THE APPARENT PROBLEM Sample Clauses

THE APPARENT PROBLEM. There has been a proliferation of online coursework opportunities for college students during the past decade. To better ensure the quality of those online courses, the Midwest Higher Education Compact (MHEC), one of four regional higher education compacts in the United States, is taking part in a national initiative to reduce costs and provide access to interstate distance education programs. Recently, MHEC has begun working with Midwestern states to develop a State Authorization Reciprocity Agreement—known as XXXX. Generally, XXXX is intended to make it easier for students to take online courses offered by postsecondary institutions based in another state. See Background Information below. The XXXX is designed to create uniformity among varying state regulations; reduce the burden on colleges and universities to seek and receive authorizations for on-line courses in all states; ensure quality; and, preserve consumer protections for students. Midwestern higher education institutions wishing to be part of the M-XXXX will need to be authorized by only one state—the one they reside in—and then will automatically be authorized in all other states that adopt the XXXX. This reciprocity agreement is voluntary, both for states that become members, and for the academic institutions that participate. To enable public and private Michigan colleges and universities to participate in M-XXXX, legislation is proposed to create a fee-based central authorization and oversight program in the Michigan Department of Licensing and Regulatory Affairs.
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THE APPARENT PROBLEM. Under the Farmland and Open Space Preservation Act - formerly Public Act 116 of 1974 and recodified as Part 361 of the Natural Resources and Environmental Protection Act - a farm owner may enter into a contract (a development rights agreement) that provides the farm owner with a tax credit and exemptions from several special assessments that generally do not benefit the farmland, in exchange for a promise to retain the land for agricultural use or as undeveloped open space land. The purpose of the agreement is to ensure that the land remains in an agricultural use for at least 10 years and that the land is not developed for a non- agricultural use. According to committee testimony, there are approximately 50,000 of these agreements, lasting an average of 25 years, and covering 4.3 million acres of farmland in the state. The act states that a development rights agreement or easement does not supercede any prior lien, lease, or interest in the property that is subject to the agreement or easement, and any lien recorded under Part 361 is subordinate to a lien of a mortgage that is recorded before a lien under the act is recorded - meaning that a development rights agreement or easement has priority over any subsequently recorded lien, lease, or interest. Reportedly, several landowners enrolled in the PA 116 program have experienced problems when they attempted to refinance a portion of their property, due to the existence of the developments rights agreement on their property. As such, legislation has been introduced to help alleviate the problem.
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THE APPARENT PROBLEM. Public Act 386 of 1996 regulates viatical settlement contracts. Such a contract is written between the owner or holder of a life insurance policy who has a terminal illness or condition (known as a “viator”) and a person or entity who “buys” the policy at a cost below the amount of the death benefit (known in the act as a “provider”). Under the contract the policyholder gets a proportion of the money while alive that would have been paid out when he or she died, and the purchaser pays the policyholder a discounted amount and then receives the full benefit when the insured dies. The viatical settlement industry reportedly began with AIDS patients but has grown to include policyholders with other life- threatening and terminal diseases. The early access to life insurance proceeds can help to pay for medical care and end-of-life living expenses. Public Act 386 imposes a number of requirements on providers, mostly requiring certain notifications to policyholders and insurance companies, and providing for a “cooling-off” period during which the contract can rescinded for any reason. The act also specifies what documentation must accompany a contract and allows the insurance commissioner to step in when there are abuses. A new concern has arisen recently: that some people might offer money to others on the condition that they commit suicide. Some people believe that state law should make a strong policy statement against this.
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THE APPARENT PROBLEM. Public Act 390 of 1978 regulates the payment of wages and fringe benefits for Michigan workers. In particular, the law provides for the settlement of disputes between employees and any employers who fail to pay them the wages and fringe benefits they are owed. When an employee is not paid the wages or fringe benefits owed him or her, the employee can file a complaint with the Department of Consumer and Industry Services (CIS), Bureau of Safety and Regulation, Wage and Hour Division. That division administers the law, and working together with the Office of the Attorney General, enforces its provisions. In brief, when a complaint is filed by an unpaid employee, representatives of the department try to resolve the dispute informally. If no resolution can be reached, then CIS issues a written determination. If the employee or the employer is dissatisfied with the determination, either may request a review before an administrative law judge, who can affirm, modify, or rescind the determination. If an employer does not pay the amount ordered, CIS can refer the order to the Office of the Attorney General, who can then file a civil suit on behalf of CIS in circuit court and obtain a judgement. If the judgment is not paid, the employer’s bank account or local assets can be seized. In 1996 the law was amended so CIS (then called the Department of Labor) could pursue wage claims with employers from out of state who fail to pay their past employees in Michigan the wages and benefits that they have earned in Michigan. Now CIS is able to pursue the claims because the department has negotiated reciprocity agreements with other states that allow them to collect back wages. The reciprocal agreements also allow CIS to accept claims from other states in order to pursue collection of claims for employees that worked for Michigan-based employers who have failed to pay their out-of-state employees the wages they have earned. In addition, reciprocal agreements also allow the department to pursue companies that relocate to other states in an effort to avoid paying wages earned by employees. Currently there are 16 reciprocity agreements that have been negotiated with other states, and 10 more are anticipated. See BACKGROUND INFORMATION below. According to committee testimony, the Wage and Hour Division of CIS has referred at least 20 claims to other states since February 1997. The most recent case was a referral to Wisconsin for a $4,207.47 wage claim in April 2001. Other states ...
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Related to THE APPARENT PROBLEM

