Formal Decision Sample Clauses

Formal Decision. The Director of the [Superfund & Emergency Management Division], EPA Region __, will issue a formal decision resolving the dispute (“Formal Decision”) based on the statements of position and any replies and supplemental statements of position. The Formal Decision is binding on Respondents.
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Formal Decision. The Director of the [Superfund & Emergency Management Division], EPA Region __, will issue a formal decision resolving the dispute (“Formal Decision”) based on the statements of position and any replies and supplemental statements of position. The Formal Decision is binding on Purchaser and shall be incorporated into and become an enforceable part of this Settlement. [Escrow Account. For disputes regarding a Future Response Costs billing, Purchaser shall: (a) establish, in a duly chartered bank or trust company, an interest-bearing escrow account that is insured by the Federal Deposit Insurance Corporation (“FDIC”); (b) remit to that escrow account funds equal to the amount of the contested Future Response Costs; and (c) send to EPA copies of the correspondence and of the payment documentation (e.g., the check) that established and funded the escrow account, including the name of the bank, the bank account number, and a bank statement showing the initial balance in the account. EPA may, in its unreviewable discretion, waive the requirement to establish the escrow account. Purchaser shall cause the escrow agent to pay the amounts due to EPA under ¶ 54, if any, by the deadline for such payment in ¶ 54. Purchaser is responsible for any balance due under ¶ 54 after the payment by the escrow agent.] The initiation of dispute resolution procedures under this Section does not extend, postpone, or affect in any way any requirement of this Settlement, except as EPA agrees. Stipulated penalties with respect to the disputed matter will continue to accrue, but payment is stayed pending resolution of the dispute, as provided in ¶ 68.
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Formal Decision. The AAT set aside the decision under review and remitted the matter to the Director-General with a direction that the income of Xxx Xxxxxx did not include the income of Xx Xxxxxx for the purposes of calculation at the rate of her age pension.
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Formal Decision. The AAT set aside the decision under review and remitted the matter to the Director-General with a direction that the income of Xxx Xxxxxx did not include the income of Xx Xxxxxx for the purposes of calculation at the rate of her age pension. XXXXX and DIRECTOR-GENERAL OF SOCIAL SECURITY (No. V 84/104) Decided: 30 November 1984 by X.X. Xxxxx. Xxxxxxxx Xxxxx had been granted unem­ ployment benefit in October 1976, special benefit in May 1979 and invalid pension in August 1983. Shortly before the decision to xxxxx Xxxxx an invalid pension was implemen­ xxx, the DSS decided that she was living with a man, B, as his wife on a bona fide domestic basis although not legally mar­ ried to him. Accordingly, the rate of her special benefit (and, later, her invalid pension) was reduced to take account of B’s income. Xxxxx asked the AAT to review that decision. After the hearing of the appli­ cation for review but before the AAT’s decision was handed down Xxxxx died. The legislation At the time of the decision under review, s. 114(1) of the Social Security Act pro­ vided for the rate of special benefit paid to a person to be reduced by reference to the person’s income. Section 114(3) pro­ vided that the income of a married per­ son should include the income of that person’s spouse which, according to s. 106(1), included persons living together on a bom fide domestic basis as man and wife although not legally married. Corresponding provisions dealing with the rate of invalid pension were found at the relevant time in ss.28(2), 29(2) and 18 of the Social Security Act. The evidence Evidence was given to the AAT that Xxxxx and B had shared accommodation in 8 flats between 1976 and June 1984, when they had begun to live separately. At different times during that period, Xxxxx had made contradictory statements about hef relationship with B: on some occasions she had admitted that she was living in a de facto relationship with B, on other occasions she claimed that they were living totally separate lives and at other times she had claimed that they were no longer sharing accommodation. (The AAT observed that these contradic­ tions might have been due to Xxxxx’ medical condition: there was evidence that she suffered from a mental disorder for which she was taking heavy medica­ tion.) It appeared from the evidence that Xxxxx and B had shared a limited social life, that initially (at least) there had been a sexual relationship, that Xxxxx and B had separated on three occasions b...
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Related to Formal Decision

  • Final Decision Concessionaire covenants that the decision of the Commissioner of Department, relative to the performance of the terms and conditions of this Agreement, shall be final and conclusive.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this LGIA and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator(s) must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Interconnection Facilities, or Network Upgrades.

  • The Decision If mediation fails, or is not appropriate, and if the decision can be rendered after a short deliberation, the Arbitrator will do so. By meeting first with counsel to explain the framework of the Arbitrator’s decision, the parties are provided with an opportunity to influence the exact terms of resolution. Within the framework of settlement as outlined by the Arbitrator, the parties can work out exact terms which best suit the specifics of the case. Such an opportunity should not be wasted by continuing to argue the merits of the case.

  • Claim Decision Upon receipt of such claim, the Plan Administrator shall respond to such claimant within ninety (90) days after receiving the claim. If the Plan Administrator determines that special circumstances require additional time for processing the claim, the Plan Administrator can extend the response period by an additional ninety (90) days for reasonable cause by notifying the claimant in writing, prior to the end of the initial ninety (90) day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Plan Administrator expects to render its decision. If the claim is denied in whole or in part, the Plan Administrator shall notify the claimant in writing of such denial. The Plan Administrator shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth: (i) The specific reasons for the denial; (ii) The specific reference to pertinent provisions of the Agreement on which the denial is based; (iii) A description of any additional information or material necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; (iv) Appropriate information as to the steps to be taken if the claimant wishes to submit the claim for review and the time limits applicable to such procedures; and (v) A statement of the claimant’s right to bring a civil action under ERISA Section 502(a) following an adverse benefit determination on review.

  • Arbitrator’s Decision Within thirty (30) days after the appointment of the third arbitrator, the three (3) arbitrators shall decide whether the parties will use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant of their decision. The decision of the majority the three (3) arbitrators shall be binding on Landlord and Tenant.

  • Composition of Board of Arbitration When either party requests that a grievance be submitted to arbitration, the request shall be made by registered mail addressed to the other party of the Agreement, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two appointees shall select an impartial chairperson.

  • Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker.

  • Formal Resolution 1. Service Provider or TJJD staff who wish to submit problems for resolution may do so in writing, including all relevant information and a recommended resolution (Statement of Problem). 2. The Statement of Problem will be submitted to the designated contact unless the problem specifically involves the designated contact, in which case, it will be submitted to the designated contact’s supervisor. 3. Problems are to be addressed within ten (10) working days; a written decision will be sent to the individual or program that submitted it, with copies retained by the designated contact and the designated contact’s supervisor.

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

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