Appeal to the Board of Directors. Either party may appeal the decision of the hearing officer to the Board of Directors of METRO within ten (10) working days following receipt of the decision of the hearing officer, solely on the condition that the party appealing can substantiate that the decision of the hearing officer is inconsistent with State or Federal law or METRO regulations in effect at the time of the occurrence on which the disciplinary action is based. In the event of appeal of the finding of fact and recommended decision of the hearing officer, the appeal shall be forwarded to the Board of Directors at the next regularly scheduled Board of Directors meeting provided that the appealing party shall have notified the other party no later than ten (10) working days prior to the meeting. A final decision on the disciplinary action shall be prepared by the Board of Directors within ten (10) working days of the date of Board action on the appeal and mailed to the appellant and the Union. Final action by the Board of Directors shall be taken no later than sixty (60) calendar days following receipt of this appeal, with notification to the parties within ten (10) working days of the Board‟s decision.
Appeal to the Board of Directors. If a complainant disagrees with the superintendent’s or designee’s written decision, the complainant may appeal the decision to the district board of directors by filing a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the complainant received the response. The board shall schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause. Both parties shall be allowed to present such witnesses and testimony as the board deems relevant and material. Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision. The decision of the board will be provided in a language the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the superintendent of public instruction. Level Three - Complaint to the Superintendent of Public Instruction If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the superintendent of public instruction.
Appeal to the Board of Directors. 301 If the grievant is not satisfied with the disposition of his or her grievance at Step Two, or if the 302 Superintendent or designee has not provided a written decision within the timelines prescribed in Step 303 Two, the grievant, or at his or her request or at the request of the Association acting on his or her behalf, 304 may ask for a meeting with the Board. 305 If a request for a meeting with the Board is not delivered to the Superintendent within 30 days after the 306 meeting prescribed in Step Two, the grievance will be deemed withdrawn. 307 The Board will meet with the grievant, Association representatives, and Superintendent within 15 days 308 after the Superintendent receives the request for the meeting. Within 15 days after the meeting, the 309 Board will render a written decision on the grievance.
Appeal to the Board of Directors. A Director may not review any matter in which his/her impartiality might reasonably be questioned, or review any matter which presents an actual, apparent, or potential conflict of interest. The facility may request an appeal within thirty (30) calendar days after its receipt of the Hearing Committee’s decision. After this time, the facility may not request an appeal. All appeals must be submitted in writing and sent to ABRET by traceable mail or delivery service. The appeal must specify a valid basis for the appeal. If the President determines that the request is frivolous, then the appeal will not proceed. The Review Committee may file a written response to the appeal request. Written briefing may be submitted within thirty (30) days following receipt of the appeal request by the Board of Directors. The Board of Directors will render a decision based on the record below and written briefs (if any) without an oral hearing. Alternatively, the Board of Directors may choose to conduct a new in-depth review of all the facts and rules (a “de novo” review). Only facts and conditions up to and including the time of the Hearing Committee’s determination are considered during an appeal. In all reviews: In order to overturn a decision of the Hearing Committee, the facility must demonstrate that the Hearing Committee’s decision was inappropriate because of (a) material errors of fact, or (b) failure to conform to ABRET’s rules. Proof is by preponderance of the evidence. The Board of Directors may accept, reject, or modify the recommendation of the Hearing Committee, either with respect to the determination of a violation or the recommended sanction. The Board of Directors will issue a written decision following the review and any briefing. The decision will contain factual findings, conclusions regarding ABRET’s rules, and any sanctions applied. It will be mailed promptly to the facility by traceable delivery service, signature required. A decision rendered by the Board of Directors is final. Facilities submitting appeals and persons submitting complaints will be notified of the decision of the Board of Directors.
Appeal to the Board of Directors. A. A Director may not review any matter in which his/her impartiality might reasonably be questioned, or review any matter which presents an actual, apparent, or potential conflict of interest.
Appeal to the Board of Directors. Any applicant or existing customer required to pay for any costs not specifically set forth in the rate schedule pages of the Utility’s tariff shall be entitled to a written explanation of such costs prior to payment and/or commencement of construction. If the applicant or existing customer does not believe that these costs are reasonable or necessary, the applicant or existing customer shall have the right to appeal such costs to the Utility’s Board of Directors.
