Provider

“ Each agency responsible for administering or awarding Federal financial assistance for social service programs shall offer protections for beneficiaries of such programs pursuant to the following principles: “ (i) Referral to an Alternative Provider. If a beneficiary or prospective beneficiary of a social service program supported by Federal financial assistance objects to the religious character of an organization that provides services under the program, that organization shall, within a reasonable time after the date of the objection, refer the beneficiary to an alternative provider. ”

“ The entity reports the number of active enrollees and beneficiaries provided with assistance by age, disability, and whether such enrollees and beneficiaries received services from the entity or another entity. (6) If the entity provides counseling or planning services, the entity ensures that an active enrollee or beneficiary is informed of any financial interest that the entity has in a service provider. (7) The entity provides an active enrollee or beneficiary with a list of available service providers that can meet the needs of the active enrollee or beneficiary. ”

“ In their relation to the institution, attendants should fulfil all their engagements with the same sense of right, that they expect will be observed towards them by those who employ them. It is a business contract that is assumed, and brings with it mutual legal responsibilities, rights, and obligations. ”

“ With the qualification that the agent is at liberty to communicate his knowledge to his principal, it appears to us to be a sound view of the subject. The general rule that a principal is bound by the knowledge of his agent is based on the principle of law, that it is the agent's duty to communicate to his principal the knowledge which he has respecting the subject-matter of negotiation, and the presumption that he will perform that duty. ”

“ All three persons represent the principal, or the master, or the employer, but the line of distinction lies here: An agent is employed to bring the principal into new contractual obligations; a servant represents his master in the performance of ministerial, or mechanical acts or services, with no thought of bringing his master into new contractual relations with third persons. ”

“ So with the engineer, the surveyor, the accountant, or the technician generally, who has to maintain standards of service and of efficiency against the bias of profit-making. So with the manager, the secretary, or the officer of a corporation — for here business as- sumes most nearly the aspect of a profession — who has to reconcile the trust imposed on him by his employers with the duty he owes to himself and to those whose service he in turn controls. ”

“ CONSUMER CONTROLLED- The term `consumer controlled' means a method of selecting and providing services and supports that allow the individual, or where appropriate, the individual's representative, maximum control of the home and community-based attendant services and supports, regardless of who acts as the employer of record. ”

“ We may prove from etymology that every person who confers a favor on another is his servant. We may present a lawyer’s brief showing to the satisfaction of every local and national court that every employee in the eye of the law is a servant. We may argue from the biblical standpoint and show without a flaw in our chain of reasoning that we are all servants of one another. We may point to the classification of occupations made by the national census bureau and show that clergymen, doctors, lawyers, teachers, and domestic servants are placed together. ”

“ It is as if the community entered into a sort of agreement with the worker to the effect that it will provide him with a living in return for definite service to the community or for the product of his labor. What we call "business" is SELLING A SERVICE. It may be personal service, such as teaching, or prescribing medicine, or nursing, or giving legal advice, or cutting hair, or driving a team, or running an automobile. ”

“ Charge the same services, therefore, higher, to the master or mistress of a family, or to an only son or daughter, who call forth all your feelings and industry, than to less important members of a family and of society. ”

“ Rights to services.—Finally we have to take account of rights vested in one person to the services of another: the rights, for example, which are created by a contract between master and servant, physician and patient, or employer and workman. ”

“ The superior condition of bought servants is manifest in the high trusts confided to them, and in their dignity and authority in the household. In no instance is a hired servant thus distinguished. The bought servant is manifestly the master's representative in the family—with plenipotentiary powers over adult children, even negotiating marriage for them. ”

“ There is no such record in the country for continuous service with one company, which during the whole period has been controlled by one family. This service of more than half a century has been in every way satisfactory. ”

“ The upshot of all this is, that as soon as we assume the performance of a certain service to be necessary for the public convenience, and that those who undertake that service are in duty to the public bound not to cause or to permit that service to be interrupted, we must admit at the same time that the public becomes in duty bound to afford them a corresponding measure of protection in the performance of that service. ”

“ But, as I see it, the minute you gave up your profession you lost the right to expect or demand any other treatment than that of an outsider. As for the service which you claim to have rendered us in grappling with the agent, I, for my part, fail to acknowledge any obligation—unless it be on the part of the agent, whose life you assuredly saved. ”

“ Investigations and adjudications of covered individuals who require a determination of suitability, eligibility for logical and physical access, eligibility to hold a sensitive position, eligibility for access to classified information, and, as appropriate, contractor employee fitness, shall be aligned using consistent standards to the extent possible. ”

“ But where the agency is continuous, and concerned with a business made up of a long series of transactions of a like nature, of the same general character, it will be held that knowledge acquired as agent in that business in any one or more of the transactions, making up from time to time the whole business of the principal, is notice to the agent and to the principal, which will affect the latter in any other of those transactions in which that agent is engaged, in which that knowledge is material. ”

