Common use of Administrative Inquiry Clause in Contracts

Administrative Inquiry. 2-4.01 The institution may conduct an administrative inquiry, in particular, when it considers that the health, safety, bodily integrity or welfare of one or more users may be compromised. 2-4.02 As soon as the inquiry is launched, the resource must be sent a written notice informing it: - of the detailed reasons for the inquiry; - of its right to be heard and to make the appropriate representations accompanied, if it so wishes, by one or two representatives of the association. Concurrently, a notice of the administrative inquiry must be sent to the association via email. Such a notice must not include the detailed reasons for the inquiry. The convening of a meeting with the representatives of the institution must, for accompaniment and preparation purposes, take into account the availability of the association’s representatives or of the CSD permanent official mandated by the association, and do so in a context of diligence as provided for in clause 2-4.04. 2-4.03 The resource must have the opportunity, during the course of the inquiry, to be heard during a meeting with the institution and to make the appropriate representations, accompanied, if it so desires, by one or two representatives of the association. The institution also undertakes to set out in writing, for the resource, any new reason invoked as it is raised during the course of the inquiry. The resource may also make the appropriate representations in writing, within 7 days after the meeting with the institution. The institution’s decision may not be rendered before the expiry of that period. The institution must, before making a decision regarding one of the situations described in clause 4c) of Letter of Understanding B, send a 10-day notice to the resource and the association, so that they may send the institution any relevant observations. Such a notice must be sent within the 30- day time period mentioned in clause 2-4.04 and failure to do so shall constitute grounds causing the time limit to be exceeded. 2-4.04 The inquiry must be conducted with diligence, integrity and respect, and usually within 30 days from the time the resource is informed that an inquiry is to be held, unless there are extraordinary circumstances. In such cases, the institution informs the resource in writing of the grounds causing the time limit to be exceeded as well as of the additional period required to complete the inquiry, and informs the association of the same. In all circumstances, the association and the institution may agree on other time limits. 2-4.05 During the inquiry, the institution may remove one or more users from the resource, with or without remuneration, depending on what the institution deems appropriate under the circumstances. However, the resource shall continue to receive the daily allowance for the fixed costs of reasonable operating expenses for the overall number of recognized places, as provided for in clause 3-7.02. The institution cannot require the reimbursement of such fixed costs. 2-4.06 When a user is removed, the reasons of the removal are communicated to the resource in writing, with a copy to the association. The receipt or the signature of the written document by the resource, where applicable, confirms that the resource is cognizant of the document and does not in any manner constitute an admission or acknowledgment on behalf of the resource. 2-4.07 If, following the administrative inquiry, the institution finds that the fears giving rise to the inquiry were unfounded, it must, within the matching and pairing process aimed at entrusting new users to the resource, treat the resource on the same basis as any other resource, as if the administrative inquiry had not taken place. If users were removed, the resource must be remunerated as if the removal of the user or users had not taken place, for the period during which the users were removed. After the administrative inquiry is concluded, the resource continues its provision of services and its unoccupied places are to be considered available from the date of the institution’s decision. If a transferred user’s placement back within the resource is possible and indicated, according to the institution’s evaluation, the placement may be carried out. 2-4.08 The institution communicates the final findings, with reasons, of the inquiry to the resource and the association. If the institution concludes that the grounds giving rise to the administrative inquiry are unfounded, it drafts a document to attest to that fact. Such a document must be sent to the resource and to its association, and added to the resource’s file. The unfounded grounds may not be later invoked against the resource, unless there are new facts in relation to the administrative inquiry.

Administrative Inquiry. 2-4.01 The institution may conduct an administrative inquiry, in particular, when it considers that the health, safety, bodily integrity or welfare of one or more users may be compromised. 2-4.02 As soon as the inquiry is launched, the resource must be sent a written notice informing it: it - of the detailed reasons reasons, in detail, for the inquiry; and - of its right to be heard and to make the appropriate representations accompanied, if it so wishes, by one or two representatives a representative of the association. Concurrently, a A notice of the administrative inquiry must be sent to the association via emailassociation. Such a notice must not include the detailed reasons for the inquiry. The convening of a meeting with the representatives of the institution must, for accompaniment and preparation purposes, take into account the availability of the association’s representatives or of the CSD permanent official offical mandated by the association, and do so in a context of diligence as provided for in clause 2-4.04. 2-4.03 The resource must have the opportunity, opportunity during the course of the inquiry, to be heard during a meeting with the institution and to make the appropriate representations, accompanied, if it so desires, by one or two representatives of the association. The institution also undertakes to set out in writing, for the resource, any new reason invoked as it is raised during the course of the inquiry. The resource may also make the appropriate representations in writing, within 7 days after the meeting with the institution. The institution’s decision may not be rendered before the expiry of that periodtime. The institution must, before making a decision regarding one of the situations described in clause 4c) of Letter of Understanding Bunderstanding No. II, send a 10-day notice to the resource and the association, so that they may send the institution any relevant observations. Such a notice must be sent within the 30- 30-day time period mentioned in clause 2-4.04 and failure to do so shall constitute grounds causing the time limit to be exceeded. 2-4.04 The inquiry must be conducted with diligence, integrity and respect, and usually within 30 days from the time the resource is informed that an inquiry is to be held, unless there are extraordinary circumstances. In such cases, the institution informs the resource in writing of the grounds causing the time limit to be exceeded as well as of the additional period required to complete the inquiryexceeded, and informs the association of the same. In all circumstances, the association and the institution may agree on other time limits. 2-4.05 During the inquiry, the institution may remove one or more users from the resource, with or without remuneration, depending on what the institution deems appropriate under the circumstances. However, the resource shall continue to receive the daily allowance for the fixed costs of reasonable operating expenses for the overall number of recognized places, as provided for in clause 3-7.02. The institution cannot require the reimbursement of such fixed costs. 2-4.06 When a user is removed, the reasons of the removal are communicated to the resource in writing, with a copy to the association. The receipt or the signature of the written document by the resource, where applicable, confirms that the resource is cognizant of the document and does not in any manner constitute an admission or acknowledgment on behalf of the resource. 2-4.07 If, following the administrative inquiry, the institution finds that the fears giving rise to the inquiry were unfounded, it must, within the matching and pairing process aimed at entrusting new users to the resource, treat the resource on the same basis as any other resource, as if the administrative inquiry had not taken place. If users were removed, the resource must be remunerated as if the removal of the user or users had not taken place, for the period during which the users were removed. After the administrative inquiry is concluded, the resource continues its provision of services and its unoccupied places are to be considered available from the date of the institution’s decision. If a transferred user’s placement back within the resource is possible and indicated, indicated according to the institution’s evaluation, the placement may be carried out. 2-4.08 The institution communicates the final findings, with reasons, of the inquiry to the resource and the association. If the institution concludes that the grounds giving rise to the administrative inquiry are unfounded, it drafts a document to attest to that fact. Such a document must be sent to the resource and to its association, and added to the resource’s file. The unfounded grounds may not be later invoked against the resource, resource unless there are new facts in relation to the administrative inquiry.

