POSITION OF STAFF Sample Clauses

POSITION OF STAFF. Staff reviewed the Agreement in light of the criteria contained in Section 252(e)(2)(A) of the Act. Under this section, the Commission may only reject an agreement, or any portion thereof, adopted by negotiation under subsection (a) if it finds that (i) the agreement, or a portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or (ii) the implementation of such agreement, or a portion thereof, is not consistent with the public interest, convenience, and necessity. Staff concluded that the Agreement does not discriminate against a telecommunications carrier not a party to the Agreement and that the implementation of the Agreement would be consistent with the public interest, convenience and necessity. The Commission concurs with Staff's position. Concerning the implementation of the Agreement, Staff recommends that the Commission require Ameritech, within ten (10) days from the date the Agreement is approved, to modify its tariffs to reference the negotiated Agreement for each service. Staff states that this requirement is consistent with the Commission’s Orders in previous negotiated agreement dockets and allows interested parties access to the Agreement. Staff recommends that such references be contained in the following section of Ameritech's tariffs: Agreements with Telecommunications Carriers (ICC No. 21, Section 19.15). Staff also recommends that the Commission require that Ameritech file a verified statement with the Chief Clerk of the Commission, within ten (10) days from the date the Agreement is approved, that the approved Agreement is the same as the Agreement filed in this docket with the verified petition. Staff recommends that the Chief Clerk place the Agreement on the Commission's website under Interconnection Agreements. The Commission Staff’s recommendations regarding implementation of the Agreement are reasonable and should be adopted.
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POSITION OF STAFF. Staff reviewed the Agreement in light of the criteria contained in Section 252(e)(2)(A) of the Act. Under this section, the Commission may only reject an agreement, or any portion thereof, adopted by negotiation under subsection (a) if it finds that (i) the agreement, or a portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or (ii) the implementation of such agreement, or a portion thereof, is not consistent with the public interest, convenience, and necessity. Staff concluded that the Agreement does not discriminate against a telecommunications carrier not a party to the Agreement and that the implementation of the Agreement would be consistent with the public interest, convenience and necessity. The Commission concurs with Staff's position. Concerning the implementation of the Agreement, Staff recommends that the Commission require AT&T Illinois, within five (5) days from the date the Agreement is approved, to modify its tariffs to reference the adopted Agreement for each service. Staff states that this requirement is consistent with the Commission’s Orders in previous negotiated agreement dockets and allows interested parties access to the Agreement. Staff recommends that such references be contained in the following section of AT&T Illinois’ tariffs: Agreements with Telecommunications Carriers (ICC No. 16, Section 18). Staff also recommends that the Commission require that AT&T Illinois file a copy of the Agreement with the Chief Clerk of the Commission, within five (5) days from the date the Agreement is approved. Staff recommends that AT&T Illinois verify that the Agreement being filed is the same as the Agreement filed in this docket with the verified petition. Staff recommends that the Chief Clerk place the filed Agreement on the Commission's website under Interconnection Agreements. The Commission Staff’s recommendations regarding implementation of the Agreement are reasonable and should be adopted.
Sample 1
POSITION OF STAFF. It is Staff’s position, and the Respondent concurs, that the 10 year term of the prohibition against Xxxxxxx acting as a director or officer of any issuer is only appropriate in the context of the serious circumstances of the facts as set out in Part III on the basis of Xxxxxxx’x age and the unlikelihood of Xxxxxxx returning to the capital markets in the capacity of a director or officer beyond the 10 year term.
Sample 1
POSITION OF STAFF a) Since May 25, 2005, Xxxxx Xxxxx has cooperated with the staff during the investigation and during the negotiation of the current settlement. b) No clients have filed complaints against Xx. Xxxxx, and the staff agrees that no one has suffered financially from dealing with him.
Sample 1

