Hearing Officer’s Decision Sample Clauses

Hearing Officer’s Decision. Within thirty (30) calendar days after the conclusion of the evidentiary and argument portions of the disciplinary hearing, the hearing officer shall issue a written decision containing findings of fact and conclusions of law. The hearing officer shall have the authority to affirm, revoke, or reduce the disciplinary action imposed against the Unit member. The hearing officer's decision constitutes a final resolution of any disciplinary action and no further appeal shall be permitted within the City's administrative process.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Hearing Officer’s Decision. At the conclusion of the hearing, the hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. If the hearing officer finds the charges have been proven, he/she may order the reprimand of the employee, a suspension without pay, a demotion, dismissal of the employee, or a dismissal of the charges. When the decision is to levy discipline, the hearing officer shall make specific written findings of fact and conclusions of law as to each charge. Thereafter the order and findings shall be served upon the employee personally or by certified mail at his/her last address as shown in the record of the District. The hearing officer’s decision shall be announced in public session of the Board of Trustees. The hearing officer’s decision shall become final after completion of the above. The employee or his or her representative may obtain a copy of the transcript of the hearing at his or her cost upon written request to the District.
Sample 1Sample 2See All (5)
Hearing Officer’s Decision. The hearing officer shall render his decision as soon after the conclusion of the hearing as possible and in no event later than thirty (30) working days after conducting the hearing. His decision shall set forth which charges, if any, are sustained and the reasons therefore. The hearing officer's written findings and conclusions, which support his/her decision, shall be filed with the City, the charged employee and his/her representative, if any. Except as provided hereinafter, the decision of the hearing officer is final and binding and shall be implemented by the City Manager. The cost of the hearing and the hearing officer's fees shall be borne equally by the parties. Notwithstanding the foregoing, in the case of an appeal over an employee termination, the decision of the hearing officer shall be subject to review by the City Council. The City Council, by a minimum of four-fifths (4/5) affirmative votes, may sustain, reject or modify the decision of the hearing officer. Upon request, the affected employee or his/her representative shall be permitted to address the City Council in closed session prior to the City Council taking action on the appeal. The decision of the City Council shall be final and binding.
Sample 1Sample 2Sample 3See All (4)
Hearing Officer’s Decision. Within a reasonable time after the disciplinary hearing, the Hearing Officer shall issue a written decision containing findings of fact and conclusions of law. The Hearing Officer shall have the authority to affirm, revoke or reduce the disciplinary action imposed against the employee. Except as otherwise provided for in this Memorandum of Understanding, the Hearing Officer’s decision constitutes a final resolution of any disciplinary action and no further appeal shall be permitted within the City’s administrative process.
Sample 1Sample 2Sample 3
Hearing Officer’s Decision. The Hearing Officer shall, within 30 calendar days after the hearing is closed, make a finding as to whether or not the employee was suspended, demoted, or dismissed for the reasonable cause set forth in the notice of disciplinary action and shall also make a recommendation as to the appropriate disposition of the case. Written findings and recommendations shall be forwarded by the Hearing Officer to the Court. The Court shall have 30 calendar days from receipt of the Hearing Officer’s recommended decision or receipt of the hearing record, which every is later, to issue a written decision accepting, rejecting or modifying the Hearing Officer’s decision.
Sample 1Sample 2
Hearing Officer’s Decision. Upon conclusion of the administrative hearing, the hearing officer shall provide both the General Manager and the employee, and the CEBU group representative with copies of his or her decision on the merits of the appeal with references to, and a discussion of, the evidence presented. The hearing officer’s decision shall be an advisory opinion only, non-binding on either party; provided that if neither party refers the appeal to the Board of Directors within thirty (30) calendar days of receipt of the hearing officer’s decision, the hearing officer’s decision shall become final. The hearing officer’s fees and expenses shall be borne equally by the Parties. If either party requires a transcript, that party shall bear the entire cost of such transcript.
Sample 1
Hearing Officer’s Decision. (a) Within 30 days of the conclusion of the hearing, the hearing officer shall issue a written decision affirming, modifying, or vacating the Agency Executive Director’s determination. If the hearing officer vacates the Agency’s determination in its entirety, that decision shall also vacate any assessment of liquidated damages. If the hearing officer affirms the Agency’s determination, the hearing officer shall issue a decision upholding the Agency’s determination , including the amount of the liquidated damages assessed by the Agency. With respect to liquidated damages, the hearing officer’s jurisdiction to modify the Agency’s assessment is limited and the following procedures apply. If the hearing officer modifies the Agency Executive Director’s determination, the hearing officer shall transmit the decision to the Agency Executive Director, who shall within five business days modify the assessment of liquidated damages consistent with the hearing officer’s decision based on the criteria set forth in Section 6.1(f) and transmit the modified assessment to the hearing officer. Upon receiving the modified assessment from the Agency, the hearing officer shall within three business days issue a final decision, which shall include the amount of the liquidated damages assessment as modified by the Agency. (b) The hearing officer’s decision shall consist of findings and a determination, which shall be final. The Contractor may seek review of the hearing officer’s decision only by filing in the San Francisco Superior Court a petition for a writ of mandate under California Code of Civil Procedure Section 1094.5, as it may be amended from time to time. (c) The failure of the hearing officer to comply with the time requirements of this Section 7 shall not cause the hearing officer to lose jurisdiction over an appeal from the Agency Executive Director’s determination filed under this Section 7. (d) Upon the hearing officer’s decision affirming or modifying the Agency Executive Director’s determination, the Contractor shall take the corrective action, including the payment of liquidated damages, if any, within 14 days of receiving the hearing officer’s decision. When a Contractor fails to take corrective action within the time required by the provisions of this Subsection, the Agency may immediately pursue all available remedies against the Contractor.
Sample 1Sample 2
AutoNDA by SimpleDocs
Hearing Officer’s Decision. The hearing officer shall render his/her decision as soon after the conclusion of the hearing as possible and in no event later than ten (10) working days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefor. The hearing officer's written findings and conclusions which support his/her decision shall be filed with the City, the charged employee and his/her representative, the City Clerk and the City Manager. The decision of the hearing officer is final and binding and shall be implemented by the personnel officer, subject only to the appropriate legal recourse of the City or Association pursuant to CCP Section 1094.5. The cost of the hearing and the hearing officer's fees shall be borne equally by the parties.
Sample 1
Hearing Officer’s Decision. 7.1 Within forty-five (45) calendar days after the conclusion of the disciplinary appeal hearing, including final briefing, the hearing officer shall issue a non-binding written decision containing findings of fact and conclusions of law. 7.2 The City Manager shall issue a final administrative decision within thirty (30) calendar days of receipt of the hearing officer’s proposed decision. 7.3 The City Manager may adopt, reject, or modify the decision, or request additional evidence as deemed necessary. 7.4 Per CCP section 1094.5, et seq., within ninety (90) days of receipt of the City Manager’s final administrative decision, either party may challenge the final administrative decision via writ of administrative mandamus.
Sample 1

