FINDINGS OF FACT. The Recitals set forth above are true and correct and are incorporated herein by reference as Findings of Fact.
FINDINGS OF FACT. The Arizona State Board of Respiratory Care Examiners is the duly constituted 18 agency for licensing and regulating of the practice of respiratory care in the State of Arizona and
FINDINGS OF FACT. (a) The County Council of the County (the “County Council”), the governing body of the County, has previously enacted Ordinance No. 2594 of 1994, as amended by Ordinance No. 2842 of 1996, as amended by Ordinance No. 4276 of 2009, as amended by Ordinance No. of 2012 (collectively, the “County Ordinance”) and the City Council of the City (the “City Council”), the governing body of the City, has previously enacted Ordinance Number 94-27 of 1994, as amended by Ordinance No. 96-63 of 1996, as amended by Ordinance No. 2009-33 of 2009, as amended by Ordinance No. 2012- of 2012 (collectively, the “City Ordinance”), each of which provides for the establishment, collection and distribution of an accommodations fee of 2.3% of gross receipts (collectively, the “Accommodations Fee”) of businesses engaged in providing accommodations for transients within the boundaries of the County (exclusive of incorporated municipalities) and within the boundaries of the City, respectively, and other matters related thereto.
(b) Pursuant to the City Ordinance and the County Ordinance, the City Council and the County Council have respectively provided that the Accommodations Fees shall be used (i) first to pay debt service on obligations issued from time to time by the District pursuant to a bond resolution (the “Bond Resolution”), as such Bond Resolution may be supplemented, amended or restated (or replaced by a new bond resolution in connection with the issuance of obligations) and (ii) secondly as further provided in this Agreement.
(c) The County Council and the City Council have determined that it is necessary and advantageous that the County and the City agree with the District and the Escrow Agent that the Accommodations Fees shall be made available to pay a portion of the cost of financing and refinancing the District’s sports and entertainment arena (the “Arena”) on behalf of the District without the need for annual appropriations.
(d) The District, the County, the City and an escrow agent have previously entered into an Intergovernmental Agreement (the “2009 Intergovernmental Agreement”) dated as of July 1, 2009 concerning the payment of the Accommodations Fees to the escrow agent for the purpose of making installment payments on the District’s $14,985,000 Greenville Arena District Public Facilities Corporation, Refunding Certificate of Participation, Series 2009B (the “Series 2009B Certificate”). The parties to the 2009 Intergovernmental Agreement now desire to terminate th...
FINDINGS OF FACT. The Commission has considered the application, the supporting documentation, and Staff's recommendation. Based upon that review, the Commission finds that the Agreement meets the requirements of the Act in that it does not discriminate against a nonparty carrier and implementation of the Agreement is not inconsistent with the public interest, convenience and necessity. The Commission finds that approval of the Agreement shall be conditioned upon the parties submitting any amendments to the Commission for approval pursuant to the procedure set out below.
FINDINGS OF FACT. 14 1. Respondent is the holder of License No. LMSW-16554 for the practice of social 15 work in the state of Arizona.
16 2. On 10/28/22, Respondent was arrested for driving under the influence.
17 3. Respondent’s blood alcohol content was measured at .055 %.
18 4. Respondent acknowledges consuming alcoholic beverages.
FINDINGS OF FACT. 14 1. Respondent is the holder of License No. LPC-15140 for the practice of 15 counseling in Arizona.
16 2. From 03/21 – 09/22, Respondent provided behavioral health services to Client 17 who was a minor at the time of services.
18 3. Client’s goals for treatment included reducing negative beliefs about self, 19 understanding trauma, and reducing anxiety and depression from Complainant’s verbal 20 emotional abuse.
21 4. In 05/22, Complainant who is Client’s father, revoked his consent for Respondent 22 to treat Client and Respondent documented his revoked consent in the 05/11/22 progress note.
23 5. Respondent subsequently continued treating Client for roughly 4 months after 24 Complainant revoked his consent for Respondent to treat Client. 25 …
1 6. Throughout the course of treatment, Respondent and Mother exchanged 2 numerous text messages which included the following in part:
3 a. Mother invited Respondent to Client’s softball games.
4 b. They had discussions about Complainant and the damage he has caused.
