Appeals Process. The Participants acknowledge that, pursuant to local ordinances, regulations, and rules, each Participant has its own procedures by which matters relating to the calculation, assessment, and collection of business license taxes may be appealed. With respect to Impositions subject to this Agreement, however, each Participant has enacted a local ordinance by which appeals relating to such Impositions are excluded from the otherwise applicable local ordinance. Each Participant agrees that the appeals process described in this Section shall apply to all appeals relating to Impositions subject to this Agreement. Each Participant hereby consents to the adoption of the appeals process described in this Section; specifically declares its intention that such appeals process shall be deemed an exception to its otherwise applicable local ordinances, regulations, and rules; and agrees that it has or will approve such appeals process by appropriate local action.
(a) There is hereby created a board for purposes of hearing appeals pursuant to this Section (the “Appeals Board”). The Appeals Board shall contain three members. The President of the Association, the Executive Director of the Association, and the President of the South Carolina Business Licensing Officials Association (“BLOA”) shall each serve ex officio as members of the Appeals Board, with terms of office coterminous with their terms as officers of the Association or BLOA, as appropriate. The President of the Association, or in his or her absence the Executive Director of the Association, shall serve as chair at meetings of the Appeals Board.
(b) With respect to the calculation, assessment, and collection of Impositions, the following appeals process, as required by Section 6-1-410, shall apply.
(1) If a taxpayer fails or refuses to pay an Imposition by the date on which such Imposition is due, the LRS Business License Official may serve notice of assessment of the Imposition due on the taxpayer by mail or personal service. Within thirty days after the date of postmark or personal service, a taxpayer may request, in writing with reasons stated, an adjustment of the assessment. An informal conference between the LRS Business License Official and the taxpayer must be held within fifteen days of the receipt of the request, at which time the taxpayer may present any information or documents in support of the requested adjustment. Within five days after the conference, the LRS Business License Official shall issu...
Appeals Process. A provider may be denied approval to offer the free entitlements or have their funding withdrawn as set out above. The provider can appeal against that decision.
Appeals Process. A. The Contractor’s appeal process shall, at a minimum:
1) Allow a beneficiary, or a provider or authorized representative acting on the beneficiary’s behalf, to file an appeal orally or in writing. (42 C.F.R. § 438.402(c)(3)(ii).) The beneficiary may file an appeal within 60 calendar days from the date on the adverse benefit determination notice (42 C.F.R. § 438.402(c)(2)(ii).);
2) Require a beneficiary who makes an oral appeal that is not an expedited appeal, to subsequently submit a written, signed appeal. (42 C.F.R. § 438.402(c)(3)(ii).) The Contractor shall ensure that oral inquiries seeking to appeal an adverse benefit determination are treated as appeals, and confirmed in writing unless the beneficiary or the provider requests expedited resolution. The date the Contractor receives the oral appeal shall be considered the filing date for the purpose of applying the appeal timeframes (42 C.F.R. § 438.406(b)(3).);
3) Resolve each appeal and provide notice, as expeditiously as the beneficiary’s health condition requires, within 30 calendar days from the day the Contractor receives the appeal. (42 C.F.R. § 438.408(a); 42 C.F.R. § 438.408(b)(2).) The Contractor may extend the timeframe for processing an appeal by up to 14 calendar days, if the beneficiary requests an extension or the Contractor determines that there is a need for additional information and that the delay is in the beneficiary's interest. (42 CFR 438.408(c)(1); 42 CFR 438.408(b)(2).) If the Contractor extends the timeframes, the Contractor shall, for any extension not requested by the beneficiary, make reasonable efforts to give the beneficiary prompt oral notice of the delay and notify the beneficiary of the extension and the reasons for the extension in writing within 2 calendar days of the decision to extend the timeframe. Contractor’s written notice of extension shall inform the beneficiary of the right to file a grievance if he or she disagrees with the Contractor’s decision. Contractor shall resolve the appeal as expeditiously as the beneficiary's health condition requires and no later than the date the extension expires (42 C.F.R. § 438.408(c)(2)(i)-(iii).) The written notice of the extension is not a Notice of Adverse Benefit Determination. (Cal. Code Regs., tit. 9, §1810.230.5.);
4) Allow the beneficiary to have a reasonable opportunity to present evidence and testimony and make arguments of fact or law, in person and in writing (42 C.F.R. § 438.406(b)(4).);
5) Provide the benefici...
