Decision on Appeal Sample Clauses
The 'Decision on Appeal' clause defines how a final determination is made when a party challenges a previous decision within a contractual or organizational process. Typically, this clause outlines the authority responsible for reviewing the appeal, the procedures to be followed, and the timeframe in which a decision must be rendered. For example, it may specify that an appeals committee or a designated official will review all submitted materials and issue a binding resolution. The core function of this clause is to provide a clear and fair mechanism for resolving disputes or disagreements, ensuring that parties have a structured opportunity to contest decisions and receive a definitive outcome.
Decision on Appeal. The Adjutant General will issue a written decision and, when appropriate, direct the HRO to take any necessary corrective action. A copy of the decision stating what corrective action will be taken is then forwarded to the employee. The decision of the Adjutant General is final and there is no further right to appeal.
Decision on Appeal. Company shall review the appeal and shall act thereon. The decision shall be made promptly, and shall not ordinarily be made later than 60 days after the receipt by the Chief Financial Officer of the written request for review (unless special circumstances require an extension of time for processing, in which case written notice of the extension shall be furnished the claimant prior to the commencement of the extension, and in which case a decision shall be rendered as soon as possible but not later than 120 days after the receipt of the request for review). The decision on review shall be in writing and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, and specific references to the pertinent provision of this agreement on which the decision is based. A copy of the decision on review shall be furnished the claimant within the time required for the making of this decision; if it is not furnished within such time, the claim shall be deemed denied on review. Discontinuance of Contributions;
Decision on Appeal. If all four requirements for appeal listed above are met, the Appellate Officer will accept the request for appeal and proceed with rendering a decision on the appeal applying the following additional principles:
1. Decisions by the Appellate Officer are to be deferential to the original decision, making changes to the determination of responsibility only where there is clear error, and to a sanction or remedial action only if there is a compelling justification to do so.
2. Appeals are not intended to be full re-hearings of the formal complaint. In most cases, appeals are confined to a review of the written determination and evidence. Appeals granted based on new evidence should normally be remanded to the Hearing Officers for reconsideration. The substance of an appeal should be evaluated by the Appellate Officer in the light most favorable to the non-appealing party. Even if the Appellate Officer may have made a different decision than the Hearing Officers, if the decision of the Hearing Officers was not made in error based on one of the four articulated “Grounds for Appeal” listed above, their decision(s) shall stand.
3. Sanctions shall not be implemented until the final decision on appeal has been issued by the Appellate Officer, or, if no appeal is requested, when the deadline to request an appeal has passed.
4. The Appellate Officer may communicate with the Hearing Officers or Administrative Officer regarding any questions the Appellate Officer has about the live hearing or procedures leading to the determination of responsibility. These conversations, if they occur, will be audio recorded, audiovisual recorded, or transcribed, and the recording or transcript shall be maintained by the University for seven (7) years after the Appellate Officer’s written determination is delivered to the parties.
5. Absent extenuating circumstances, the decision of the Appellate Officer will ordinarily be issued within fifteen (15) days from the date of receipt of the request for appeal. If this timeline is extended, the Complainant and Respondent will be notified of the extension and the reason for the extension in writing. The decision of the Appellate Officer is final.
6. When a decision from the Appellate Officer is provided to the Administrative Officer, the Complainant and the Respondent will be simultaneously notified in writing of the result of the appeal and any changes in the determination of responsibility or the sanction(s) or other action(s) imposed. Onc...
Decision on Appeal. No later than sixty (60) days following the receipt of the written application for review, the Plan Administrator shall submit its decision on the review in writing to the claimant involved and to his representative, if any; provided, however, a decision on the written application for review may be extended, in the event special circumstances such as the need to hold a hearing require an extension of time, to a day no later than one hundred twenty (120) days after the date of receipt of the written application for review. The decision shall include specific reasons for the decision and specific references to the pertinent provisions of the Plan on which the decision is based.
Decision on Appeal. The Administrator will conduct a full and fair review of the claim and the initial adverse benefit determination. The Administrator holds regularly scheduled meetings at least quarterly. The Administrator shall make a benefit determination no later than the date of the regularly scheduled meeting that immediately follows the Plan’s receipt of an appeal request, unless the appeal request is filed within thirty (30) days preceding the date of such meeting. In such case, a benefit determination may be made by no later than the date of the second (2nd) regularly scheduled meeting following the Plan’s receipt of the appeal request. If special circumstances require a further extension of time for processing, a benefit determination shall be rendered no later than the third (3rd) regularly scheduled meeting of the Administrator following the Plan’s receipt of the appeal request. If such an extension of time for review is required, the Administrator shall provide the Claimant with written notice of the extension, describing the special circumstances and the date as of which the benefit determination will be made, prior to the commencement of the extension. The Administrator generally cannot extend the review period any further unless the Claimant voluntarily agrees to a longer extension. The Administrator shall notify the Claimant of the benefit determination as soon as possible but not later than five (5) days after it has been made.
Decision on Appeal. TAG will issue a written decision and, where applicable, direct the HRO to take any necessary corrective action. A copy of the decision stating what corrective action will be taken is then forwarded to the employee. The decision of TAG is final and there is no further right or appeal. A copy of the decisions issued by TAG will be furnished to all interested parties.
Decision on Appeal. The Plan Administrator shall notify the claimant of his or her decision on review not later than sixty (60) days after receipt of a request for review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than one hundred twenty (120) days after receipt of a request for review. If an extension of time for review is required because of special circumstances, written notice of the extension must be furnished to the claimant prior to the commencement of the extension. The Plan Administrator's decision on review shall be in writing and shall include specific reasons for the decision, as well as specific references to the pertinent Plan provisions on which the decision is based.
Decision on Appeal. Within sixty (60) days of receipt of an appeal, the Administrator shall mail to the applicant a written notice of his decision setting forth, in a manner calculated to be understood by the applicant, the specific reasons for his decision and the specific references to the pertinent Plan provisions on which his decision was based.
Decision on Appeal