“ You will, however, in general avail yourself of the services of any Persons, whether Fugitives from Labor or not, who may offer them to the National Government; you will employ such Persons in such services as they may be fitted for, either as ordinary employees, or, if special circumstances seem to require it, in any other capacity with such organization, in squads, companies, or otherwise, as you deem most beneficial to the service. ”

“ With regard to any particular service or concern, I would ask, Is it more convenient, more likely to lead to economy and efficiency, to let this service rest in the hands of some single person or group of persons who may offer to do the service or administer the concern, and whom we will call the owners, or to place it in the hands of some single person or group of persons, elected or chosen by lot, whom we will call the official or group of officials? ”

“ Agents by means of whom the greater part of all Household Concerns are transacted, yet, there are many important branches of family arrangement, the direction and controul of which, either directly or indirectly, fall within the sphere of the Heads of Families, some of which are exclusively their own Concerns, and others necessarily and unavoidably connected with the business of Servants, but respecting which no instruction can be given to them. ”

“ There are four methods by which the relationship of agency arises: (1) By contract; (2) by ratification; (3) by estoppel; (4) by necessity.
WHO IS OR MAY BE AN AGENT.—The law of agency, as between principal and agent, is simply an application of the general law of contracts, but as between third parties and the principal, or agent, new questions arise. The first question is, who is an agent and who is a principal? Any employer is a principal and any employee is an agent. The employer is a principal whether he employs the employee for a single act or whether he employs him for a period of time. ”

“ Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of contracts, contract financing, contract performance, contract administration and those technical and management functions directly related to the process of fulfilling agency needs by contract. ”

“ Renouncing all claims to superiority on the one hand, and all thought of servility on the other, service can be rendered by fair contracts and agreements, with that mutual respect and benevolence which every human being owes to every other. ”

“ What the agent has done with his principal’s consent the public are justified in believing him authorized to continue doing. Thus, as a familiar instance, the servant who has continued to purchase goods for his master at a particular shop on credit is presumed to retain authority and trust, and pledges his master’s credit in further purchases, though he should, without the knowledge of the shopkeeper, apply the articles to his own uses. ”

“ GRANT- The term `grant' includes a contract, cooperative agreement, or other mechanism for providing financial assistance. (11) GUARDIANSHIP- The term `guardianship' means-- (A) the process by which a State court determines that an adult individual lacks capacity to make decisions about self-care or property, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker ”

“ In undertaking the care of a patient the physician enters into legal relations with him and becomes a party to a contract, which, although not expressly set forth in writing, is yet, in the eye of the law, fixed and certain, and one which subjects him, in case of a breach on his part, to legal liabilities. ”

“ All of these exploiting agencies become inextricably mingled in actual life. The functions of the padrone, the labor contractor, the employment agent, the steamship agent, the boarding boss, the saloon keeper, the grocer, the banker, the notary public—any two or more of these may be combined in the person of a given individual, who exercises a corresponding control over the destiny of those who are dependent on him. ”

“ So infants, married women, slaves, and even lunatics, may be agents or servants whose acts will bind their principals. It has been held that even a dog may be an agent. As to who may be a principal, the ordinary rules of contracts, as we have discussed them, may be relied upon as giving the correct rule.
AGENCY BY CONTRACT.—Concerning agency which arises by contract, little need be said. A contract of agency must possess all of the elements of the ordinary contract, such as mutual assent, consideration, competent parties, legality of object, and in some cases, a particular form. ”

“ DUTIES OF ONE ENGAGED IN PUBLIC SERVICE.—Now, being engaged in public service subjects a person or corporation who is so engaged to some special duties. Such a person cannot make any bargain he pleases with anybody he pleases, and refuse to make bargains with others, as an ordinary person can. It is the duty of any one engaged in a public service to give reasonable service to all who apply, without discrimination, and for reasonable compensation. ”

“ For those whom the state has assigned you as companions and assistants in public business, you are answerable only within the limits I have just laid down; but for those whom you have chosen to associate with yourself as members of your private establishment and personal suite, you will be held responsible not only for all they do, but for all they say.... ”

“ But if the gentleman has hired a doctor, and given him to understand that he will pay him, he is bound to pay what the services are reasonably worth; he can, however, at any time give him notice that he will not be liable for further services. [3] If he calls the doctor in to attend the servant without the servant's request or consent, he must foot the bill ”

“ Operating Feature and Working Organization.—Mutual agency is the essential operating feature of the partnership. By this is meant that any one of the partners can act for the others, and in the eyes of the law all are equally responsible for the management of the business. ”

“ Generally, an individual performing services as a physician, lawyer, dentist, veterinarian, contractor, subcontractor, public stenographer, or auctioneer, who follows an independent profession, trade, or business in which he offers his services to the public, in an independent contractor. Such individual, however, may be an employee, and in any doubtful case the determination will be made as provided in this article. ”

“ As they are so truly our benefactors and furnish us with so much genuine enjoyment and absorbing interest, we are under obligation to repay their services to us by some form of service to them, which will minister also to the well-being of our communities. ”