Challenge Procedure. XXXXX recognizes two distinct Challenges that may be submitted, as follows: Industry Representative vs Participant - An Industry Representative may be another manufacturer, an inspector, an installer, an employee or anybody who has knowledge of, and/or actively participates within, the play and playground industry. Public vs Participant - Public may be an end-user, purchaser, or any party not affiliated with the play and playground industry. Challenges can only be addressed if they are related to the Standard(s) or specific sections of Standard(s) to which the XXXXX program validates. In the event the performance and/or design of certified product(s), or program compliance of a Participant, is Challenged, the process below shall be followed . The confidentiality of each party shall be maintained throughout each process. The Participant’s product being Challenged shall remain on the XXXXX website while the Challenge is in process. Failure to respond within the timeframe noted below may result in a determination unfavorable to the non-responsive party. The following procedures must be followed to initiate a Challenge: The Challenger completes and submits the XXXXX Certification Challenge Form (form XXXXX 08s) to XXXXX. Submittal shall include supporting documentation outlining the detail of Challenge, applicable test data, and any other information relevant to the Challenge. If known, the documentation shall specify the section(s) of the particular standard(s) to which the product should comply.
1. Upon receipt of the Challenge Form, the Challenge Review Committee (XXXXX’x Executive Director, XXXXX’x legal counsel, and the currently-seated chair of the XXXXX Certification Committee) is notified via email and sent the Challenge Form and supporting documentation. If it is determined by the Executive Director and legal counsel that the chair of the Certification Committee has a conflict of interest with the Challenge, another member of the Committee will be asked to serve.
2. Within 30 business days of receiving the Challenge Form, the three individuals noted confer and make a determination (based upon a majority rule) to request more information from the Challenger and/or Participant, dismiss the Challenge, or proceed with the Challenge.
3. If the decision is made to proceed with the Challenge, the Participant is sent a copy of the Challenge Form and supporting documentation. Within 30 business days the Participant must provide XXXXX with their response to the...
Challenge Procedure. The PatentBook Administrator, Publisher or Subscriber may challenge the listing of any patent in the PatentBook or the Tier classification of a PatentBook Patent by recommending that it be removed from the PatentBook or reclassified into a lower Tier (such patent being referred to herein as the "Challenged Patent"). Similarly, a Publisher may challenge the Tier assignment of Publisher's Patent and recommend it be moved into a higher Tier.
Challenge Procedure. OCEA certifies to the County that it has adopted, implemented and will maintain constitutionally acceptable procedures to enable nonmember service fee payers to meaningfully challenge the propriety of the use of service fees. Those procedures shall be in accordance with the decision of the United States Supreme Court in Chicago Teachers Union, Local No. 1, AFT, AFL-CIO, et al. x. Xxxxxx, 106 S. Ct. 1066 (1986) and applicable California law.
Challenge Procedure. OCAA certifies to the County that it has adopted, implemented and will maintain constitutionally acceptable procedures to enable nonmember service fee payers to meaningfully challenge the propriety of the use of service fees. Those procedures shall be in accordance with applicable California law. In accordance with state laws and regulations, all non-members were informed of their specific right to challenge the agency fee for services following the first 60 days of the implementation of the agency shop provisions.
Challenge Procedure. 1. In the event of a complaint by a supplier that there has been a breach of measures implementing the obligations of this Chapter in the context of a covered procurement, each Party shall encourage the supplier to seek resolution of its complaint in consultation with the procuring entity. In such instances the procuring entity shall accord impartial and timely consideration to any such complaint, in a manner that is not prejudicial to obtaining corrective measures under the challenge system.
2. Each Party shall maintain at least one impartial administrative or judicial authority that is independent of its procuring entities to receive and review, in a non-discriminatory, timely, transparent and effective manner, complaints that suppliers submit, in accordance with the Party’s laws, regulations and procedures, relating to a covered procurement.
3. Each Party shall make information on complaint mechanisms generally available.
Challenge Procedure. The parties agree to work together with the Auditor in good faith to resolve any disputes arising out of or relating to the numbers verified and the results reported in an Auditor’s report in a timely, professional and non-adversarial manner. If the parties and the Auditor cannot so resolve a dispute, then disputes shall be resolved under the dispute resolution provisions of Article XVI of this Agreement.