Appeals Process. The Appeals Committee will review the written appeal, using the Criteria for Appeals listed herein, and determine if an appeal will be accepted or denied. The incumbent to the position and the manager will be notified in writing of this decision no later than five (5) working days following the Committee decision.
Appeals Process a. If the teacher thinks the appraisal is unfair, inaccurate, or incomplete, the teacher shall attempt to resolve the matter with the administrator who made the appraisal. If the matter is not resolved, the teacher shall have the right to appeal the matter to the Executive Director of Personnel Services of. The teacher is afforded all the protections of K.S.A. 72-2411.
Appeals Process. Notwithstanding the provisions of the Grievance Section of this MOU, appeals of employees of applications of the procedures of the Career Opportunities Program shall go directly to the Human Resources Director and if not satisfactorily resolved then to the Civil Service Commission. Procedures that are appealable under this section have been mutually agreed to by the Career Opportunities Program Joint Labor/Management Committee.
Appeals Process. If after going through the issue resolution process described above, a mutually agreed upon solution has not been reached, the Stakeholder(s) will be responsible for bringing the issue to the Service Area LMP council or designees for review and resolution no later than its next regularly scheduled meeting. Issues resolved by the Service Area LMP council will be communicated back to the Stakeholder(s). Such communication will be in writing and will include the date and location of the meeting, attendees, statement of the issue, and a summary of the resolution including the rationale for the decision. If the consensus is not reached by the Service Area LMP council, the issue will be referred to the SCAL Regional LMP council for review and resolution. The SCAL Regional LMP council will determine if stakeholder(s) need be present, during such review, to provide clarification and any support data necessary to reach a decision. If consensus is reached, a written communication will be forwarded to the originating LMP council and will include the date and location of the meeting, attendees, statement of the issue, and a summary of the resolution including the rationale for the decision. At any time a union stakeholder may choose to discontinue their participation in the issue resolution process and enter the grievance process. The parties by mutual agreement will determine the appropriate step to enter the established grievance procedure and time limits for grievance purposes will commence upon exiting the issue resolution process. It is strongly recommended that grievance mediation be used prior to arbitration. At no time during this process may a management stakeholder opt out of the process.
Appeals Process. There is a provider appellate process for instances where MCO chooses to reduce, suspend or terminate a practitioner's privileges with the organization.
Appeals Process. 1. Educators up for renewal will be provided with a copy of the approval guidelines/criteria prior to development and submission of their IPDP for review. If the IPDP or course on an IPDP is rejected, the LPDC will communicate to the educator the reasons for the rejection. In the event the LPDC does not approve an individual professional development plan (IPDP) or course (only after IDPD has been approved), the licensed employee may resubmit a proposal which has been refined or revised in areas specified by the LPDC within 14 calendar days after receipt of the LPDC decision. If the educator has any questions or concerns, they are encouraged to contact their building LPDC representative.
Appeals Process. Upon receipt of the final notice, if City notifies County that it wishes to engage in the Appeals Process, City and County shall engage in non-binding discussions to give the City an opportunity to present reasons why it believes that there was no underexpenditure, overexpenditure or misexpenditure, or that the amount of the underexpenditure, overexpenditure or misexpenditure was different than the amount identified by County, and to give County the opportunity to reconsider its notice. City and County may negotiate an appropriate apportionment of responsibility for the repayment of an underexpenditure, overexpenditure or misexpenditure. At City request, County will meet and negotiate with City in good faith concerning appropriate apportionment of responsibility for repayment of an underexpenditure, overexpenditure or misexpenditure. In determining an appropriate apportionment of responsibility, City and County may consider any relevant factors. An example of a relevant factor is the extent to which either party contributed to an interpretation of a statute, regulation or rule prior to the expenditure that was officially reinterpreted after the expenditure. If County and City reach agreement on the amount owed to County, City shall promptly repay that amount to County by issuing payment to County. If County and City are unable to agree to whether there has been an underexpenditure, overexpenditure or misexpenditure or as to the amount owed, the parties may agree to consider further appropriate dispute resolution processes, including mediation and arbitration.
