ultimately resulting in the state's first P3 enabling act
, the HCA.
Illinois' enabling act
, for example, merely refers to a
Since super-tribunals are creations of statute, the burden of proof and the standard of proof will, in each case, be dependent upon the construction of the particular Act that establishes each tribunal, as well as any relevant provisions under the enabling Act
pursuant to which a dispute arises.
courts relied heavily when interpreting their own state enabling acts
The focal and enabling acts
that a writer performs in the process of enacting an exchange whereby he anticipates the reactions of the addressee to what he says have been identified in all the judgments selected for study.
Citing both Ervien and Lassen, the Washington Supreme Court said the Enabling Act
did not allow trust revenue or trust assets to be utilized for non-trust purposes, no matter how meritorious the programs.
In Part II, I argue that these features of the rulemaking process constrain any subsequent interpretation of the Rules: the terms of the delegation make clear that alterations to the Rules should undergo the process specified in the Enabling Act
, rather than taking effect through judicial flat in the course of litigation.
The state zoning enabling acts
provide specific provisions that vest authority with municipalities to include provisions in their zoning ordinances that mandate approval of a site plan prior to approval of a land use request, provided such provisions identify, in part, the procedures and requirements for submission and approval of the site plan.
62) Indeed, one commentator recently has suggested that state agencies should receive Chevron deference when they must implement federal regulatory programs,(63) an idea that seems to comport nicely with the common law metaphor for enabling acts
but also may highlight some of its intrinsic weaknesses, as elaborated in Part II.
Nine of the eighteen western states had disclaimer clauses in their enabling acts
The enabling acts
allow for a special capital reserve fund equal to MADS, but none is envisioned for this issue.
However, it is unwise to generalize across state lines without careful grounding in the frequently slight but important differences in enabling acts
, constitutions, and other crucial trust documents, statutory law, and agency culture.
26) "[T]his Court's rulemaking under the enabling Acts
has been substantive and political in the sense that the rules of procedure have important effects on the substantive rights of litigants.
Repeal of the enabling acts
for the Colorado Land Use Commission.
In fact, the executive had threatened to file a suit at the Supreme Court to determine the status of Section 171 of the 1999 Constitution in relation to the enabling Acts
if the Extra-Ministerial Departments like EFCC.