Facial Challenge definition

Facial Challenge means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an as-applied challenge is one based on an argument that a requirement should not be applied to the challenger’s particular situation because of factors that, in the challenger’s view, distinguish it from similar situations.
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Facial Challenge means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an as- applied challenge is one based on an argument that a requirement should not be applied to the challenger’s particular situation because of factors that, in the challenger’s view, distinguish it from similar situations.CD. [Unchanged.] 9. Administrative Review and AppealA person may request reconsideration of a BES decision through administrative review as described in this Section. After the requestor has exhausted all BES administrative review, the requestor may file for an appeal of a decision with the Code Hearings Officer (CHO) per Portland City Code Title 22. A person may only appeal a decision that is subject to administrative review by BES.A. Administrative Review Requests. A person to whom a notice was addressed will have 20 business days from the date the notice was issued to submit a written request for administrative review of a decision described in the notice. The requestor must provide all information known to the requestor that supports an assertion made in the written request for administrative review. The requestor must provide such information via graphic, written, or recorded communication, or in person at the administrative review meeting. BES will hold an administrative review meeting within 15 business days of receipt of the written request for administrative review unless BES determines that extenuating circumstances justify a reasonably longer time frame or the requestor asks BES to delay the meetingBES determines in its reasonable discretion that a delay is justified. The requestor may provide detailed information in writing in lieu of attending the administrative review meeting.B. Non-Reviewable Items. A BES decision made under these rules is subject to administrative review except that BES will not grant administrative review of the following:
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Facial Challenge means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an
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Examples of Facial Challenge in a sentence

  • While Rejecting a Facial Challenge to Indiana’s Voter ID Law, Recognized That Laws Like SB14 May Impose A “Heavier Burden” on Certain Subgroups of Voters, Including Some Older Voters.

  • The Ninth Circuit Properly Entertained Respondents’ Facial Challenge.

  • Plaintiffs’ Facial Challenge to Article II, Sections 8 and 10 Fails as a Matter of Law Taking this interpretation as a matter of law of the interplay between the Metro Charter and Tennessee Code Annotated section 4-57-101 et.

  • McConnell Facial Challenge Did Not Decide These As-Applied Issues.

  • First, Olsen’s Facial Challenge Claims are moot, as the Public Assembly Policy is no longer is in effect.

  • Tembec’s Facial Challenge To Article 1126 Cannot Succeed Tembec’s request for a dismissal of the United States’ consolidation request on the basis that Article 1126 is facially defective is without merit.

  • Finally, the defendant urges that the penalty under La. R.S. 14:95(E) (five years’ imprisonment for a first offense) is excessive.Applying Strict Scrutiny to the Defendant's Facial Challenge Strict scrutiny is the most rigorous test for determining whether a law is constitutional.

  • Rejected a Facial Challenge to the Indiana Act Based on a Record that was Far Less-Developed Than the Record in This Case.

  • The District Court Improperly Framed Appellees’ Claims as a Facial Challenge to the Constitutionality of §§ 75-1-201(2)(a) and -201(6)(a)(ii), MCA.

  • Rejected a Facial Challenge to the Indiana Act Based on a Record That was Far Less-Developed thanthe Record in this Case.


More Definitions of Facial Challenge

Facial Challenge means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an as-applied challenge is one based on an argument that a requirement should not be applied to the challenger’s particular situation because of factors that, in the challenger’s view, distinguish it from similar situations. AB. [Unchanged.] BC. [Unchanged.] CD. [Unchanged.] DE. [Unchanged.] EF. [Unchanged.] FG. [Unchanged.] GH. [Unchanged.] HI. [Unchanged.] IJ. [Unchanged.] JK. [Unchanged.] KL. [Unchanged.] LM. [Unchanged.] MN. [Unchanged.] NO. [Unchanged.]
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Facial Challenge means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an as- applied challenge is one based on an argument that a requirement should not be applied to the challenger’s particular situation because of factors that, in the challenger’s view, distinguish it from similar situations. 8. Connection EnforcementAny non-compliant property will be declared a public nuisance by BES and will be subject to the following enforcement actions:A. Notice to Remove Nuisance. BES will post a Notice to Remove Nuisance on a connection- delinquent property. Within five days of the posting, BES will mail a copy of the posted notice to the property owner or legal titleholder.
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Facial Challenge concept does not create a “high hurdle” or change the burdens and standards govern- ing the issuance of a stay pending appeal
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Facial Challenge means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an as- applied challenge is one based on an argument that a requirement should not be applied to the challenger’s particular situation because of factors that, in the challenger’s view, distinguish it from similar situations.EF. [Unchanged.] FG. [Unchanged.] GH. [Unchanged.] HI.[Unchanged.] IJ. [Unchanged.] 11. Administrative Review and AppealsRatepayers will have two opportunities at the City level to challenge decision making related to the ESC program: an internal BES Administrative Review and a formal appeal before the City Code Hearings Officer.A person may request reconsideration of a BES decision through administrative review as described in this Section. Administrative review and appeal of an enforcement action is also governed by BES Enforcement Program Administrative Rules, ENB- 4.15. After the requestor has exhausted all BES administrative review, the requestor may file for an appeal of a decision with the Code Hearings Officer (CHO) per Portland City Code Title 22. A person may only appeal a decision that is subject to administrative review by BES. A. Allowable Review and Appeal Items. Ratepayers may appeal BES regulations and decisions on any of the following matters:
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Facial Challenge means a challenge to a requirement that is based on an argument that the requirement cannot be applied fairly or reasonably in any situation. By contrast, an as- applied challenge is one based on an argument that a requirement should not be applied to the challenger’s particular situation because of factors that, in the challenger’s view, distinguish it from similar situations.BC. “Owner-Occupant” means an owner who uses the property as his or hertheir primary residence. The individual who has the responsibility for assessments and is occupying the property will be considered the owner-occupant regardless of who holds the deed to the property. An owner who lived at the property before moving to a nursing home or similar facility is considered to be residing at the property if the property is not producing income.CD. [Unchanged.]11. Administrative Review and AppealA property owner may request reconsideration of a BES decision through administrative review as described in this Section. After the requestor has exhausted all BES administrative review, the requestor may file for an appeal of a decision with the Code Hearings Officer (CHO) per Portland City Code Title 22. A person may only appeal a decision that is subject to administrative review by BES.A. Administrative Review Requests. A person to whom a notice was addressed will have 20 business days from the date the notice was issued to submit a written request for administrative review of a decision described in the notice. The requestor must provide all information known to the requestor that supports an assertion made in the written request for administrative review. The requestor must provide such information via graphic, written, or recorded communication, or in person at the administrative review meeting. BES will hold an administrative review meeting within 15 business days of receipt of the written request for administrative review unless BES determines in its reasonable discretion that a delay is justified. The requestor may provide detailed information in writing in lieu of attending the administrative review meeting.Allowable Administrative Review and Appeal Items. Property owners may request administrative review and appeal on the following billing or enforcement decisions:
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