Level Two Appeal Sample Clauses

Level Two Appeal. If you are dissatisfied with our level one appeal decision, you may request a second review. To initiate a level two appeal, follow the same process required for a level one appeal, except that such request must be submitted within sixty (60) days from your receipt of a Level One Appeal decision. Requests for a second review will be acknowledged in writing within ten (10) business days, noting that we have received your request. Post-service requests will be completed within thirty (30) calendar days, while most pre- service requests will be completed within fifteen (15) calendar days. If more time or information is needed to make the determination, we will notify you in writing to request an extension of up to fifteen (15) calendar days and to specify any additional information needed to complete the review. You will be notified in writing of the decision. We will respond in writing with a decision as soon as possible in accordance to the medical needs of the case, not to exceed 72 hours in the case of appeals from determination regarding urgent or emergency care, an admission, availability of care, continued stay, health care services for which the claimant received emergency services but has not been discharged from a facility.
Level Two Appeal. A. If the unit member initiating the grievance and/or the ETA is not satisfied with the written decision at the conclusion of Level One, a written appeal of the decision at Level One may be filed with the Superintendent within ten (10) school days after the unit member has been served with such written decision. Copies of the written decision at Level One shall be submitted with the appeal. B. Within ten (10) school days after receipt of the appeal, the Superintendent or a designee shall hold a conference with the unit member or his/her representative, if any. C. The Superintendent or a designee shall render a decision in writing to the unit member and their ETA representative within ten (10) school days after the conclusion of his/her conference.
Level Two Appeal. If the appeal is not resolved at the Level One Appeal meeting, and it involves a major disciplinary action as defined in Subsection 12.4.3, the appellant may appeal the decision of the City Manager to the City Council through a Hearing Officer. Within 15 Workdays of service of the City Manager's Decision on all parties, the appellant may appeal the decision of the City Manager by filing a written appeal with the Personnel Officer. Failure to file an appeal within this timeframe waives any further right to appeal and the City Manager's decision shall be final. 12.8.1 Any appeal in writing shall meet the requirements and provide the information set forth in Subsection 12.7. 1. The appellant may be represented by a representative of the Employee’s Recognized Employee Organization, a legal representative or an uninvolved coworker at the request of the Employee. 12.8.2 The appeal hearing shall be conducted by a mutually agreed upon Hearing Officer. The Hearing Officer shall be paid for 50% by the appellant and 50% by the City, and shall be selected through a strike procedure administered by the Personnel Officer from a list of retired judges and justices prepared by the City. The Hearing Officer shall conduct a hearing of the matter within 45 days. The hearing shall be an opened or a closed session at the option of the appellant. The Hearing Officer shall file his/her recommendation with the City Council.
Level Two Appeal. The Appeals Subcommittee of the Steering and Advisory Committee for Children with Special Health Care Needs and HUSKY Plus Physical (SASH) for HPP has three members, one each from: · The Department of Social Services (DSS) · The Department of Public Health (DPH) and · The Connecticut Children’s Medical Center No one directly involved in the decision being appealed will be a member of this subcommittee. The Appeals Manager is not a member of this subcommittee but will attend to provide needed information. A letter will be sent to the parent or provider that gives the time and date of the Appeals Subcommittee meeting. The meeting will be scheduled to occur within ten business days of receipt of the written appeal. The parent or provider may reschedule this meeting, for any reason, once. However, the Appeals Committee meeting must occur within 25 business days of the receipt of the appeal. The parent or provider may bring support persons to the Appeals Subcommittee meeting, including legal counsel, a person with special knowledge or training with respect to the problems of the enrollee, and one or two individuals for support. In the Appeals Subcommittee, the Appeals Manager will present the appeal; along with any documents involved in the initial decision. The Appeals Manager will also present a summary of the efforts to this point to resolve the appeal. The parent, provider or accompanying support persons may also present arguments and documents, which support the appeal. Once all appeal arguments are completed, the Appeals Subcommittee will either make a decision regarding the appeal, or if necessary, continue the case until more information is obtained or until documents are reviewed. The Appeals Subcommittee must render a final decision no later than 30 days from the date of the Appeals Subcommittee meeting. The Appeals Subcommittee chairperson will send the parent or provider a letter describing the Appeal Committee’s decision no later than 30 days from the date of the Appeals Subcommittee meeting.

