Discretionary Powers. The Board of Land Commissioners is delegated discretionary power to regulate and control the use or disposition of lands in the beds of navigable lakes, rivers, and streams, to the natural or ordinary high water mark thereof, so as to provide for their commercial, navigational, recreational or other public use; provided that the Board shall take no action in derogation of or seeking to interfere with the riparian or littoral rights of the owners of upland property abutting or adjoining such lands. (Section 58-104(9), Idaho Code). (2-7-91)
Discretionary Powers. In addition to and not by way of limitation of any other powers conferred upon the Trustee by law or other provisions of this Agreement, but subject to Section 2.02 and this Article V, the Trustee is authorized and empowered, in its discretion:
Discretionary Powers a. The parties herein agree that the Board of Trustees shall have absolute and sole discretionary power over this organization, its assets and earnings therefrom.
Discretionary Powers. The Manager shall exercise all discretionary powers involved in connection with the Management Services subject to the terms hereof, and shall pay all costs and expenses incurred in connection therewith that may be necessary or advisable for the carrying out of the transactions contemplated by this Supply Management Agreement. The Manager may, for its own account, seek the assistance of other parties in carrying out its duties hereunder.
Discretionary Powers. To the greatest extent possible, decisions affecting the educational process at an individual school shall be made at the school level. Where a decision cannot be made at that level, schools should be free to communicate their views and con- cerns related to that decision to the relevant decision-maker. School Site Councils shall have primary authority to make de- cisions affecting those matters listed in Section III(B)(2) above.
Discretionary Powers. The commissioner has the authority to:
Discretionary Powers. Sections 22 (3) and 22(7) of the Bill contain the type of powers that the Administrative Justice clause in the Constitution is intended to prevent. Discretionary powers that allow for arbitrary decision making by government officials have no place in the laws of a modern democracy. Public Choice theory in economics has demonstrated its validity only too well for anyone to retain the illusion that the subjective judgements of civil servants operate solely in the public interest. Such powers lead to injustice and corruption and should be eliminated from legislation.
Discretionary Powers. Many sections of the Long-term Insurance Bill contain the type of powers that the Administrative Justice clause in the Constitution should prevent. Discretionary powers that allow for arbitrary decision-making by government officials have no place in the laws of a modern democracy. Public Choice theory in economics has demonstrated only too well that the subjective judgements of civil servants tend to be used to further their own interests rather than the interests of the general public. Such powers lead to injustice and corruption and should be eliminated. Some of the sections of the Long-term Insurance Bill requiring subjective value-judgements and granting discretionary powers to the Registrar are listed below, with comment where considered necessary:
Discretionary Powers. The Transaction Manager shall exercise all discretionary powers involved in connection with the Transaction Services, subject to the terms hereof, and shall be required to, except as may otherwise be provided herein, pay at its sole cost and expense all costs and expenses incurred in connection therewith that may be necessary or advisable for the carrying out of the transactions contemplated by this Transaction Management Agreement. The Transaction Manager may, for its own account, seek the assistance of other Persons in carrying out any and all of its duties hereunder and may enter into sub-management agreements in connection therewith; provided, that the Transaction Manager will at all times remain liable for the performance of the Transaction Services provided herein.
Discretionary Powers. The Master Manager shall exercise all discretionary powers involved in connection with the Master Management Services, subject to the terms hereof, and shall be required to, except as may otherwise be provided herein, pay at its sole cost and expense all costs and expenses incurred in connection therewith that may be necessary or advisable for the carrying out of the transactions contemplated by this Master Management Agreement. The Master Manager may, for its own account, seek the assistance of other Persons in carrying out any and all of its duties hereunder and may enter into sub-management agreements in connection therewith; provided, that the Master Manager will at all times remain liable for the performance of the Master Management Services provided herein.