Administrative Inquiry. 2-4.01 The institution may conduct an administrative inquiry, in particular, when it considers that the health, safety, bodily integrity or welfare of one or more users may be compromised. 2-4.02 As soon as the inquiry is launched, the resource must be sent a written notice informing it: it - of the detailed reasons reasons, in detail, for the inquiry; and - of its right to be heard and to make the appropriate representations accompanied, if it so wishes, by one or two representatives a representative of the association. Concurrently, a A notice of the administrative inquiry must be sent to the association via emailassociation. Such a notice must not include the detailed reasons for the inquiry. The convening of a meeting with the representatives of the institution must, for accompaniment and preparation purposes, take into account the availability of the association’s representatives or of the CSD permanent official mandated by the association, and do so in a context of diligence as provided for in clause 2-4.04. 2-4.03 The resource must have the opportunity, opportunity during the course of the inquiry, to be heard during a meeting with the institution and to make the appropriate representations, accompanied, if it so desires, by one or two representatives of the association. The institution also undertakes to set out in writing, for the resource, any new reason invoked as it is raised during the course of the inquiry. The resource may also make the appropriate representations in writing, within 7 days after the meeting with the institution. The institution’s decision may not be rendered before the expiry of that periodtime. The institution must, before making a decision regarding one of the situations described in clause 4c) of Letter of Understanding Bunderstanding No. II, send a 10-day notice to the resource and the association, so that they may send the institution any relevant observations. Such a notice must be sent within the 30- 30-day time period mentioned in clause 2-4.04 and failure to do so shall constitute grounds causing the time limit to be exceeded. 2-4.04 The inquiry must be conducted with diligence, integrity and respect, and usually within 30 days from the time the resource is informed that an inquiry is to be held, unless there are extraordinary circumstances. In such cases, the institution informs the resource in writing of the grounds causing the time limit to be exceeded as well as of the additional period required to complete the inquiryexceeded, and informs the association of the same. In all circumstances, the association and the institution may agree on other time limits. 2-4.05 During the inquiry, the institution may remove one or more users from the resource, with or without remuneration, depending on what the institution deems appropriate under the circumstances. However, the resource shall continue to receive the daily allowance for the fixed costs of reasonable operating expenses for the overall number of recognized places, as provided for in clause 3-7.02. The institution cannot require the reimbursement of such fixed costs. 2-4.06 When a user is removed, the reasons of the removal are communicated to the resource in writing, with a copy to the association. The receipt or the signature of the written document by the resource, where applicable, confirms that the resource is cognizant of the document and does not in any manner constitute an admission or acknowledgment on behalf of the resource. 2-4.07 If, following the administrative inquiry, the institution finds that the fears giving rise to the inquiry were unfounded, it must, within the matching and pairing process aimed at entrusting new users to the resource, treat the resource on the same basis as any other resource, as if the administrative inquiry had not taken place. If users were removed, the resource must be remunerated as if the removal of the user or users had not taken place, for the period during which the users were removed. After the administrative inquiry is concluded, the resource continues its provision of services and its unoccupied places are to be considered available from the date of the institution’s decision. If a transferred user’s placement back within the resource is possible and indicated, indicated according to the institution’s evaluation, the placement may be carried out. 2-4.08 The institution communicates the final findings, with reasons, of the inquiry to the resource and the association. If the institution concludes that the grounds giving rise to the administrative inquiry are unfounded, it drafts a document to attest to that fact. Such a document must be sent to the resource and to its association, and added to the resource’s file. The unfounded grounds may not be later invoked against the resource, resource unless there are new facts in relation to the administrative inquiry.