The Illinois Supreme Court correctly concluded that the ordinance did not provide sufficiently specific limits on the enforcement discretion of the police to meet constitutional standards for definiteness and clarity.
As of 2007, broad sections of the regulation have been challenged as excessive, and the FDA has stated in guidance that it will exercise enforcement discretion on many parts of the rule.
As Chairman, he drastically changed the direction and organization of the agency by adopting a policy that parole officers considered weak on enforcement, and reduced their enforcement discretion.
While this research is not conclusive, the FDA intends to exercise its enforcement discretion with respect to the following qualified health claim:
The existence of league tables was further evidence for older officers of inroads into their enforcement discretion and of lack of knowledge among their senior staff of the hard realities of pollution control work.
Specifically, "the principles of fair notice to citizens and limitation of enforcement discretion".
To encourage these studies, the CPG announces FDA's intention to exercise enforcement discretion if studies falling within the parameters of the CPG trigger certain regulatory requirements.
As always, FDA may at any time revisit a decision to exercise enforcement discretion.
The use of enforcement discretion in an arbitrary way is referred to as selective enforcement or selective prosecution.
Mr. Suarez, who has since left the agency, also assured them that the E.P.A. was "committed to issuing an enforcement discretion or other enforcement tool" to carry out the test.