Challenge Procedure. (1) The parties are free to agree on a procedure for challenging an arbitrator. Provided, this shall not apply to the provisions of paragraph (4).
(2) Failing an agreement as provided for in the proceeding paragraph, upon request of a party, the arbitral tribunal shall decide on the challenge.
(3) A party who intends to make a request as provided for in the preceding paragraph shall, within fifteen days of the later of either the day on which it became aware of the constitution of the arbitral tribunal or the day on which it became aware of any circumstance referred to in any item of paragraph (1) of the preceding article, send a written request describing the reasons for the challenge to the arbitral tribunal. In such case, the arbitral tribunal shall decide that grounds for challenge exist when it finds that grounds for challenge exist with respect to the arbitrator.
(4) If a challenge of the arbitrator under the procedure for challenge prescribed in the preceding three paragraphs is not successful, the challenging party may request within thirty days after having received notice of the decision rejecting the challenge, the court to decide on the challenge. In such case, the court shall decide that grounds for challenge exist when it finds that grounds for challenge exist with respect to the arbitrator.
(5) While a case relating to a challenge as prescribed in paragraph (4) is pending before the court, the arbitral tribunal may commence or continue the arbitral proceedings and make an arbitral award.
Challenge Procedure. 1. The challenging party shall give written notice of the reasons for challenge to the arbitrator concerned, the other party and, if the arbitral tribunal consists of multiple arbitrators, the co-arbitrators. The notice shall be given within four weeks after the day of receipt of the communication referred to in Article 1034 or, in the absence thereof, within four weeks after the reason for challenge becomes known to the challenging party.
2. If a challenged arbitrator does not resign within two weeks after the day of receipt of a timely notice as referred to in the first paragraph, the provisional relief judge of the district court shall, at the request of the most diligent party, decide whether the challenge is well- founded. The request shall be submitted within two weeks after the day of receipt of the written notice from the challenged arbitrator that he will not resign, or, in the absence thereof, within six weeks after the date of receipt of the notice.
3. If the challenged arbitrator resigns or the provisional relief judge of the district court finds the challenge to be well-founded, the challenged arbitrator shall be replaced in accordance with the rules that governed his original appointment, unless the parties have agreed another method of replacement. Article 1030(2) and (3) shall apply mutatis mutandis.
4. If a challenged arbitrator resigns, this does not imply acceptance that the reasons for the challenge are well-founded.
5. The arbitral tribunal may suspend the arbitral proceedings from the day of receipt of the timely notice, as referred to in the first paragraph, or afterwards, pending the challenge procedure, from the moment that the arbitral tribunal considers appropriate. If the challenge is found to be inadmissible or is not upheld, the proceedings, if suspended, shall resume from the stage they had reached.
6. The parties may, by agreement, shorten or extend the time-limits referred to in the first and second paragraphs of this article.
7. The parties may provide by agreement for the handling of a challenge request by an independent third person other than the provisional relief judge of the district court.
8. A party that has reasons to challenge an arbitrator shall base a challenge request in accordance with the provisions in this article on these reasons, on pain of forfeiture of the right to invoke them later in the arbitral proceedings or in court.
Challenge Procedure. In the event of a complaint by a supplier that there has been a breach of measures implementing the obligations of this Chapter in the context of a covered procurement, each Party shall encourage the supplier to seek resolution of its complaint in consultation with the procuring entity. In such instances the procuring entity shall accord impartial and timely consideration to any such complaint, in a manner that is not prejudicial to obtaining corrective measures under the challenge system.
Challenge Procedure. IUOE certifies to the County that it has adopted, implemented and will maintain constitutionally acceptable procedures to enable nonmember service fee payers to meaningfully challenge the propriety of the use of service fees. Those procedures shall be in accordance with applicable California law. In accordance with state laws and regulations, all non-members were informed of their specific right to challenge the agency fee for services following the first 60 days of the implementation of the agency shop provisions.
