Level Three Appeal Sample Clauses

Level Three Appeal. If the parent or provider does not agree with the Appeal Subcommittee’s decision, he/she may continue the appeal process by writing a letter to the Commissioner of the Department of Social Services (DSS) or designee. In this case, the parent or provider must send a copy of the original Appeal Form, the Appeals Subcommittee letter and any other pertinent documents to the Commissioner or designee within ten business days of the date of the Appeals Subcommittee letter. The Appeals Manager will continue to help the parent or provider with this next step. The DSS Commissioner or designee shall make a determination and provide a written decision to the parent no later than 90 days from the initial request date. If the enrollee has been enrolled in the HPP program and is found to be ineligible for HPP, and this decision is appealed, the enrollee will continue to be eligible for HPP services so long as the child remains eligible for and enrolled in HUSKY, Part B, Income Bands 1 and 2, until the appeal process is completed. Enrollees of HUSKY, Part B who are in Income Band 3 are not eligible for the HUSKY Plus Program and shall be immediately disenrolled from HPP
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Related to Level Three Appeal

  • Level Three If the grievant does not accept the Level Two Administrator’s resolution at Level Two, or a written response has not been received within the time limit specified, the Association may choose to submit the grievance directly to the Board for a hearing on the grievance or choose to submit the grievance to Arbitration. a. To initiate Level Three proceedings, the Association will notify the Superintendent, or designee, in writing within ten (10) days of receiving the Level Two Administrator's decision. b. The names of three approved Hearing Examiners will be listed in alphabetical order. The name at the top of the list will be the Examiner used for the Level Three Hearing. If the person at the top of the list cannot serve, the second will be contacted and so on. Once a Hearing Examiner has served, that name will be placed at the bottom of the list. This person will be called upon again only if the first two cannot serve, or when that name moves upward on the list. The cost of the hearing will be shared equally by the Board and the CCEA. c. The Hearing Examiner will have the authority to hold hearings, collect written and verbal testimony and make procedural rules. The Hearing Examiner will have no authority to amend, modify, ignore, add to or subtract from the provisions of Board Policy. The Hearing Examiner will also be without power to issue an award inconsistent with the laws of the State of Colorado. d. All hearings will be closed to persons not specifically involved in the grievance. The Hearing Examiner's written report will be mailed simultaneously to the Board and the grievant within twenty (20) days of the conclusion of the hearing, and will set forth finding of fact, reasoning, conclusions, opinions and recommendations on the issues submitted. The report will be advisory only and be binding on neither the Board nor the grievant and/or representative. e. After conclusion of the hearing of the grievance by the Board, or after receiving the report of the Hearing Examiner, the Board will take action on the resolution of the grievance in a timely fashion at a regularly-scheduled Board meeting.

  • Level Two An employee who is required to deliver medication to residents in residential aged care facilities: • previously defined as Nursing Homes (as at 31 December 2004) by the Nursing Homes Act 1988 (NSW); or • in which more than 80% of places are “allocated high care places” as defined in the Aged Care Act 1997 (Cth). An employee at this level must hold the following qualifications, which may be varied from time to time by the relevant National Vocational, Education and Training Body: • a Certificate III in Aged Care Work (CHC30102); and • a Certificate IV in Aged Care Work (CHC40102); and • medication module – “Provide Physical Assistance with Medication” (CHCCS303A); or Hold other appropriate qualifications acceptable to the employer. Employees at this level may be required to perform the duties of a CSE 4 - Level 1.

  • Step Three a. If the grievance is not resolved within ten (10) working days of the referral to Step Two in Article A.

  • Level One Any employee who has a grievance shall discuss it first with his/her immediate supervisor in an attempt to resolve the matter informally at that level.

  • Level Four Within ten days after receiving the Board’s decision at Level Three, the Association may submit the grievance to arbitration. The Association shall notify the Board of its intention to submit the matter to arbitration within this ten-day period. After such notification, the following procedure shall be followed: a. The Association shall make a written request for the grievance’s arbitration by requesting the American Arbitration Association to submit to the parties the names of at least nine qualified arbitrators. The parties shall select the arbitrator according to the rules of the AAA. b. Each party shall provide the other with a copy of its arbitration demand. c. The arbitrator shall have no power to amend, subtract from, or add to this Agreement’s terms. The parties’ past practice in interpreting or applying this Agreement’s terms may only be relevant if the Agreement’s language is vague or ambiguous. d. If either party claims before the arbitrator that a particular grievance fails to meet the test of arbitrability, as set forth in this Grievance Procedure, the arbitrator shall first rule on such claim and, if sustained, shall not proceed further except to render the decision based upon sustaining the claim. The arbitrator’s jurisdictional authority is defined as and limited to determining any grievance between the parties to the grievance which concerns compliance with any of this Agreement’s terms, as provided in Section A(I) of this Article, and submitted to the arbitrator pursuant to this Agreement’s terms. The arbitrator shall not have authority to render a decision on any issue not submitted under these grievance procedures. Unless the parties expressly agree otherwise in writing, the arbitrator is limited to hearing only one grievance upon its merits at any one hearing. e. Neither party shall be permitted to assert in an arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. At least ten days before the arbitration hearing the parties shall disclose (and provide copies of if at all possible) all exhibits, and a list of witnesses to be called and the anticipated nature of their testimony. f. The arbitrator’s decision on the grievance is binding and final. g. The cost of arbitration shall be divided equally between the Board and the Association. h. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the participant’s personnel file.