Related to Level Two Appeal

  • 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.

  • Management Grievance The Employer may initiate a grievance at Step 3 of the grievance procedure by the Employer or designate presenting the grievance to the President of the Union or designate. Time limits and process are identical to a union grievance.

  • Level Three If the grievant is not satisfied with the disposition of the grievance at Level Two, or if no written decision has been rendered within the timeline described above in 8.2.3, the grievant may request in writing that GTA submit the grievance to arbitration. GTA, by written notice to the Superintendent within ten (10) work days after receipt of the Superintendent’s response (Appendix K-5) may submit the grievance to arbitration using the appropriate form (see Appendix K-6). At all times during the Level Three grievance, the grievant shall be represented by GTA. 8.2.4.1 The parties shall request a list of arbitrators from the California State Mediation and Conciliation Service. A GTA representative and a District representative shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. The one remaining name shall be the arbitrator. The process of striking names shall occur within 10 work day of the receipt of the list by both parties. 8.2.4.2 If any question arises as to the arbitrability of the grievance, such question will first be ruled upon by the arbitrator. 8.2.4.3 The arbitrator shall have no authority to add to, subtract from or modify the terms of this Agreement, and the arbitrator shall interpret the Agreement in accordance with accepted arbitral standards of contract interpretation. 8.2.4.4 The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning and conclusions of the issues submitted. The arbitrator will without power or authority to make any decision that violates the terms of this Agreement. A copy of the award will be submitted to the District, the grievant, and GTA. The arbitrator’s decision will be final and binding upon the parties. 8.2.4.5 The District and GTA will bear equally the costs for the services of the arbitrator, including, but not limited to, per diem expenses, the arbitrator’s travel and subsistence expenses, and the cost of the court reporter. 8.2.4.6 If any party requests a transcript of the proceedings, that party shall bear the full costs for the transcript. If the parties request one transcript, the total cost of the transcript shall be divided equally between the District and the aggrieved. 8.2.4.7 After the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. Hearings shall be confined to work days, unless mutually agreed otherwise. 8.2.4.8 The arbitrator shall conduct the hearing in accordance with the voluntary arbitration rules of the American Arbitration Association and the provisions of this procedure. 8.2.4.9 Upon mutual agreement of the District and GTA, the arbitration may proceed under expedited rules of the American Arbitration Association and notice of such agreement shall accompany the request for a list of arbitrators. 8.2.4.10 The arbitrator shall be provided all available documents relating to the grievance. Parties in interest shall be given at least two (2) work days prior notice of scheduled hearing. Parties in interest and their representatives shall have the right to be present at such hearings.

  • Grievance Mediation Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and the time line for grievance mediation to occur.

  • Level Four If the Association is not satisfied with the disposition of the grievance at Level Three or if the grievant is not represented by the Association, the grievant may submit the grievance to arbitration before an impartial arbitrator, using the Federal Mediation and Conciliation Services (FMCS). In order to submit the grievance to arbitration, both the Superintendent and FMCS must receive written and timely notice that the grievance is proceeding to arbitration within twenty (20) days following receipt of the Level Three disposition and that the Association, (if the Association is representing the grievant), or grievant, if the association is not representing the grievant has submitted the grievance to FMCS for arbitration within that time limit. 1. If the District does not agree within ten (10) days of receipt of the written notice, that the matter is arbitrable, the District shall notify the Grievant and the Association, in writing, that it disagrees as to the arbitrability of the grievance. The Parties agree that in such instances, an arbitrator will be selected, according to the rules of FMCS, to determine the question of arbitrability and if found to be arbitrable, to then determine the substantive issue. If there is no objection by the District to the arbitrability of the grievance, the Parties shall proceed to arbitrate the substantive grievance issue on its merits. 2. The District and the Association (or the grievant if the Association is not representing the grievant) agree to make available, upon specific written request to the other, such information as is necessary to effectively process grievance. The cost of gathering the information shall be borne by the requesting Party in accordance with Florida Statutes. Requests for such information shall allow a reasonable time prior to the Level Four hearing (except that if the arbitration hearing is to determine arbitrability, then a reasonable time before a hearing is set or the purpose) for collection of requested information. Neither the District nor the Association (nor the grievant, if the grievant is not represented by the Association) shall be permitted to assert in such arbitration proceeding any ground or rely on any evidence which had been specifically requested by the opposite Party but which was not previously disclosed to the requesting Party. 3. If the Parties cannot mutually agree to an arbitrator within seven (7) days of the receipt of the list of arbitrators from FMCS, then the arbitrator will be selected by FMCS in accordance with its rules. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement. The arbitrator will conduct a hearing, shall render his/her decision in writing within (30) days after the close of the arbitration hearing and shall furnish a copy to the Association/grievant and the District. The Parties agree that the decision of the arbitrator shall be final and binding on all Parties. The fees and expenses of the arbitrator shall be shared equally by the District and the Association unless the Association has elected to withdraw or not to support the grievance and so notifies all Parties in writing. In this case, the fees and expenses of the arbitrator shall be shared equally by the District and the grievant. All other expenses shall be borne by the Party incurring them, and neither Party shall be responsible for the expense of witnesses called by the other.

  • 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.

  • GRIEVANCE PROCEDURE (Continued 6. The Board and the Administration will cooperate with any investigation of any grievance, and will furnish such information insofar as possible. Costs, if any, shall be paid by the requesting party. The cost of the copies shall comply with board policy. 7. Forms for filing a grievance and written decisions shall be given appropriate distribution to administrators, supervisors, and teachers. These forms will be readily available in each school office or from an Association representative. 8. The P.R.&R. Committee and such administrative personnel as designated by the Superintendent shall meet at least once annually to discuss and agree upon how grievances are to be handled. Such meetings shall be held prior to or during the first day of the school year. Such meetings shall be co-chaired by the chairman of the P.R.&R. Committee and a designee of the Superintendent and shall be conducted within the regular work day so far as possible. 9. A grievance must be initiated within fifteen (15) days following the act or condition or knowledge of the act which is the basis for said grievance. 10. The number of days indicated at each step shall be considered as maximum. If the aggrieved fails to file the grievance within the time limits specified in the succeeding sections of this procedure, it shall be presumed that said incident or grievance has been resolved. If the responding party fails to comply with any time limit in the succeeding sections of this procedure, the grievance may automatically be appealed to the next step in the grievance procedure. Both parties may, however, in writing, mutually agree to extend the time limits. 11. It shall be mutually agreed that the handling of any professional grievance may be conducted within the regular work day if such can be done without interruption of the students’ educational program. 12. In the event a grievance is carried to Step Four, the grievant and a member of the P.R.&R. Committee shall be granted released time with pay to attend hearings held by the arbiter if the hearing is held within a contract day.

  • Group Grievance Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing signed by each employee who is grieving to the Administrator or her designate within ten (10) days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 1 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.

  • Individual Grievance Subject to clause 19.5 and as provided in section 208 of the PSLRA, an employee is entitled to present a grievance in the manner prescribed in clause 19.10 if the employee feels aggrieved (a) by the interpretation or application in respect of the employee, of (i) a provision of a statute or regulation, or a by-law, direction or other instrument made or issued by the Council, dealing with terms and conditions of employment; or (ii) a provision of a collective agreement or an arbitral award; or (b) as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment.

  • Level 1 If an Employee wishes to submit a grievance, he/she shall first discuss the complaint with his/her immediate supervisor. The Grievance Committee representative and one administrator may also be present. This discussion must occur within ten (10) days of the event causing the complaint.