5 c. Respondent offered to write a letter stating Client is being emotionally 6 harmed at Complainant’s home.
7 d. Respondent sent Mother a letter, asked Mother to read it before she sent to 8 Caseworker, and made adjustments that Mother requested.
9 e. Respondent told Mother that Complainant’s views support a narcissistic 10 person.
11 7. Respondent in fact went to some of Client’s softballs game upon Mother’s invite.
12 8. Respondent extended her boundaries of competence by writing a letter to 13 Caseworker providing her opinion that Client could reduce anxiety and depression without the 14 poor living conditions and Complainant’s verbal abuse without ever witnessing the living 15 conditions in Complainant’s home.
16 9. Upon receipt of this Board complaint, Respondent showed Mother and Mother 17 subsequently wrote a letter of support for Respondent and Respondent provided this letter from 18 Mother in support of the Board complaint.
19 10. Respondent engaged in conduct outside of the therapeutic relationship with 20 Mother throughout the texting and meeting up in a social setting outside of the therapy setting.
FINDINGS OF FACT. 18. The WFF is located on Route 175, in Wallops Island, Accomack County, Virginia. The WFF consists of three land parcels: the Main Base Parcel, the Mainland Parcel, and Wallops Island. At this time, there are no Select Sites on the Mainland Parcel.
19. NASA has operated the WFF Main Base Parcel since 1959 and has owned it since 1961.
20. Wallops Island was uninhabited until 1883 when the United States Government purchased land for a Life Saving Station on the north end of Wallops Island operated by the United States Life-Saving Service. The Life-Saving Service merged with the Cutter Revenue Service and Steam Boat Inspection Service to form the U.S. Coast Guard in 1915. The original station was destroyed in 1933 and re-built in 1936 at its present location on Wallops Island.
21. In 1889, the remainder of Wallops Island was purchased by the Wallops Island Gun Club, a hunting club comprised of families from Delaware, Pennsylvania, and West Virginia. The Club was incorporated and assumed ownership in 1933 as the Wallops Island Association, Inc.
22. The United States Navy (“Navy”) began purchasing private farmland near the Main Base Parcel in August 1942. The U.S. Department of the Army, Bureau of Public Works, began construction for an outlying airfield for Norfolk Naval Air Station in the fall 1942 and commissioned the Chincoteague Naval Auxiliary Air Station (“CNAAS”) in March 1943. The Navy used CNAAS primarily as a training facility for naval aviation units from 1943 to 1945; however, it was also used for anti-submarine operations.
23. In January 1946, the Naval Aviation Ordnance Test Station (“NAOTS”) was established at CNAAS. The NAOTS provided training for personnel and a test range to test, modify, and develop guided missiles, aircraft weapons, munitions, ordnance, and aviation fire control equipment. CNAAS became a Naval Air Station in 1950.
24. The National Advisory Committee for Aeronautics (“NACA”), the predecessor to NASA, leased land on Wallops Island from 1945 to 1947. NACA purchased Wallops Island from the Wallops Island Gun Club in 1947. The Navy leased land on north Wallops Island from NACA from 1947 to 1959 for munitions and ordnance testing, operations, and training.
25. The Navy ceased training and flight operations and declared the CNAAS excess in June 1959. The NAOTS was officially disestablished on June 30, 1959. All real property at the Main Base Parcel (CNAAS and NAOTS) was initially occupied by NASA in June 1959 and transferred to N...
FINDINGS OF FACT. 14 1. Respondent is the holder of License No. LPC-18591 for the practice of 15 counseling in the State of Arizona.
16 2. From 04/23 – 08/23, Client received behavioral health services at Private 17 Practice.
18 3. On 04/26/23, Respondent completed an intake with Client which included the 19 following in part:
20 a. There was past abuse that has been reported and Client witnessed domestic 21 violence from both parents throughout her lifetime.
22 b. Client was admitted in “March” for placing a bag over her head.
23 4. Nowhere within this intake was there indicated that Respondent would file a 24 report with DCS or that Respondent obtained physical evidence that this prior abuse was 25 reported to DCS.
1 5. There does not appear to be any sort of follow up from Respondent to clarify this 2 prior abuse that was reported during the intake.
