Substantial non-compliance definition
Substantial non-compliance means an eligible youth's:
Substantial non-compliance as used here means acts or omissions which do not meet the requirements of a particular provision of this Settlement Agreement and have a material effect on the ability of a Party to meet the goals and objectives of the relevant provision. In determining whether particular acts or omissions constitute “substantial non-compliance,” the Court must consider, at a minimum, the following factors: the nature of the alleged non-compliance, the extent to which the alleged non-compliance deviates from the particular settlement terms, such as the number of facilities or inmates affected, the length of any delay in implementing a particular provision in the time allotted under the Agreement, the duration of the alleged non-compliance, and the extent to which the alleged non-compliance has a material effect on the rights of deaf and hard of hearing inmates or the goals and objectives of this Settlement Agreement. No finding of any particular intent – such as deliberate indifference, a lack of diligence, or intentional violation of the Settlement Agreement – is required for a determination of “substantial non-compliance;” however, in fashioning an appropriate remedy for any substantial non-compliance, the Court may consider intent, including any diligence or lack thereof in causing or avoiding any “substantial non-compliance” and whether efforts have been made to cure any “substantial non-compliance.” Neither side will take any position that is contrary to the enforcement terms agreed to herein during the court’s supervision of IDOC’s implementation of the terms of this Settlement Agreement.
Substantial non-compliance. Any report of substantial non-compliance will be reported to DPR by the Program within one business day of the Program’s knowledge and confirmation of such non-compliance. Substantial non-compliance will result in the licensee’s termination from the Program. Substantial non-compliance will be immediately reported to DPR by the Program in writing, at which time DPR may refer me to the investigative unit or take other appropriate steps to protect the public. Following notification to DPR, the Program will notify me and my workplace monitor, if applicable, of the decision to terminate. Substantial non-compliance includes, but is not limited to:
Examples of Substantial non-compliance in a sentence
Substantial noncompliance with the obligations of the franchise agreement.
Substantial non-compliance identified from verification testing shall be submitted as a claim for resolution under Section 13.3 through 13.5.
Substantial noncompliance with this Agreement occurs when there are violations of the Agreement that are significant, repeated, and systemic in nature.
Substantial non-compliance identified from field verification shall be submitted as a claim for resolution under Section 12.3 through 12.5.
More Definitions of Substantial non-compliance
Substantial non-compliance means that a licensee is in violation of the terms of his or her monitoring agreement in a way that gives rise to concerns about the licensee’s ability or willingness to participate in the HPSP. Substantial non-compliance and non-compliance include, but are not limited to, the factors listed in ORS [676.190(1)(f)] 676.185(5). Conduct that occurred before a licensee entered into a monitoring agreement does not violate the terms of that monitoring agreement.
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Substantial non-compliance means material or repeated breaches of this Agreement of the nature described in Paragraph 28(c) that materially undermine the Parties’ shared goal of providing and improving access to the Websites to Blind persons, and to the services and information provided on those Websites. Minimal or isolated failures, noncompliance with mere technicalities, or failure to give “full consideration” to Plaintiffs’ input shall not, without more, constitute Substantial Non-Compliance. In no circumstances shall an allegation that services or information alleged not to be accessible on the Websites provide the basis for a claim of Substantial Non-Compliance if Plaintiffs failed to follow the procedures set out in Paragraph 28 of this Agreement. Failures of the entirety of the Websites, or of the whole of specific Website services or functions, rendering such Website, service, or function unusable by all members of the public, shall not be considered Substantial Non-Compliance.
Substantial non-compliance means that a licensee’s failure to meet licensing requirements directly endangers the health, safety, or welfare of an individual or individuals, when the unmet requirements exist in significant number; when the degree of the condition(s) is severe; when one or more requirements have been left unmet with great frequency; and/or when the terms of the license have been violated.
Substantial non-compliance means that a licensee is in violation of the terms of the monitoring agreement or Board Order in a way that gives rise to concerns about the licensee’s ability or willingness to participate in the HPSP or is in violation of the Board Order. Substantial non-compliance and non-compliance include, but are not limited to, the factors listed in ORS 676.190(1)(f). Conduct that occurred before a licensee entered into a monitoring agreement does not violate the terms of that monitoring agreement, notwithstanding a complaint to the Board regarding conduct related to the reason for entering the monitoring agreement or stipulated Order.
Substantial non-compliance means material or repeated breaches of the Stipulation that significantly interfere with the practical ability of a Blind individual to use the NY- Alert Website, and materially undermine the Parties’ shared goal of providing and improving access to the NY-Alert Website to Blind persons, and to the services and information provided on the NY-Alert Website. Minimal or isolated failures, noncompliance with mere technicalities, or failure to give “full consideration” to
Substantial non-compliance means an eligible youth’s: