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The article deals with a legal dispute regarding pension insurance, in which it is discussed whether the defendant may hold the plaintiff liable as a co-heir for a reimbursement claim. The social court has granted the lawsuit and overturned the defendant's decision. The text deals with various judgments and legal foundations related to the reimbursement of pension claims. It is pointed out that the authority is generally authorized to act through administrative acts, even if there is no explicit authorization basis. It is also noted that the specific identification of all heirs is required for enforcement. The article addresses the enforcement of claims against heirs and the question of selecting a joint debtor for the payment of a public-law reimbursement claim. [Extracted from the article]

The Administrative Court of Magdeburg has issued a search order for the apartment of a respondent who is involved in criminal investigations for assault and threat offenses. The court ordered the search to secure the firearms permit, as well as licensed and unlicensed weapons and ammunition. The search order is based on the Firearms Act and requires a sufficient probability of the abusive use of weapons. It is emphasized that personal characteristics such as irritability or aggressiveness can give cause for concern regarding the abusive handling of weapons. It is noted that the enforcement of administrative acts with coercive measures is possible if they are final and non-appealable or if a legal remedy does not have suspensive effect. It is emphasized that the search order becomes effective immediately and that, in exceptional cases, the hearing of the affected party can be waived if there is an immediate threat of weapon misuse. It is emphasized that no circumstances are apparent that would make the right to enter and search appear disproportionate. [Extracted from the article]

The article deals with a case before the State Social Court of Lower Saxony-Bremen, in which a plaintiff is demanding a higher qualification group and higher transitional benefits for a vocational rehabilitation program. The plaintiff has completed training as a bookbinder and argues that, due to his skills and knowledge, he has held positions that are normally carried out by a master bookbinder. The court dismissed the claim and determined that the plaintiff is assigned to qualification group 3 based on his formal vocational training certificate. In another case, the State Social Court ruled that a shareholder-managing director of a tax consulting company was subject to compulsory insurance as an accountant. It is emphasized that a shareholder-managing director must have comprehensive influence on the company's business activities in order to be considered self-employed. Finally, it is stated that certain administrative acts do not establish legal protection and that a determination of compulsory insurance can only be made through a separate administrative act. [Extracted from the article]

The Higher Administrative Court of the State of Saxony-Anhalt has declared the regulation of the Police Inspection Halle on the establishment of a weapons-free zone in A-City invalid. The regulation exceeds the content and scope of the authorizations according to § 42 (5) and (6) of the Weapons Act. However, the jurisdiction of the Police Inspection Halle to issue the regulation was confirmed. It is also stated that the regulation was properly announced, but may not meet the requirements of customary publication. The text describes the legal basis for official measures taken on the basis of a statutory instrument. It is explained that prohibitions or restrictions on weapons according to § 42 (5) and (6) of the Weapons Act must be implemented both at the level of the regulation and at the level of enforcement in the form of an administrative act. The implementation of such measures can lead to difficulties as they require a proper administrative procedure. [Extracted from the article]

The article deals with a legal dispute regarding the reduction of the degree of disability (GdB) of a plaintiff to below 50. The social court decided partially in favor of the plaintiff, but partially overturned the defendant's decision. The plaintiff filed an appeal, which was dismissed as unfounded. The text also describes the legal provisions for the revocation of an administrative act with lasting effect and the determination of the GdB according to § 152 paragraph 1 sentence 1 of the SGB IX. Furthermore, the article discusses the case of a plaintiff who applied for recognition of multiple sclerosis (MS) as a vaccine injury and disability compensation. The district commission for the recognition of health damage as a result of vaccination rejected the recognition of a connection between the influenza vaccination and the occurrence of MS. Therefore, the defendant rejected the recognition as a vaccine injury. Finally, the article addresses constitutional concerns regarding the application of § 2b paragraph 1 sentence 2 no. 3 BEEG, which were dismissed by the court. [Extracted from the article]

The article offers information on the July 2023 Regulatory Agenda of Illinois Office of the State Fire Marshal regarding Fire Prevention and Safety. It mentions statutory authority for implementing and authorized by the Section 9 of the Fire Investigation Act. It also mentions administrative rules contain a list of means by which local jurisdictions subject to these rules may establish that different codes provide equivalent fire safety.

The article offers information on the July 2023 Regulatory Agenda of Illinois Secretary of State regarding Illinois State Library Grant Programs. It mentions statutory authority for implementing and authorized by the State Library Act. It also mentions administrative rules governing grants issued by the State Library will need to be amended to incorporate HB2789.

The article offers information on the July 2023 Regulatory Agenda of Illinois Department of Revenue regarding Income Tax. It mentions statutory authority for implementing the Section 2505-795 of the Department of Revenue Law of the Civil Administrative Code of Illinois and Section 1401 of Illinois Income Tax Act. It also mentions rules will be added to Part 100 concerning the reallocation of items under IITA Section 404; pass-through of credits from partnerships and Subchapter S corporations.

The article "Procedure" reports on a legal dispute between a GmbH (limited liability company) and an audit notice. The GmbH has been deleted from the commercial register but remains eligible to participate in the objection and lawsuit process if the administrative act was notified to them before the deletion. The State Social Court dismissed the lawsuit as inadmissible, but the GmbH's appeal against the non-admission of the appeal is considered justified. It is determined that the GmbH remains eligible to participate despite its deletion from the commercial register as long as it is substantiated that assets are still present. [Extracted from the article]

The article offers information on proposed amendments by the Department of Public Health regarding the Freestanding Emergency Center Code. The topics covered include the conflict between two subsections regarding the operation of fluoroscopes, the alignment of the code with another regulation, and the opportunity for interested persons to provide comments on the proposed rulemaking.

The article focuses on a proposed amendment to the Sales Finance Agency Act in Illinois, U.S. It is reported that the purpose of the proposed amendments is to modernize and update the administrative rules and regulations that govern sales finance agencies. It is further reported that the changes has been proposed in response to questions raised by licensees and concerns identified in examinations and during the licensing process.

The article describes a legal dispute regarding the revocation of a doctor's authorization for contract medical care due to health problems. The doctor had issued vaccination exemptions without anamnesis or examination, which led to investigations. The Association of Statutory Health Insurance Physicians corrected the doctor's billing due to unusually high numbers of new patients and unauthorized billing. The doctor filed an objection but subsequently had their authorization revoked. The Social Court rejected the application to restore the suspensive effect of the objection, but considered the doctor's complaint admissible and justified. The court must conduct a comprehensive balancing of interests if it does not find any errors in the administrative order for immediate enforcement or the underlying administrative act. [Extracted from the article]

Copyright of IUS ET VERITAS is the property of Asociación IUS ET VERITAS and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article offers information on the July 2023 Regulatory Agenda of Illinois Department of Veterans' Affairs regarding Educational Opportunities for Children of Deceased Veterans. It mentions statutory authority for implementing and authorized by Children of Deceased Veterans Act and Section 2(9) of the Department of Veterans' Affairs Act. It also mentions rulemaking is being revised to add/update definitions and incorporate updates required by recent legislation.

The article offers information on the July 2023 Regulatory Agenda of Illinois Department of Innovation and Technology regarding Rulemaking and Organization. It mentions statutory authority for implementing the Department of Innovation and Technology Act. It also mentions Department anticipates amendments to the organizational rules to update them to reflect an amended structure and office location.

The Federal Employment Agency has the right to withdraw benefits for basic security for jobseekers if a recipient has obtained excessive benefits through fraudulent deception. In a specific case, the State Social Court of Saxony-Anhalt ordered a partial withdrawal of benefits for subsistence, as the plaintiff had claimed excessive rental costs through false information. The plaintiff committed benefit fraud by submitting forged rental agreements and cost invoices over many years. The Social Court dismissed the lawsuit and determined that the withdrawal notice is lawful. A partial settlement was also reached, which concerns the partial withdrawal of the benefit approval. The text deals with the application of various laws regarding the withdrawal of administrative acts and points out that certain deadlines and requirements apply. The text describes a decision of the Federal Social Court that regulates the transfer of certain tasks within the framework of the Social Code Book II (SGB II). It is explained that a person is not entitled to reimbursement of their expenses for a summer camp, as the conditions for cost coverage are not met. It discusses under what circumstances reimbursement should be possible and that the provider must be suitable. It emphasizes that extremist and religious fundamentalist providers cannot be considered suitable for state benefits under the SGB II. The Federal Social Court concludes that the youth association R. is classified as an extremist group and no further investigations are necessary. [Extracted from the article]

Copyright of Tax Magazine (2392-7011) is the property of Editura Solomon and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article deals with a case before the State Social Court of Saxony, in which the extraordinary termination of a target agreement for a Personal Budget is at issue. The applicant is severely disabled and dependent on constant help and assistance. Due to new facts, such as unreported hospital stays and outstanding claims from the service provider, the respondent terminated the target agreement for good cause. The applicant lodged an objection and requested the suspensive effect of the objection. The Social Court ordered the suspensive effect, as the termination of the target agreement was ineffective. The respondent's appeal against this decision was considered unfounded. According to § 86a (2) No. 5 SGG, the administrative order for immediate enforcement may only be issued in the public interest or in the overriding interest of a party and requires a written justification. The court must examine whether the order is formally lawful and then carry out a comprehensive balancing of interests. The suspensive effect should be restored if the contested administrative act is obviously unlawful and the person concerned is thereby violated in subjective rights. In the present case, the suspensive effect of the objection against the withdrawal decision should be restored, as the decision is obviously unlawful and the applicant's rights are violated. The conditions for the withdrawal of the favorable administrative act are obviously not met. The present text deals with the provisions on the revocation or withdrawal of administrative acts according to the SGB X. It is argued that these provisions are suspended in this case, as there is a special provision in the SGB IX. It is stated that the conditions for the termination of a target agreement are not met. It is explained that personal budgets are usually provided as cash benefits and that the termination of a target agreement leads to the revocation of the administrative act. It is emphasized that a serious violation of the target agreement must exist in order to justify a termination for good cause. It is argued that such a violation is not present in the present case and that the termination of the target agreement is unlawful as no warning has been given. The present text deals with a termination declaration and the reasons for it. It is stated that the applicant's breaches of contract are not so serious as to justify termination. It is emphasized that a warning would have to be given in order to achieve contract-compliant behavior in the future. It is also pointed out that the reasons given for the termination would not make a warning unnecessary. It is stated that the termination for good cause is not effective and the withdrawal decision is considered unlawful. In the present case, it concerns the plaintiff who has applied for benefits under the Asylum Seekers' Benefits Act. Initially, benefits were granted to her for the months of January to March 2007, and then again for October and November 2007. The plaintiff lodged an objection against these decisions, which was unsuccessful. From November 2008, analogous benefits were then granted to her under § 2 of the Asylum Seekers' Benefits Act. The Social Court and the State Social Court have... [Extracted from the article]

The article deals with a legal dispute regarding the recognition of child-rearing periods abroad in the German pension insurance. The plaintiff lived in Thailand with her son and the child's father, but her claim was rejected by the pension insurance because she was not married to the father. The lawsuit was dismissed because the legal requirements were not met. The plaintiff filed an appeal but was unsuccessful. It is also pointed out that it is possible to withdraw unlawful administrative acts even after they have become final and binding. It is stated that the plaintiff does not meet the requirements for the recognition of child-rearing periods abroad. The Federal Constitutional Court has decided that child-rearing periods abroad should be recognized regardless of marital or non-marital relationships. The limitation of recognition to non-employed spouses and life partners was considered justified. [Extracted from the article]

The article deals with a legal dispute regarding the determination of additional wages for the plaintiff in the years 1978 to 1983. The social court dismissed the claim, but the appellate court decided that the plaintiff is entitled to the determination of additional wages. The defendant was ordered to amend the determination notice to include the additional wages for the years 1978 to 1983. It is explained that an administrative act that has been incorrectly applied or based on incorrect facts can be revoked with retroactive effect even after it has become legally binding. In the specific case, it concerns the determination of year-end bonuses in the supplementary pension system for technical intelligence in the state-owned enterprises of the GDR. It is determined that the defendant wrongly did not take these bonuses into account and that the plaintiff has credibly demonstrated the receipt of the bonuses, but cannot provide concrete evidence. The plaintiff has credibly demonstrated that he received year-end bonuses in the years 1978 to 1983. It has been determined that the plaintiff was employed at VEB R. Elektronik D. during this time and that the payment of year-end bonuses was contractually agreed upon for the work collective. Witness statements confirm that the plaintiff and the work collective had fulfilled the prescribed performance criteria. However, there is no evidence of the actual payment of the bonuses, as the retention period for the wage documents has expired. [Extracted from the article]

The Internal Revenue Bulletin is a weekly publication that serves as the official source for announcing rulings and procedures of the Internal Revenue Service (IRS). It includes a variety of information such as Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. The Bulletin aims to promote a uniform application of tax laws and publishes substantive rulings necessary for this purpose. While the rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, they can be used as precedents. The Bulletin is divided into four parts, covering different aspects of tax law and related matters. The publication is not copyrighted and can be freely reprinted with appropriate citation. [Extracted from the article]

The Internal Revenue Bulletin is a weekly publication that serves as the official source for announcing rulings and procedures of the Internal Revenue Service (IRS). It includes a variety of information such as Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. The Bulletin aims to promote a uniform application of tax laws and publishes substantive rulings necessary for this purpose. While the rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, they can be used as precedents. The Bulletin is divided into four parts, covering different aspects of tax-related matters. The contents of the publication are not copyrighted and can be freely reprinted with appropriate citation. [Extracted from the article]

The FAA has introduced new Airman Certification Standards (ACS) and Practical Test Standards (PTS) that provide specific testing standards for each certificate, rating, or proficiency check. The new standards eliminate ambiguity and became effective on May 31, 2024. The FAA has also published a new ACS Companion Guide for Pilots to assist users with familiarization of its content and testing requirements. Additionally, the FAA has issued an Advisory Circular (AC) that allows pilots and aircraft owners to replace required paper information with electronic flight bags (EFBs) and digitize their cockpits. [Extracted from the article]

The article is about a legal procedure regarding the responsibility for the defense against health hazards caused by the oak processionary moth. The administrative court has ruled that the applicant cannot be held liable as the responsible party for the condition. The danger to health does not only come from the oak processionary moths themselves, but also from their hairs and skin residues in the nests. The authority did not properly exercise its discretion in selecting those responsible for eliminating the hazards. The procedure is not yet concluded, and in the objection procedure, the legality and appropriateness of an administrative act are reviewed. The Senate has decided to limit the suspensive effect of the objection until the objection decision is issued. [Extracted from the article]

Copyright of Tax Magazine (2392-7011) is the property of Editura Solomon and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As previous columns have noted (https://doi.org/10.1002/dhe.31107), the Office for Civil Rights denial of accommodation investigations focus almost exclusively on process. These determination letters frequently include lengthy descriptions of how the institution processed a request, a focus that might suggest that Section 504 of the Rehabilitation Act is an administrative procedure statute. But Section 504 is a civil rights statute whose purpose is to prohibit disability discrimination, not a procedural code for processing accommodation requests. Nevertheless, if OCR unearths process shortcomings in its investigation, it regularly relies on process failure to conclude that an institution has violated section 504, issuing a finding of discrimination and direction to reconsider the request based solely on its assessment that the institution's process fell short. [ABSTRACT FROM AUTHOR]

Copyright of Tax Magazine (2392-7011) is the property of Editura Solomon and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Tax Magazine (2392-7011) is the property of Editura Solomon and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Internal Revenue Bulletin is a weekly publication that serves as the official source for announcing rulings and procedures of the Internal Revenue Service (IRS). It includes a variety of information such as Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. The Bulletin is divided into four parts, covering topics such as the Internal Revenue Code, treaties and tax legislation, administrative and procedural matters, and items of general interest. It is important to note that the rulings and procedures reported in the Bulletin do not have the same force and effect as Treasury Department Regulations, but they can be used as precedents. [Extracted from the article]

The Internal Revenue Bulletin is a weekly publication that serves as the official source for announcing rulings and procedures of the Internal Revenue Service (IRS). It includes Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. The Bulletin aims to promote a uniform application of tax laws and publishes substantive rulings necessary for this purpose. While the rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, they can be used as precedents. The Bulletin is divided into four parts, covering the Internal Revenue Code, treaties and tax legislation, administrative and procedural matters, and items of general interest. The publication is not copyrighted and can be freely reprinted with appropriate citation. [Extracted from the article]

The Internal Revenue Bulletin is a weekly publication that serves as the official source for announcing rulings and procedures of the Internal Revenue Service (IRS). It includes a variety of information such as Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. The Bulletin aims to promote a uniform application of tax laws and publishes substantive rulings necessary for this purpose. While the rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, they can be used as precedents. The Bulletin is divided into four parts, covering different aspects of tax law and related matters. The publication is not copyrighted and can be freely reprinted with appropriate citation. [Extracted from the article]

The Internal Revenue Bulletin is a weekly publication that serves as the official source for announcing rulings and procedures of the Internal Revenue Service (IRS). It includes Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. The Bulletin aims to promote a uniform application of tax laws and publishes substantive rulings necessary for this purpose. It is important to note that the rulings and procedures reported in the Bulletin do not have the same force and effect as Treasury Department Regulations, but they can be used as precedents. The Bulletin is divided into four parts, covering different aspects of tax law and related matters. The publication is not copyrighted and can be freely reprinted with appropriate citation. [Extracted from the article]

This article discusses the case of Corner Post, Inc. v. Board of Governors of the Federal Reserve System, which involves a challenge to a Federal Reserve rule that caps debit-card processing fees for large banks. The case centers around the question of when Administrative Procedure Act (APA) claims accrue, either upon rule promulgation or upon injury to the rule challenger. The U.S. District Court for the District of North Dakota and the U.S. Court of Appeals for the Eighth Circuit ruled that the claim accrued when the rule was published, leading to the dismissal of the lawsuit. However, Corner Post is asking the Supreme Court to adopt the position of the Sixth Circuit, which holds that the limitation period begins when a plaintiff is first "adversely affected" by an agency regulation. The case is scheduled for oral argument on February 20, 2024. [Extracted from the article]

Copyright of Tax Magazine (2392-7011) is the property of Editura Solomon and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Consumer Financial Protection Bureau (CFPB) has filed an appeal against a ruling by the U.S. District Court of the Eastern District of Texas in a case involving changes to the Bureau's Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) examination manual. The dispute arose when the CFPB revised the manual to include discriminatory conduct as a violation of the Dodd-Frank Act prohibition on unfairness, despite the existence of more specific antidiscrimination laws. Trade groups sued the Bureau, and the district court ruled in their favor, invalidating the manual changes. The appeal will be heard by the U.S. Court of Appeals for the Fifth Circuit. [Extracted from the article]

A consulting firm claims that IRS Notice 2016-66, which requires the firm to collect and report certain client information to the IRS, is invalid for violating the Administrative Procedure Act. Failing to comply with the requirements of Notice 2016-66 could result in financial penalties administered as taxes under the Internal Revenue Code. The question presented is whether the Anti-Injunction Act, which precludes lawsuits “for the purpose of restraining the assessment or collection of any tax,” bars such pre-enforcement challenges. [ABSTRACT FROM AUTHOR]

The article informs about works and profile of Antonio de Balbín de Unquera, a Doctor of Civil and Canon Law, and descrinbes his works in Administrative, Philosophy and Letters of laws. Topics include knowledge in the various courses of reading, writing, Castilian grammar, arithmetic and Christian Doctrine; and signed his works in bable with the pseudonym Xiquin de Villaviciosa, and published a book of poems entitled "De la mio Asturies: poems."

The Internal Revenue Bulletin is a weekly publication that serves as the official source for announcing rulings and procedures of the Internal Revenue Service (IRS). It includes a variety of information such as Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. The Bulletin aims to promote a uniform application of tax laws and publishes substantive rulings that supersede, revoke, modify, or amend previous rulings. While the Bulletin does not have the force and effect of Treasury Department Regulations, it can be used as a precedent. The publication is divided into four parts, covering different aspects of tax-related matters. The contents of the Bulletin are not copyrighted and can be freely reprinted with appropriate citation. [Extracted from the article]

The Internal Revenue Bulletin is a weekly publication that serves as the official source for announcing rulings and procedures of the Internal Revenue Service (IRS). It includes a variety of information such as Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. The Bulletin aims to promote a uniform application of tax laws and publishes substantive rulings that supersede, revoke, modify, or amend previous rulings. While the Bulletin does not have the force and effect of Treasury Department Regulations, it can be used as a precedent. The publication is divided into four parts, covering different aspects of tax-related matters. The contents of the Bulletin are not copyrighted and can be freely reprinted with appropriate citation. [Extracted from the article]

Private credit lenders, including KKR & Co. and Oak Hill Advisors, have provided a $2.775 billion loan to support Clarience Technologies' acquisition of Safe Fleet. The loan is a seven-year unitranche facility that combines senior and junior debt and carries an interest rate of 5.75 percentage points over the Secured Overnight Financing Rate. KKR acted as the administrative agent, while Oak Hill Advisors served as a joint lead arranger. This transaction is part of a trend of debt-financed acquisitions by private credit lenders. [Extracted from the article]