Related to Hearing Officer’s Decision

  • Hearing Officer The Hearing Officer shall be jointly selected by the parties within thirty (30) days of the execution of this contract and shall serve for a minimum of one (1) year from the date of selection. At that time the parties may choose to re-appoint the Hearing Officer or select a different Hearing Officer who will also serve for a minimum of one (1) year from date of selection.

  • APPOINTING OFFICERS If authorized by majority vote of the Members, the Chief Executive Member may appoint officers or managers and define their function and authority.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Nurse Representatives & Grievance Committee (a) The Hospital agrees to recognize Association representatives to be elected or appointed from amongst nurses in the bargaining unit for the purpose of dealing with Association business as provided in this Collective Agreement. The number of representatives and the areas which they represent are set out in the Appendix of Local Provisions. (b) The Hospital will recognize a Grievance Committee, one of whom shall be chair. This committee shall operate and conduct itself in accordance with the provisions of the Collective Agreement and the number of nurses on the Grievance Committee is set out in the Appendix of Local Provisions. (c) It is agreed that Union representatives and members of the Grievance Committee have their regular duties and responsibilities to perform for the Hospital and shall not leave their regular duties without first obtaining permission from their immediate supervisor. Such permission shall not be unreasonably withheld. If, in the performance of their duties, a union representative or member of the Grievance Committee is required to enter a unit within the hospital in which they are not ordinarily employed they shall, immediately upon entering such unit, report their presence to the supervisor or nurse in charge, as the case may be. When resuming their regular duties and responsibilities, such representatives shall again report to their immediate supervisor. The Hospital agrees to pay for all time spent during their regular hours by such representatives hereunder.

  • Credit Decision Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking any action under this Agreement.

  • Independent Credit Decisions Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Loan Document or related agreement or any document furnished hereunder or thereunder.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!