Appeal to the Hearing Examiner Sample Clauses

Appeal to the Hearing Examiner. The letter stating the City Manager’s decision issued to a Fire Fighter must state that an appeal to the decision to uphold an indefinite suspension, a suspension, a promotional passover, or a recommended demotion, may be made to an independent third party hearing examiner. The letter must also state that if the Fire Fighter elects to appeal to a hearing examiner, the person waivers all rights to appeal to a district court except as provided by this section. To exercise an appeal to a hearing examiner, the appealing Fire Fighter must submit a written request within thirty (30) days from the date of the letter from the City Manager. The hearing examiner’s decision is final and binding on all parties. If the Fire Fighter decides to appeal an independent third party hearing examiner, the person automatically waives all rights to appeal to a district court except as provided by this section. If the appealing Fire Fighter chooses to appeal to a hearing examiner, the Fire Fighter and the Fire Chief or their respective designees shall first attempt to agree on the selection of a hearing examiner on or within ten (10) days after the date the appeal is filed, the City Manager shall immediately request a list of seven (7) qualified neutral arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service, or their successor in function. The fire fighter and the Fire Chief, or their respective designees, may agree on one of the seven (7) neutral arbitrators on the list. If they do not agree within five (5) working days after the date they received the list, each party or the party’s designee shall alternately strike a name from the list and the name remaining is the hearing examiner. The parties or their designees shall agree on the date for the hearing. The appeal hearing shall begin as soon as the hearing examiner can be scheduled. If the hearing examiner cannot begin the hearing within forty-five (45) calendar days after the date of selection, the Fire Fighter may, within two (2) days after learning of that fact, call for the new selection of a new hearing examiner using the procedure prescribed in the preceding paragraph. In each hearing conducted under this section, the hearing examiner has the right to issue subpoenas. In the hearing conducted under this section, the Fire Chief is restricted to his original written statement and charges, which may not be amended. The Hearing Examiner may not consider evidence that was not p...
AutoNDA by SimpleDocs

Related to Appeal to the Hearing Examiner

  • Hearing Decision The decision of the Board shall be in writing and shall contain findings of fact and the personnel action approved, if any. The findings may reiterate the language of the pleadings or simply refer to them. The decision of the Board shall be certified to the Superintendent or designee who recommended the personnel action, and he/she shall enforce and follow this decision. A copy of the decision shall be delivered to the appellant or his/her designated representative personally or by registered mail. The decision of the Board shall be final.

  • Appeal to Arbitration An appeal to arbitration may be made only by the UAW and only after the timely exhaustion of the Grievance Procedure. The written appeal to arbitration must be received by the campus labor relations office within 45 calendar days of the date of issuance of the final University decision to the UAW. The written appeal must be signed by an authorized representative of the UAW and must include:

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • APPEAL ACTIONS Appeal of TMA actions under this agreement, to the extent they are allowable, will be pursuant to 32 CFR 199.10.

  • Appeals Procedure If Employee appeals to the Administrator, Employee or his authorized representative may submit in writing whatever issues and comments he believes to be pertinent. The Administrator shall reexamine all facts related to the appeal and make a final determination of whether the denial of benefits is justified under the circumstances. The Administrator shall advise Employee in writing of:

  • Reconsideration If We did not attempt to consult with Your Provider who recommended the Covered Service before making an adverse determination, the Provider may request reconsideration by the same clinical peer reviewer who made the adverse determination or a designated clinical peer reviewer if the original clinical peer reviewer is unavailable. For Preauthorization and concurrent reviews, the reconsideration will take place within one (1) business day of the request for reconsideration. If the adverse determination is upheld, a notice of adverse determination will be given to You and Your Provider, by telephone and in writing.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this LGIA and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator(s) must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Interconnection Facilities, or Network Upgrades.

  • Administrative Appeals An administrative appeal is a request for us to reconsider a full or partial denial of payment for covered healthcare services for the following reasons: • the services were excluded from coverage; • we determined that you were not eligible for coverage; • you or your provider did not follow BCBSRI’s requirements; or • a limitation on an otherwise covered benefit exists. You are not required to file a complaint (as described above), before filing an administrative appeal. If you call our Customer Service Department, a Customer Service Representative will try to resolve your concern. If the issue is not resolved to your satisfaction, you may file a verbal or written administrative appeal with our Grievance and Appeals Unit. If you request an administrative appeal, you must do so within one hundred eighty (180) days of receiving a denial of payment for covered healthcare services. The Grievance and Appeals Unit will conduct a thorough review of your administrative appeal and respond within: • thirty (30) calendar days for a prospective review; and • sixty (60) calendar days for a retrospective review. The letter will provide you with information regarding our determination.

  • Reconsiderations and Appeals If you experience a problem relating to an authorization review, benefit denial, or other aspect of this plan, we have internal and external procedures to help you resolve your issue. The following sections detail the processes and procedures for filing: • Administrative Appeals; • Medical Reconsiderations and Appeals (including expedited appeals); • Prescription Drug Appeals: and

  • 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.

Time is Money Join Law Insider Premium to draft better contracts faster.