Related to POSITION OF STAFF

  • REDUCTION OF STAFF A. In the event that the Board decides to reduce the number of employees through layoff of employment, or to reduce the number of teachers in a given subject area, field or program, or eliminate or consolidate a position or positions, the Board shall lay off last those teachers with a Michigan Teaching Certificate or appropriate credential having longest service in the District and who are qualified to teach the positions remaining. 1. The phrases "longest service in the District" or "number of years in the system" shall be computed from the last day of hire and shall not be interrupted by leaves of absence approved by the Board or transfer to administrative positions, subject, however, to Paragraph H(4). 2. Qualified teachers are those teachers who meet the minimum requirements under ESEA/NCLB and the Michigan Department of Education. 3. In cases where teachers are equally qualified and have the same number of years in the system, the Board shall have the right to determine who is laid off, provided, however, such action shall not be contrary to the priorities established under the Teachers' Tenure Act or its successor law. 4. The Board shall give twenty-one (21) or more calendar days' notice of such layoff to the Association and to the employees involved. B. A teacher laid off pursuant to this Article shall not be entitled to pay for fringe benefits while on layoff, it being understood that layoff will terminate individual contracts. A teacher that has taught the full school year and is laid off at the end of the year will continue to be covered by health, vision, and dental insurance for the months of June, July and August as per Article 15(E). C. The Board shall have no obligation to recall any nontenure teacher laid off pursuant to this Article or to recall any tenured teacher who has been laid off for three (3) or more years. D. Tenure teachers shall be recalled in the opposite manner as described in Paragraph A for layoff. E. The Board shall give written notice of recall from layoff by sending a registered or certified letter to said teacher at his/her last known address. It shall be the responsibility of the teacher to notify the Board of any change in address. The teacher's address, as it appears in the Board's records, shall be conclusive when used in connection with layoffs, recall, or any other notice to the teacher. If a teacher fails to provide notice of intent to return within five (5) days from the date of receipt of the written recall document, said teacher shall be considered a voluntary quit or resignation. If a teacher fails to report for work within five (5) days of receipt of notification to report to work, unless an extension is granted in writing by the Board, said teacher shall be considered a voluntary quit and shall thereby completely terminate the individual employment contract and any other employment relationship with the Board. F. In the event of a necessary reduction in staff, the Board agrees to grant requests for voluntary leaves of absence provided that the teaching position(s) or the leave applicant(s) can be filled by another bargaining unit member. Such leave of absence shall not exceed one (1) school year. G. The Board shall publish a seniority list and distribute it to all teachers by October 15 of each year. 1. Teachers shall be listed in order, starting with the teacher with the longest service in the bargaining unit. 2. The seniority list shall also list the teacher's longevity credit and certification with majors/minors. H. Seniority shall accrue from the first day of work as a bargaining unit member. 1. A part-time teacher shall accrue seniority on a prorated basis. 2. A teacher in a job-share position, under the terms of Article 18, shall accrue seniority as if employed full time. 3. A teacher on an approved unpaid leave of absence under terms of this Agreement shall not accrue seniority while on leave, except as provided in this Agreement. 4. Administrators shall not accrue seniority while in administrative positions. If a teacher becomes an administrator and later returns to the bargaining unit, he/she shall be reinstated with the seniority he/she had at the time he/she left the bargaining unit. I. Seniority shall be lost upon severance of the employment relationship between the teacher and the District.

  • Evaluation of Students Acknowledging the District’s adopted grading system, the teacher shall maintain the right and responsibility to determine grades and other evaluation of a student. No grade or evaluation shall be changed except by the teacher with the approval of the building administrator.

  • Designation of Start-up Day The Closing Date is hereby designated as the "start-up day" of each of the Upper-Tier REMIC and Lower-Tier REMIC within the meaning of Section 860G(a)(9) of the Code.

  • Confirmation of Status The parties confirm that the Asset Representations Reviewer is not responsible for (a) reviewing the Receivables for compliance with the representations and warranties under the Transaction Documents, except as described in this Agreement, or (b) determining whether noncompliance with the representations or warranties constitutes a breach of the Transaction Documents.

  • Recognition of Stewards The Employer recognizes employees who are designated by the Union as stewards to act on behalf of the employees.

  • Incorporation of Standard Terms Except as otherwise provided herein, all of the provisions of the Standard Terms are hereby incorporated herein by reference in their entirety, and this Series Supplement and the Standard Terms shall form a single agreement between the parties. In the event of any inconsistency between the provisions of this Series Supplement and the provisions of the Standard Terms, the provisions of this Series Supplement will control with respect to the Series 2001-3 Certificates and the transactions described herein.

  • Incorporation of Solicitation The TIPS Solicitation, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, the Vendor’s response to same and all associated documents and forms made part of the solicitation process, including any addenda, that resulted in the execution of this agreement are hereby incorporated by reference into this agreement as if copied verbatim. THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. You certify that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. You certify that your company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/foreign-terrorist.pdf You certify that pursuant to Texas Business and Commerce Code Chapter 272, as revised September 1, 2017, any construction contract or agreement as defined in the Statute with a TIPS, Education Service Center Region 8 or a Texas TIPS Member subject to the Statute shall include a Choice of Law provision providing that this agreement shall be subject to and interpreted by the Laws of the State of Texas without regard to any conflict of laws principles for any action shall be in a court of competent jurisdiction in Texas and any arbitration shall be in the State of Texas. Pursuant to the Texas Business and Commerce Code, as amended by the 85th Texas Legislature, this Construction Agreement for Job Order Contract services is, in the event of a dispute between the parties, subject to interpretation according to the Laws of the state of Texas only, without regard to any conflict of laws principles. Venue for any alternative dispute resolution procedure or process shall be in the state of Texas. If the dispute is litigated, venue and jurisdiction shall be in a court of competent jurisdiction in the state of Texas. Pursuant to 85th Texas Legislative H.B. 3270, as it applies to Texas Education Code § 22.0834 et seq, the Vendor shall comply with all relevant sections related to student contact, background checks, fingerprinting and other related requirements. It is the intent of TIPS to award to reliable, high performance vendors to supply products and services to government and educational agencies. It is the experience of TIPS that the following procedures provide TIPS, the Vendor, and the participating agency the necessary support to facilitate a mutually beneficial relationship. The specific procedures will be negotiated with the successful vendor.

  • Maintenance of Status The Borrower will maintain its separate corporate existence and remain in good standing under the laws of the Xxxxxxxx Islands.

  • Supervision of Students At least one teacher is to remain with the students after the close of any activity, practice session or game until the last student has left the premises. This rule applies whether the group is at the home school or field or is away.

  • Rotation of Shifts Employees required to work rotating shifts (day, evening and night duty) shall be scheduled in such a way as to, as equitably as possible, assign the rotation equally. This does not preclude an Employee from being continuously assigned to an evening or night shift at the Employee’s request where such continuing assignment is acceptable to the Employer.

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