlers. : Number of warning letters issued. 2 WD : Number of Civil / Judicial Orders 154 WD : Number of Corrective Action Orders 55 WD issued (State equivalent of RCRA § 3008(h) in authorized States). : Number of Show Cause / Informal 2 WD meetings. : Number of Criminal Investigations 50 WD supported. : Number of Compliance / Administrative 3 WD : Number of Civil / Judicial Orders 10 WD appealed. ACTIVITY PRICING NUMBER TOTAL 1ST 2ND 3RD 4TH 1ST 2ND 3RD 4TH FOOTNOTE (WORKDAYS) ACTIONS : Number of full record reviews at A facilities which have not yet received a full record review. (Do not include record reviews being performed in conjunction with Part B review).
Enforcement Activities. To the extent reasonably practicable, CKI will consult with the Licensee in connection with the enforcement activities undertaken pursuant to this §7.5. In addition, upon the request of the Licensee, the parties will consult one time each Annual Period to forecast CKI’s continuing and reimbursable expenses hereunder and to enter into suitable arrangements as may be agreed upon with Licensee, including retainer arrangements, so that CKI may receive the Licensee’s payments in respect thereof at or shortly before such expenses are incurred.