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that Xxxxx has materially breached this IA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Independent Representation Each party hereto acknowledges and agrees that it has received or has had the opportunity to receive independent legal counsel of its own choice and that it has been sufficiently apprised of its rights and responsibilities with regard to the substance of this Agreement.

  • Personally Owned Professional Material The employer shall reimburse an employee to a maximum of $150 for loss, damage or personal insurance deductible to personally owned professional material brought to the employee’s workplace to assist in the execution of the employee’s duties, provided that: a. The loss or damage is not the result of negligence on the part of the employee claiming compensation; b. The claim for loss or damage exceeds ten (10) dollars; c. If applicable, a copy of the claim approval from their insurance carrier shall be provided to the employer; d. The appropriate Principal or Vice-Principal reports that the loss was sustained while on assignment for the employer.

  • Company Representation Each Notice of Borrowing or Notice of Issuance given by the Company shall constitute a representation by the Company as to the satisfaction in respect of such borrowing or issuance of the conditions referred to in Section 3.02(a).

  • Union and Employer Representation No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. To implement this the Union shall supply the Employer with the names of its officers and similarly, the Employer shall supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business.

  • Union Negotiating Committee Leave of absence shall be granted to not more than seven (7) employee representatives selected to negotiate the renewal of the Collective Agreement for necessary time off including travel time, direct negotiating time, and necessary preparation time. The Union shall reimburse the College for all pay during such leave except for the days scheduled by the parties for direct negotiations and up to a maximum of ten (10) days if required, for meetings of the Union Negotiating Committee to prepare for and to complete bargaining.

  • Estimates and Reconciliation of Estimates Where estimated expenditures are used to determine the amount of the drawdown, the State will indicate in the terms of the State unique funding technique how the estimated amount is determined and when and how the State will reconcile the difference between the estimate and the State's actual expenditures.

  • Independent Decision The Investor is not relying on the Issuer or on any legal or other opinion in the materials reviewed by the Investor with respect to the financial or tax considerations of the Investor relating to its investment in the Shares. The Investor has relied solely on the representations and warranties, covenants and agreements of the Issuer in this Agreement (including the exhibits and schedules hereto) and on its examination and independent investigation in making its decision to acquire the Shares.

  • Company Representative Whenever under the provisions of this Agreement the approval of Company is required or Company is required to take some action at the request of Issuer, such approval shall be made or such action shall be taken by Company Representative and Issuer or Trustee shall be authorized to act on any such approval or action and Company shall have no redress against Issuer or Trustee as a result of any such action taken.

  • Independent Consideration Contemporaneously with the execution and delivery of this Agreement, Buyer has paid to Seller as further consideration for this Agreement, in cash, the sum of One Hundred Dollars ($100.00) (the “Independent Consideration”), in addition to the Deposit and the Purchase Price and independent of any other consideration provided hereunder, which Independent Consideration is fully earned by Seller and is non-refundable under any circumstances.

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