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:
(1) The Administrator's decision on appeal.
(2) The specific reasons for the decision.
(3) The specific provisions of the Agreement on which the decision is based. Notice of the Administrator's decision shall be given within 60 days of the Claimant's written request for review, unless additional time is required due to special circumstances. In no event shall the Administrator render a decision on an appeal later than 120 days after receiving a request for a review.
Appeals Procedure. If a claimant’s claim is denied, the claimant (or his or her authorized representative) may apply in writing to the Company for a review of the decision denying the claim. The claimant (or representative) then has the right to review pertinent documents and to submit issues and comments in writing. The Company will provide written notice of its decision on review within sixty (60) days after it receives a review request. If additional time (up to sixty (60) days) is needed to review the request, the claimant will be given written notice of the reason for the delay. Any claims for benefits under this Election brought in a court of law must be filed in such court before the earlier of ninety (90) days after any appeal pursuant to this Paragraph 8 or one (1) year from the date the claim arose.
Appeals Procedure. Any disputes arising under this Agreement with regard to any determination made by the Company or the Outside Committee Members under this Agreement, including but not limited to any dispute with regard to the denial of Severance Benefits to the Executive, may be appealed to the Outside Committee Members by the Executive. The Executive, or any authorized representative of the Executive, may upon written notice to the Outside Committee Members within sixty (60) days after any such determination or denial request a review by the Outside Committee Members of any such determination or denial. Such review may be made by written briefs submitted by the Executive and the Outside Committee Members or at a hearing, or by both, as shall be deemed necessary by the Outside Committee Members. Any hearing shall be held in the Corporate Headquarters of the Company, unless the Outside Committee Members shall specify otherwise. The date and time of any such hearing shall be designated by the Outside Committee Members upon not less than seven (7) days’ notice to the Executive unless the Executive accepts shorter notice. The Outside Committee Members shall make every effort to schedule the hearing on a day and at a time which is convenient to the Executive. The Outside Committee Members may, in their sole discretion, establish such rules of procedure as it may deem necessary or advisable for the conduct of any such review or of any such hearing. After the review has been completed, the Outside Committee Members shall render a decision in writing, a copy of which shall be sent to the Executive. In rendering their decision, the Outside Committee Members shall have full power and discretion to interpret this Agreement, to resolve ambiguities, inconsistencies and omissions, to determine any question of fact, to determine the right to Severance Benefits, and the amount of Severance Benefits, if any, payable to, the Executive in accordance with the provisions of this Agreement. Such decision shall set forth the specific reason or reasons for the decision and the specific provisions of this Agreement upon which the decision is based. There shall be no further appeal from a decision rendered by a quorum of the Outside Committee Members. Any determination made by the Outside Committee Members as a result of an appeal shall be final and binding in all respects upon the Company, the Parent Company and the Executive.
Appeals Procedure. Upon adoption of any UNION internal appeal procedure concerning fair share fees, the UNION shall supply the BOARD with a copy of such procedure. In addition, the UNION shall advise the BOARD of subsequent changes therein.
Appeals Procedure. Appeals for changes in the assigned percentage for a given position in Schedules D, E, and G can be made by the Licensed Staff Member in the position presenting his/her case for change to the immediate supervisor of that activity. If they agree on the proposed change in percentage, the proposed change will be recommended to the Superintendent before July 1st. The Superintendent shall make a final determination. All approved changes will become effective the school year after they are approved.
Appeals Procedure. The Master Teacher Committee appeals procedure is not subject to the grievance/arbitration procedure outlined in the collective bargaining agreement.
Appeals Procedure. (i) In the case of a decision taken by a member of Accommodation Services the Student has the right to appeal to Accommodation Services’ Operations Manager and, in the case of a decision taken by the Operations Manager, to the Assistant Director of Estates & Facilities.
(ii) If the Student wishes to appeal, the Student must appeal in writing to the appropriate member of staff stated at section 6(i) above within fourteen days after the date on which the decision was communicated to the Student. The Student shall state the grounds for the appeal in reasonable detail.
(iii) The member of staff stated at section 6(i) above when determining the appeal is empowered to reduce, suspend or annul the penalties imposed in the original decision if deemed appropriate. Their decision will be final.
Appeals Procedure.
A. An applicant for a preliminary or Final Plat or an applicant seeking approval for any other permit or zoning for which an exaction requirement is imposed shall file a written appeal with the City Secretary within 10 days of the date the City official responsible for issuing the permit takes action applying the exaction requirement. This may include denial of the permit or plat. The applicant shall submit 15 copies of the appeal.
B. A separate appeal form shall be submitted for each exaction requirement for which relief is sought. The City Secretary shall forward the appeal to the City Council for consideration.
C. The applicant may request postponement of consideration of the applicant’s plat application by the City Council pending preparation of the study required by subsection (6) , in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the City Council to decide the appeal.
D. No developer’s agreement may be executed by the City until the time for appeal has expired or, if an appeal is filed, until the City Council has made a determination with respect to the appeal.
E. The appeal shall state the reasons that application of the exaction requirement is not roughly proportional to the nature and extent of the impact created by the proposed subdivision or development on the City’s public facilities systems and does not reasonably benefit the proposed subdivision or development.
F. The appellant shall submit to the City Engineer 15 copies of a study in support of the appeal that includes, with respect to each specific exaction requirement appealed, the following information within 30 days of the date of appeal, unless a longer time is requested:
1. total capacity of the City’s water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivision. If the proposed subdivision is to be developed in phases, such information also shall be provided for the entire development, including any phases already developed;
2. total capacity to be supplied to the City’s public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity supplied by prior exaction requirements imposed ...
Appeals Procedure. 13.1. If You do not agree with a decision We make when exercising Our rights under the Disciplinary Policy, You may appeal that decision in accordance with the Appeal and Right of Appeal sections of Our Disciplinary Policy.
13.2. If You do not agree with any other decision We make when exercising Our rights under this Agreement or Our Policies, You may appeal that decision by writing to the Associate Director of Xxxx’x Residences using email address xxxxxxxxxxxxxxx@xxx.xx.xx, within 5 days of You being notified of the decision. The Associate Director of King’s Residences will consider Your appeal and decide whether to uphold or amend the decision. The Associate Director of Xxxx’x Residences will write to You, within 10 working days of receipt of Your appeal letter, notifying You of the decision. Any decision made by the Associate Director will be final.
Appeals Procedure. A non-probationary full-service staff member (one who has achieved Continuity of Employment under the provisions of Article 10 of this Agreement) who is advised of a recommendation that he/she is to be terminated under the provisions of Section 11.2 may file a grievance at Step 2 under the provisions of Article 9 and proceed to binding arbitration.
