Administrative Discretion Clause Samples

Administrative Discretion. Recognizing that LWOP is a matter of administrative discretion and may not be demanded as a right, the Employer may approve requests for LWOP in the following circumstances:

Administrative Discretion. The Executive Director is empowered to provide a leave with or without pay for certain absences of employees that are beyond the employee’s control or may cause the employee personal embarrassment, extreme handicap, or jeopardize the employee’s or the Bucks IU’s position in the school or the community should the employee appear for assigned duties. Any decision will not be considered precedent setting for other employees.

Administrative Discretion a. There are numerous instances when employees are absent from their normal duties to perform acts or services officially sanctioned by the employer. In performing this act or services, employees remain under management control or jurisdiction and are thus considered in a duty status. Supervisors may be authorized to make individual determinations that the act or service is job-related and not chargeable to leave and to place reasonable limits on the length of such absences from normal assignments. For example: (1) Employees are encouraged to serve as blood donors and may be excused from work without charge to leave for the time necessary to donate the blood, for recuperation following blood donation, and for necessary travel to and from the donation site. Normally the excusable time will not exceed four (4) hours, plus travel time, except in unusual cases. (2) Excused tardiness and brief absences is limited to periods of less than one (1) hour. (3) Employees will be excused for examinations taken at the request of the employer. (4) Employees may be excused to participate in interviews when competition is for a position within the employer’s jurisdiction. (5) Employees will be granted excused absence to vote when the polls are not open at least three hours before or three hours after an employee’s working hours. (6) Employees who are veterans of declared wars or who served in a campaign or expedition for which a campaign medal has been authorized, or who are members of an honor or ceremonial group of those veterans may be granted excused absence for up to four (4) hours in any one day to participate as an active pallbearer or a member of a firing squad or guard of honor in a funeral ceremony for a member of the armed services whose remains are returned from abroad for final interment in the United States.

Administrative Discretion. The Administrator may, in its discretion, include or exclude by amendment or other action from the Participant Direction Procedures such instructions, guidelines or policies as it deems necessary or appropriate to ensure proper administration of the Plan, and may interpret the same accordingly.

Administrative Discretion. The Next Stage The Yale Law Journal, Volume 92, pp. 1487-1522, 1983 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇. ▇▇▇▇▇▇ of Proof in Investment Treaty Arbitration: Shifting? Humboldt Forum Recht, 2009 UNCTAD United Nations Conference on Trade and Development Expropriation – UNCTAD Series on Issues in International Investment Agreements II United Nations, 2012 Vives Vives, A. Corporate Social Responsibility: The Role of Law and Markets and the Case of Developing Countries Chicago-Kent Law Review, Volume 83, Issue 1, pp. 199-229, 2007 Vlavianos/▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇. ▇.; Papas, V. F. L. Multi-Tier Dispute Resolution Clauses as Jurisdictional Conditions Global Arbitration Review, 2017 ▇▇▇▇▇▇ ▇▇▇▇▇▇, M. International investment, expropriation and environmental protection Golden Gate University Review, Volume 29, Issue 3, pp. 465-538, 1999 ▇▇▇▇▇▇ et ▇▇. ▇▇▇▇▇▇, M.; ▇▇▇▇▇▇▇, ▇.; ▇▇▇▇▇, ▇. ▇.; ▇▇▇▇▇▇▇, C. The Backlash against investment arbitration Kluwer Law International, 2010 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇. ▇▇▇▇▇▇▇▇▇▇▇▇ and Admissibility in Proceedings under the ICSID Convention and the ICSID Additional Facility Rules, in: ICSID Convention after 50 Years: Unsettled Issues Kluwer Law International, 2017 ▇▇▇▇▇▇ ▇▇▇▇▇▇, T. International Investment Law and Arbitration: Leading cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law ▇▇▇▇▇▇▇ May, 2005 ▇▇▇▇▇▇▇▇ et al. ▇▇▇▇▇▇▇▇, M.; ▇’▇▇▇▇▇▇▇▇, ▇.; ▇▇▇▇▇▇▇▇, D.; ▇▇▇▇▇▇, P.; ▇▇▇▇▇▇, ▇. ▇▇▇▇▇ Tribunal confirms wide nationality definition under Netherlands BIT ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ LLP, 2008 ▇▇▇▇▇▇/▇▇▇▇▇▇ ▇▇▇▇▇▇, R.; ▇▇▇▇▇▇, N. Nationality Requirements in Investor-State Arbitration The Journal of World Investment & Trade, pp. 927-945, 2004 SCC Rules Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, 2017 VCLT United Nations, Vienna Convention on the Law of Treaties, 23 May 1969

Administrative Discretion. The Plan shall be administered by the Committee.

Administrative Discretion. The Administrative Agent may determine, in its sole discretion, whether a Proposed Guaranteed Instrument satisfies the requirements of paragraphs (h), (i) or (n) of Section 2.2(1) above.

Administrative Discretion. 14 7.8 Withholding.........................................................14 7.9 Severability........................................................15 7.10

Administrative Discretion. The Plan Administrator has the discretionary authority to administer the Group Health Plan, including the authority to make determinations in the administration of the Group Health Plan, including, without limitation, determinations concerning eligibility for benefits; coverage of services, care, treatment, or supplies; and/or reasonableness of charges; and such determinations shall be final and conclusive. Prior to the Effective Date, the Plan Administrator will take such internal action as is necessary to delegate to BCBSNC the authority to make discretionary decisions, as required by this Agreement, including, without limitation, the discretion to make determinations regarding claims for benefits as described in Article 7 of this Agreement.