Adversarial Hearings Sample Clauses

Adversarial Hearings. Recognizing that circumstances will arise in which a participant is alleged to have violated a term of supervision and the participant believes that he/she is innocent of the allegations, the parties agree that a request for an adversarial hearing on the guilt/innocence question will not automatically result in termination from C.A.R.E. Such hearings are, however, to be limited to the question of guilt/innocence in the “I didn’t do it” sense, rather than an opportunity to offer an explanation for admitted conduct. Participants who successfully complete C.A.R.E. earn a one year reduction in their term of supervision. This one year is vested at the time the participant completes C.A.R.E. Those participants who may have well over one year left on their supervision, must still comply with all terms of supervision. If the participant is revoked from supervision for other reasons, he/she will be subject to revocation and incarceration, but any term of supervision imposed following the term of incarceration will be reduced by one year. The participant’s eligibility to receive a one-year reduction in supervision will not preclude additional considerations for reduction in the supervision based on the factors set forth in Title 18 U.S.C. §3564(c) and Title 18 U.S.C. §3583(e)(1). The C.A.R.E. Graduation will take place at the participant’s final, regularly scheduled court appearance. Family members, sponsors, and friends of C.A.R.E. participants, are invited to attend the Graduation. The Court will present graduates with a Certificate of Completion, and other articles of recognition as determined by the Treatment Services Unit and Program Team.
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Adversarial Hearings. Recognizing that circumstances may arise in which a Participant is alleged to have violated a term of PGP Diversion and/or the CASA program rules and the Participant believes that he or she is innocent in fact of the alleged conduct constituting the violation, the parties agree that a request for an adversarial hearing on whether the Participant in fact committed the alleged conduct will not automatically result in termination from the CASA program. Such adversarial hearings are, however, to be conducted only to determine the question of whether the Participant in fact committed the alleged conduct, and not as an opportunity for the Participant to offer a proffered explanation for admitted or undisputed conduct. Such adversarial hearings shall be conducted with a court reporter present.
Sample 1
Adversarial Hearings. Except as provided in the participant’s GLACIER contract, recognizing that circumstances may arise in which a participant is alleged to have violated a term of the GLACIER program rules and the participant believes that he or she did not engage in the alleged conduct constituting the violation, the parties agree that a request for an adversarial hearing on whether the participant in fact committed the alleged conduct will not automatically result in termination from the GLACIER program.
Sample 1
Adversarial Hearings. Recognizing that circumstances may arise in which a Participant is alleged to have violated a term of supervision and/or the PACS program rules and the Participant believes that he or she is innocent in fact of the alleged conduct constituting the violation, the parties agree that a request for an adversarial hearing on whether the Participant in fact committed the alleged conduct will not automatically result in termination from the PACS program. Such adversarial hearings are, however, to be conducted only to determine the question of whether the Participant in fact committed the alleged conduct, and not as an opportunity for the Participant to offer a proffered explanation for admitted or undisputed conduct.
Sample 1

Related to Adversarial Hearings

  • Hearings The Hearing Officer shall hold hearings on a quarterly basis unless there are no appeals to hear or the parties agree to pend any open appeals. All materials considered in the position review shall be submitted to the Hearing Officer prior to the hearing and neither party will submit evidence at the hearing that was not submitted during the position review. The Hearing Officer shall endeavor to hold multiple hearings each day, and shall issue a concise decision which shall be final and binding. The Hearing Officer shall have no authority to alter the terms and conditions of this contract. Employees may be represented at the hearing and will be released from work with no loss of pay to attend the hearing. The Hearing Officer's fees and expenses shall be shared equally by the parties.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • Litigation There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

  • Pending Litigation Financial position and prospective long-term profitability of the Single Tenderer, and in the case the Tenderer is a JV, of each member of the JV, shall remain sound according to criteria established with respect to Financial Capability under paragraph I (i) above assuming that all pending litigation will be resolved against the Tenderer. Tenderer shall provide information on pending litigations as per Form CON-2.

  • Lawsuits There is no lawsuit, tax claim or other dispute pending or threatened against the Borrower which, if lost, would impair the Borrower's financial condition or ability to repay the loan, except as have been disclosed in writing to the Bank.

  • Hearing The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing denovo.

  • Litigation; Proceedings Except as specifically disclosed in Schedule 3.1(g), there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) relates to or challenges the legality, validity or enforceability of any of the Transaction Documents, the Shares or the Underlying Shares, (ii) could, individually or in the aggregate, have a Material Adverse Effect or (iii) could, individually or in the aggregate, materially impair the ability of the Company to perform fully on a timely basis its obligations under the Transaction Documents.

  • Legal Actions A Receiver may bring, prosecute, enforce, defend and abandon any action, suit or proceedings in relation to any Security Asset which he thinks fit.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

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