FACIAL CHALLENGES Sample Clauses

FACIAL CHALLENGES. The district court held, and Mr. Friday contends on appeal, that the permit pro- cess for takings of eagles for Native Amer- ican religious purposes is so maladminis- tered as to render it futile. If this is so, the prohibition on eagle takings contained in the Eagle Act is effectively without ex- ception, despite the substantial burden this would place on tribal religious practices. The district court’s judgment on this score may therefore be understood as a holding that the Eagle Act violates RFRA in sub- stantially all of its applications to religious uses. This argument is a form of facial challenge. Mr. Friday also raises a facial challenge to the effect that the govern- ment has not made a sufficient empirical demonstration of need to require a permit process at all. As explained above, be- cause these are facial challenges to the statute, Mr. Friday is entitled to raise them notwithstanding his failure to apply for a permit.
Sample 1
AutoNDA by SimpleDocs

Related to FACIAL CHALLENGES

  • Challenges The Experts may be challenged by either Party if circumstances exist that give rise to justifiable doubts as to any of their impartiality or independence. In such circumstances the challenge shall be brought by written notice to the ICC copied to the other Party within fourteen (14) calendar days of the appointment of the relevant Expert or within fourteen (14) calendar days of the challenging Party becoming aware of the circumstances giving rise to the challenge. Unless the challenged Expert withdraws. or whichever of the Parties that has not brought the challenge agrees to the challenge, within fourteen (14) calendar days of the challenge, the ICC shall decide the challenge and, if appropriate, shall appoint a replacement Expert in accordance with the criteria set out herein.

  • Litigation History There shall be no consistent history of court/arbitral award decisions against the Tenderer, in the last (Specify years). All parties to the contract shall furnish the information in the appropriate form about any litigation or arbitration resulting from contracts completed or ongoing under its execution over the year’s specified. A consistent history of awards against the Tenderer or any member of a JV may result in rejection of the tender.

  • Complaints and Feedback 15.3.1 The primary responsibility for receiving feedback and investigating complaints promptly and thoroughly in respect of the Services will rest with the Provider. The Provider will have procedures in place including but not limited to a complaints framework, which are acceptable to the Department, to gather and act upon feedback and complaints from Learners and/or their representatives and employers and the wider community. The Provider must also keep a log of the complaints received which will be accessible to the Department upon request.

  • Outcome a desirable situation, condition, or circumstance in a member’s life that can be a result of the support provided by effective care management. Outcomes defined include:

  • Grievability Denial of a petition for reinstatement is grievable. The grievance may not be based on information other than that shared with the Employer at the time of the petition for reinstatement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!