The determination will. (a) state the action(s), if any, to be taken or required by the employer;
The determination will Sample Clauses
Related to The determination will
INDEPENDENT PRICE DETERMINATION 6.1 By signing and submitting this bid, the Bidder certifies that the prices in this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder prior to bid opening directly or indirectly to any other Bidder or to any competitor; no attempt has been made, or will be made, by the Bidder to induce any person or firm to submit, or not to submit, a bid for the purpose of restricting competition.
Penalty Determination H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit sold, supplied, offered for sale, or manufactured for sale in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices (17 CCR section 94800 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices because the regulation was adopted under authority of H&SC section 41985, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, et seq. the penalties for strict liability violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of $10,000 per day of violation, with each day being a separate violation. In cases like this involving unintentional first time violations that resulted in unquantifiable excess emissions of ozone, CARB sets penalties based on the retail sales of the non-compliant units. In addition, CARB has sought additional penalties for procedural violations for the failure to display the required consumer notification language via the company’s website and for failure to send copies of the regulation to their retailers and distributors. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales of the uncertified devices and began efforts to certify the devices for legal sale in California. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. Penalties in future cases might be smaller or larger on a per unit basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit that CARB does not retain in the ordinary course of business. The penalty reflects CARB’s assessment of the relative strength of its case against Real Spirit, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits emissions of ozone pollution above a specific level. However, it is not practicable to quantify the amount of excess emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale in California, CARB asserts that all emissions from them are excess and illegal.
Expert Determination If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event:
Final Determination His/her determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon.