3 6. During a 04/28/23 session, Client reported to Therapist that she was molested 4 when she was 10 years old, and specifically reported her father’s friends and sons would have 5 sex with her.
6 7. Within the 04/28/23 progress note, there is no indication that Therapist filed a 7 DCS report or planned to file a DCS report.
8 8. A 05/06/23 progress note completed by Therapist also indicated that Client 9 reported that before her father was arrested, he would hit Client when he was mad and there is 10 again no documentation of a DCS report being filed or plan to file a DCS report.
11 9. Despite Respondent being provided information about past abuse during the 12 intake, Respondent failed to ensure an appropriate report was made being that Respondent is a 13 mandated reporter.
14 10. Respondent understands to an extent her requirements as a mandated reporter 15 because following an 08/25/23 session where Client disclosed possible abuse from 16 Complainant, Respondent in fact filed a DCS report.
17 11. Respondent represents that Case Manager informed Respondent at the onset of 18 services that the prior abuse had already been reported to DCS, yet Respondent failed to take 19 any steps to ensure that a DCS report had already been made and simply took Case Manager’s 20 word.
21 12. During a 04/26/23 intake completed by Respondent, it was documented that 22 Client was admitted in “March” for placing a bag over her head.
23 13. Even though Respondent was in possession of 03/19/23 and 04/10/23 suicide 24 risk assessments from Agency, Respondent failed to develop any sort of safety plan or suicide 25 … 1 risk assessment, or document ...
FINDINGS OF FACT. The arbitrator will be required to make specific, written findings of fact and conclusions of law, and the parties will have the right to appeal or seek vacation or modification of an award only (1) if that award is based in whole, or in part, upon fraud or a failure to follow the procedures set forth in this Section 17 or (2) to the extent otherwise allowed by applicable law. Subject to the foregoing, the determination of the arbitrator shall be binding on all parties and shall not be subject to further review or appeal. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator will be enforceable in any court of competent jurisdiction. To the extent permitted by applicable law, the arbitrator will have the power to award recovery of all costs and fees (including attorneys' fees, administrative fees, and arbitrators' fees) to the prevailing party.
FINDINGS OF FACT. 6.1 For purposes of this Agreement, the following constitutes a summary of the findings upon which this Agreement is based. Nothing contained in this Agreement shall constitute an admission of any liability by Navy for any matters contained herein, nor shall anything in this Agreement constitute an admission by Navy with respect to any finding of fact or any legal determination noted herein.
6.2 The U.S. Navy began conducting operations at Vieques, in conjunction with Naval Station Roosevelt Roads, in the early years of World War II as a base for Allied fleets. Land was acquired in the eastern and western sectors of Vieques between 1941 and 1943, with further acquisitions occurring during the late 1940s.
6.3 Construction of Mosquito Pier and the building of facilities and magazines for an ammunition storage depot were generally completed by 1943. The Naval Ammunition Facility on western Vieques operated until 1948, when ammunition was removed and the facility closed. The facility was reactivated in 1962 in response to the Cuban missile crisis. Navy conducted ammunition storage and other related support operations on this property on the western portion of Vieques Island (about 8,100 acres) for the nearby military training activities until 2001.
6.4 In 1947, the need to conduct amphibious training exercises and maneuvers resulted in Navy’s acquisition of additional land in the eastern portion of Vieques. Navy eventually managed on behalf of the United States about 14,600 acres on the Eastern portion of Vieques. This resulted in Navy acquiring and controlling two large areas of Vieques referred to herein as the Western portion of Vieques, as described above, and the Eastern portion of Vieques, which contained the eastern maneuver area, Camp Xxxxxx, and the live surface impact area.
6.5 Throughout the 1950s, Vieques was utilized primarily for Fleet Marine Force, Atlantic, maneuvers and training. In 1960, Navy established naval gunfire support and air-to-ground targets on the Eastern portion of Vieques and began holding training exercises. This type of training frequently involved the use of various types of live ordnance. Navy operated a waste explosive ordnance detonation range on the Eastern portion of Vieques for many years in support of military training activities. Military training on the Eastern portion of Vieques continued into 2003.
6.6 In April 2001, Navy transferred the Western portion of Vieques pursuant to the Xxxxx X. Xxxxxx National Defense Aut...
