Administrative Appeal. A written request submitted by or on behalf of a member involving plan-related administrative issues such as eligibility, effective dates of coverage, and plan changes.
Administrative Appeal. Employees of this Unit are "Public Officers" as defined in Penal Code Section 831.5, and are not entitled to the protections provided by the Peace Officers Procedure Bill of Rights (Government Code Section 3300 et. seq.); however, through this MOU, the County provides similar rights as specified below. As regards alleged "punitive actions" in the nature of terminations, demotions in class or salary step, and suspensions without pay only, the right to appeal such discipline to the Civil Service Commission as provided for in the foregoing section is agreed to constitute the "administrative appeal" required by Government Code Section 3300 et. seq. As regards any other alleged "punitive action" for which there exists a right of "administrative appeal" pursuant to Government Code Section 3300 et. seq., and including the appeal of a written reprimand, the following "administrative appeal" is provided:
A. Within ten (10) working days from the effective date of such punitive action, the employee must submit in writing a “Notice of Appeal” to the Sheriff or designee acting in the capacity of Administrative Appeal Officer, together with any and all documents supporting the employee's appeal including statements from any witnesses. Failure to submit a “Notice of Appeal” to the Sheriff or designee within the time period prescribed shall constitute an absolute waiver of the right to an "administrative appeal" pursuant to Government Code Section 3300 et. seq.
B. The Sheriff or designee must respond in writing to the “Notice of Appeal” within twenty (20) working days following submission. No hearing is required to be held and the designee may respond to the appeal solely on the materials and documents provided by the appealing employee and by the department.
C. The Sheriff or designee, acting as the Administrative Appeal Officer, shall have the power to amend, modify, rescind, or uphold, in whole or any part thereof, the claimed punitive action of the department or authority imposing discipline.
D. The "administrative appeal" provided for herein need not be completed prior to the implementation of the alleged "punitive action".
E. With respect to appeal rights governing written reprimands, the decision of the Sheriff or designee is final and binding. Nothing in this section confers upon the employee the right to challenge the decision of the Sheriff or designee in any other formal, informal or administrative proceeding.
Administrative Appeal. Developer may appeal to the BPW Board of Directors for relief prior to the initiation of any enforcement action under the terms of this Agreement concerning the BPW Improvements. However, any such appeal must be noticed to the BPW Board of Directors within seven (7) business days of the date of notice from the BPW that action is to be taken.
Administrative Appeal. (1) A person appealing a local agency hearing officer's decision, or a vendor or a local agency aggrieved by a decision of the cabinet to impose a sanction authorized by law, may file a written request for a hearing with the cabinet within (15) days after receipt of notice of the adverse action. The hearing shall be conducted in accordance with KRS Chapter 13B.
(2) Within fifteen (15) days of a request for a hearing, the cabinet shall issue a notice of hearing.
(3) A decision assessing the validity of the violation and sanction imposed shall be based upon the record of the hearing and the relevant statutory and regulatory provisions governing the WIC Program.
(4) The final order of the cabinet shall be forwarded to the appellant within ninety (90) days from the date of receipt of the written request for hearing, unless the appellant waives this date in writing.
Administrative Appeal. 1. An administrative appeal with non-suspensive effects, may be submitted to the Minister, against any decision which grants, refuses or suspends rights pursuant to this Code.
2. The administrative appeal shall be filed within thirty days from the date of publication or notification of the decision.
3. Without prejudice to the provisions of article 10, only a party whose application for registration, opposition, reply to the opposition or whose appeal the Director-General has rejected or dismissed, shall have the right to institute an administrative appeal.
4. The Minister shall make a decision on the administrative appeal within thirty days from the date of it being instituted.
5. The institution of an administrative appeal shall not suspend the period of litigation in challenging the act appealed against, in terms of the following article.
Administrative Appeal. If the employee disagrees with the evaluation, he/she shall have the right to appeal the evaluation in writing to the appropriate Local Educational Services Center Superintendent, or division head, or designee within ten (10) working days of receipt of the evaluation. A meeting to discuss the evaluation shall take place within five (5) working days from receipt of the appeal. The employee may upon request be represented at this meeting by the Union or any other person of the employee’s choice so long as that person is not a representative of another employee organization. The reviewer shall reply in writing to the employee within ten (10) working days after the meeting. The decision of the reviewer shall be final.
Administrative Appeal an Appeal by or on behalf of a Covered Person that focuses on unresolved disputes or objections regarding coverage terms such as contract exclusions and non-covered benefits. Administrative Appeal may present issues related to Medical Necessity or Medical Appropriateness, but these are not the primary issues that affect the outcome of the Appeal.
Administrative Appeal. If Hospital so requests in writing at any time before the effective date of the proposed action, EMS Agency shall afford Hospital a hearing before an impartial panel appointed by the EMS Agency Director. The panel shall include three members, all of whom have experience in health care, and at least one of whom is a physician experienced in emergency care. The panel shall hold an informal hearing not more than 30 days after Hospital's request. Each party may submit oral or written evidence, but formal rules of evidence shall not apply. Discovery may be permitted by the panel, and shall be limited in scope at the panel's discretion. Not more than 30 days after the conclusion of the hearing, the panel shall evaluate the evidence and make written findings and conclusions. All findings must be supported by the evidence, and the conclusion(s) supported by the findings. Each party shall bear its own costs. The decision of the panel shall be final.
Administrative Appeal. Whenever in the Modified 2003 Rules or Subsequent Applicable Rules any requirement or action by Stanford is made subject to the approval or satisfaction, however expressed, of any entity other than City, such condition shall not be interpreted as providing the third party the right to make any final decision other than as may be authorized by law other than the Modified 2003 Rules or Subsequent Applicable Rules. Where a third party has no right authorized by law other than the Modified 2003 Rules or Subsequent Applicable Rules to make a final decision, a condition requiring approval or satisfaction of such third party, however expressed, shall mean that the third party shall provide, as appropriate, advice, consultation, a recommendation and/or an initial decision regarding the condition. The actual determination in such case will be made by the official or entity of City required or authorized to make such determination in accordance with the applicable provisions of the Palo Alto Municipal Code as set forth in the Modified 2003 Rules. Appeals from determinations made by City officials or entities shall be made in accordance with applicable provisions of the Palo Alto Municipal Code as set forth in the Modified 2003 Rules.
Administrative Appeal a. A grievance unresolved by the Second Step may be continued if appealed to the Director of Human Resources , or designee, within fourteen (14) days of receipt of the final decision of the Department Head or designate thereof. If no decision was forwarded within the time period set forth in Section C, 2, b, the grievance may be so appealed within fourteen (14) days after the expiration of the time period set forth in Section C, 2, b. The appeal shall be submitted to the Director of Human Resources , or designee, in writing, state the reasons in support and have attached all forms, decision and notices submitted and received in the Second Step.
b. The Director of Human Resources, or designee, or delegate thereof, shall process the appeal. The person processing the appeal may conduct a hearing at his option. A copy of the decision shall be forwarded to the grievant, Department Head and City Manager within twenty-one (21) days from the time the grievance was appealed to the Director of Human Resources , or designee, as provided in paragraph (a) of the third step.
