Case Presentation and Burden of Proof Sample Clauses

Case Presentation and Burden of Proof. A. Order of Presentation: The Agency will make its presentation first in disciplinary and adverse action cases. In all other issues, the party invoking arbitration will make its presentation first in the hearing and that party has the burden to prove its case by a preponderance of the evidence. In bifurcated cases, the party requesting bifurcation will make its presentation first in the jurisdictional hearing. For disputes presented only via briefs, rather than at a hearing, the party invoking arbitration files first, with the other party responding within a time period set by the arbitrator.
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Case Presentation and Burden of Proof. A. The Agency will make its presentation first in disciplinary cases. In all other cases, the party invoking arbitration will make its presentation first. For disputes presented only via briefs, rather than at a hearing, the party invoking arbitration files first, with the other party responding within a time-period set by the arbitrator.
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Related to Case Presentation and Burden of Proof

  • Burden of Proof In all cases of discipline, the burden of proof of just cause shall rest with the Employer.

  • Reliance by the State on Representations All payments by the State under this Agreement will be made in reliance upon the accuracy of all representations made by the Party in accordance with this Agreement, including but not limited to bills, invoices, progress reports and other proofs of work.

  • Representation on Authority of Parties/Signatories Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

  • REPRESENTATION AND COMMITTEES (The following clauses will appear in all collective agreements replacing any provisions related to Representation and Committees (including Professional Responsibility) that existed in the Hospital's expiring collective agreement:)

  • Review by the Association of Procurement Decisions The Procurement Plan shall set forth those contracts which shall be subject to the Association’s Prior Review. All other contracts shall be subject to Post Review by the Association.

  • Priority of Agreements and Precedence In the event of a conflict between and among the terms and conditions of this DPA, including all Exhibits attached hereto and incorporated herein and the Service Agreement, the terms and conditions of this DPA shall govern and prevail, shall survive the termination of the Service Agreement in the manner set forth herein, and shall supersede all prior communications, representations, or agreements, oral or written, by the Parties relating thereto.

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