ADMINISTRATIVE HEARING PROCEDURES Sample Clauses
The Administrative Hearing Procedures clause outlines the formal process by which disputes or issues are resolved through an administrative hearing rather than through court litigation. Typically, this clause details the steps involved, such as notice requirements, the selection of a hearing officer, the presentation of evidence, and the rights of the parties to be heard. For example, it may specify timelines for submitting documents or the manner in which hearings are conducted, whether in person or virtually. The core function of this clause is to provide a structured, efficient, and fair mechanism for resolving disputes within an administrative framework, thereby reducing the need for more costly and time-consuming judicial proceedings.
ADMINISTRATIVE HEARING PROCEDURES. A. The administrative hearing will be conducted by the Superintendent or designee.
B. The employee will be given a letter announcing the time and place of a hearing; an opportunity to change the hearing time, if necessary; and the letter will state the charges and reason for hearing.
C. The employee will be notified that they may have union representation of their choice present at the hearing. They must notify the hearing officer of their representative one (1) day prior to the hearing.
D. A copy of the hearing notice will be sent to the union president, as well as any decision after the hearing.
E. The supervising administrator requesting the hearing will be present at the hearing, as well as any necessary witnesses needed to provide facts and/or information concerning the hearing.
F. The hearing officer will render a decision within five (5) working days to the employee and the union president or representative which will state the disciplinary action being taken.
ADMINISTRATIVE HEARING PROCEDURES. Should Franchisee contend that the County is in breach of this Franchise Agreement, it shall file a 48 request with the Director for an administrative hearing on the allegation. 49
ADMINISTRATIVE HEARING PROCEDURES. 17.2.6.1 The administrative hearing will be conducted by the Director of Human Resources or designee.
17.2.6.2 The employee will be given a letter announcing the time and place of a hearing; an opportunity to change the hearing time, if necessary; and the letter will state the charges and reason for hearing.
17.2.6.3 The employee will be notified that they may have a Union representative of their choice present at the hearing. They must notify the hearing officer of their representative one day prior to the hearing.
17.2.6.4 A copy of the hearing notice will be sent to the Local President, as well as any decision after the hearing.
17.2.6.5 The supervising Administrator requesting the hearing will be present at the hearing, as well as any necessary witnesses needed to provide facts and/or information concerning the hearing.
17.2.6.6 The Hearing Officer will render a decision within five working days to the employee and the Union President or representative which will state the disciplinary action being taken.
17.2.6.7 It is understood that the employee has the right to present a written rebuttal for his/her personnel file at any step of the disciplinary procedure.
17.2.6.8 Anonymous complaints or reports shall not be considered or used as evidence against any employee during disciplinary hearings or any part of the disciplinary process.
ADMINISTRATIVE HEARING PROCEDURES. 48
1 A. Should Franchisee contend that the County is in breach of this Franchise Agreement, it shall file a 2 request with the Director for an administrative hearing on the allegation.
4 B. If the Director refers a matter to a hearing officer, or if the Franchisee should allege a breach of 5 the franchise by the County, County and Franchisee shall mutually agree on a hearing officer within 6 twenty (20) days. County and the Franchisee may, but are not required to, choose a hearing officer from 7 among retired California Superior Court judges or Appellate Court justices, none of whom are related to 8 the parties, and such retired judges or justices may be affiliated with private judicial service companies, 9 such as Judicial Arbitration and Mediation Services.
11 C. The hearing shall be conducted according to the provisions of California Government Code 12 Section 11500, et seq. The exclusive venue shall be in Riverside County, California. A hearing officer to 13 whom a matter is referred shall have the authority to (i) order the County or the Franchisee to undertake 14 remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess 15 damages and/or levy a penalty upon the County or Franchisee consistent with the terms of this Agreement 16 including terminate the Agreement; or (iii) find there has been no breach. The amount of the penalty shall 17 be reasonably related to the seriousness of the breach of the Agreement.
19 D. The party losing the hearing shall be liable for the hearing officer's fees.
21 E. Any failure of the Franchisee or County to comply with the hearing officer's order shall be 22 deemed a material breach of the Agreement, and may be grounds for termination of the Agreement.
24 F. Any party to the hearing may issue a request to compel reasonable document production from the 25 other party. Disputes concerning the scope of document production and enforcement of document 26 requests shall be subject to Agreement by the parties, or if Agreement is not reached within twenty (20) 27 days of that document request, then by disposition by order of the hearing officer. Any such document 28 request shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing 29 officer shall adopt procedures to protect such rights.
31 ▇. ▇▇▇▇▇▇▇ party may communicate separately with the hearing officer after the hearing officer has 32 been selected. All subsequent communications betw...
ADMINISTRATIVE HEARING PROCEDURES. A. Upon the filing of a Notice of Appeal pursuant to Section 10.A., or if the Contractor should allege a breach of the Agreement by the City, the City Council may either set the matter for hearing or refer the matter to a hearing officer.
B. The hearing shall be conducted according to California Code of Civil Procedure Section 1280, et seq. The exclusive venue shall be in Riverside County, California. A hearing officer to whom a matter is referred shall have the authority to (i) order the City or Contractor to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages upon the City or the Contractor consistent with the terms of this Agreement; or (iii) find there has been no breach. If the hearing officer finds there has been no breach, such a decision precludes either party from terminating this Agreement and/or imposing liquidated damages. For any occurrence or series of related occurrences, the damages· awarded shall be reasonably related to the seriousness of the breach.
C. The party losing the hearing shall be liable for the hearing officer's fees.
D. The hearing officer shall commence the hearing within thirty (30) days of selection unless the parties otherwise agree in writing. Any party to the hearing may issue a request to compel reasonable document production from the other party. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties in writing, or if agreement is not reached within twenty (20) days of that document request, then by disposition by order of the hearing officer. Any such document request shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such rights. Except as may be otherwise specifically agreed by the parties, no other form of pretrial discovery shall be available to the parties; provided that if either party notifies the hearing officer that a material violation of the franchise or rights in connection therewithis claimed by either party, the provisions of Code of Civil Procedure Section 1283.05 shall apply.
E. Neither party may communicate separately with the hearing officer after the hearing officer has been selected. All subsequent communications between a party and a hearing officer shall be simultaneously delivered to the other party. This provision shall not apply to communications made to...
ADMINISTRATIVE HEARING PROCEDURES. Fire Department employees subject to disciplinary actions initiated by the Fire Chief/Appointing Authority shall have a right to an administrative appeal whereby the discipline is reviewed by the City Manager or designee. For each case, at the initiation of each disciplinary action appeal process, a determination will be made about whether the administrative appeal procedures of the Fire Chief/Appointing Authority disciplinary action for a firefighter are covered by the Firefighters Procedural ▇▇▇▇ of Rights Act. When required by law, the disciplinary action appeal proceeding will be conducted by an administrative law judge on the staff of the California Office of Administrative Hearings. In such cases, the administrative law judge shall have responsibility for the conduct of the administrative hearing process and the City Manager shall have responsibility for affirming, rescinding, or modifying the Fire Chief’s disciplinary action decision. The City Manager’s decision is final. There is no further administrative review by the City including the City Council.
ADMINISTRATIVE HEARING PROCEDURES