FINDINGS OF FACT AND CONCLUSIONS OF LAW Clause Samples

FINDINGS OF FACT AND CONCLUSIONS OF LAW. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, DVM, License Number 7897, by entering into and signing this Consent Agreement, having had the opportunity to seek advice of counsel, agrees to the provisions of this Consent Agreement, acknowledging that the SBVME has sufficient evidence to find, as fact, and to conclude as a matter of law that ▇▇. ▇▇▇▇▇▇ violated COMAR 15.14.01.07 (Professional Judgment and Practice) and COMAR 15.14.01.10A (Record Keeping) as set forth herein:

FINDINGS OF FACT AND CONCLUSIONS OF LAW. This Final Order shall constitute findings of fact and conclusions of law pursuant to Rule 7052 of the Bankruptcy Rules and shall take effect and be fully enforceable immediately upon execution hereof.

FINDINGS OF FACT AND CONCLUSIONS OF LAW. IT IS DETERMINED, FOUND, ADJUDGED, DECREED, AND ORDERED THAT:

FINDINGS OF FACT AND CONCLUSIONS OF LAW. The above-referenced findings of fact and conclusions of law are hereby incorporated by reference as though fully set forth herein and constitute findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052, made applicable herein by Bankruptcy Rule 9014. To the extent that any finding of fact is determined to be a conclusion of law, it is deemed so, and vice versa.

FINDINGS OF FACT AND CONCLUSIONS OF LAW. Respondent (Zoono USA) is and has been at all times relevant to the matters asserted below, a limited liability company, and therefore, a “person” as that term is defined in Section 2(s) of FIFRA, 7 U.S.C. § 136(s).

FINDINGS OF FACT AND CONCLUSIONS OF LAW. ▇▇. ▇▇▇▇▇▇▇, by signing this Consent Agreement having had the opportunity to seek the advice of legal counsel, while generally and specifically denying liability in this case, agrees to this Consent Agreement, acknowledging that the Board has sufficient evidence to find, as fact, and conclude as a matter of law that he violated the Maryland Veterinary Practice Act and related regulations, namely COMAR 15.14.01.07 (Professional Judgment and Practice) as follows:

FINDINGS OF FACT AND CONCLUSIONS OF LAW. 6. For the purposes of this FFCA, the following constitutes a summary of the findings upon which this FFCA is based. The facts related herein shall not be considered admissions by any Party. This section contains findings of fact determined solely by the Parties and shall not be used by any person related or unrelated to this FFCA for purposes other than determining the basis of this FFCA.

FINDINGS OF FACT AND CONCLUSIONS OF LAW. 1. The above Recitals/Whereas clauses are hereby adopted and incorporated into this DA. 2. The Property is not in an area designated as an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes. 3. The South Old Kings Road MPD and the DA are consistent with the State's Comprehensive Plan as set forth at Chapter 187, Florida Statutes. 4. The South Old Kings Road MPD is consistent with the City's Comprehensive Plan, and will be consistent with the City’s Land Development Code. 5. The Developer's authorized representative is ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ whose principal place of business is ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇. ▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇, ▇▇▇▇▇; and whose telephone number is (▇▇▇) ▇▇▇-▇▇▇▇. 6. This DA constitutes final approval for the mixed–use Project as more particularly detailed in Part II of the General Conditions, subject to the terms and conditions of this DA; provided, however, that any and all approvals not specifically made or provided for herein are subject to development review.

FINDINGS OF FACT AND CONCLUSIONS OF LAW. 13. In accordance with 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) and (3) of the Consolidated Rules of Practice, Complainant alleges and adopts the Findings of Fact and Conclusions of Law set forth immediately below. 14. Section 309(g)(2)(B) of the Act, 33 U.S.C. § 1319(g)(2)(B), authorizes the assessment of administrative penalties against any person who violates any National Pollutant Discharge Elimination System (“NPDES”) permit condition or limitation in an amount not to exceed $10,000 per day for each day of violation, up to a total penalty amount of $125,000. 15. Pursuant to the Civil Monetary Penalty Inflation Adjustment Rule, 40 C.F.R. Part 19, and Section 309(g)(2)(B) of the Act, 33 U.S.C. § 1319(g)(2)(B), any person who has violated any NPDES permit condition or limitation after November 2, 2015 where the penalty is assessed on or after January 15, 2019, the maximum administrative penalty per day for each day of violation is up to $21,833, up to a total penalty amount of $274,150. (Part 19 also specifies the maximum penalties applicable to other time periods). 16. Section 301(a) of the Act, 33 U.S.C. § 1311(a), prohibits the discharge of any pollutant (other than dredged or fill material) from a point source into waters of the United States except in compliance with a permit issued pursuant to the National Pollutant Discharge Elimination System (“NPDES”) program under Section 402 of the Act, 33 U.S.C. § 1342. 17. Section 402(a) of the Act, 33 U.S.C. § 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States, to ensure compliance with the requirements of the CWA. The discharges are subject to specific terms and conditions, as prescribed in the permit. See also 33 U.S.C. § 1311. 18. Section 402(p) of the Act, 33 U.S.C. § 1342(p), and 40 C.F.R. sections 122.2 and 122.26 provide that, with some exceptions not relevant here, storm water discharges are “point sources” subject to NPDES permitting requirements under Section 402(a) of the Act, 33 U.S.C. § 1342(a).