Public Hearings If public hearings on the scope of work are held during the period of the Agreement, Contractor will make available to testify the personnel assigned to this Agreement. The Energy Commission will reimburse Contractor for compensation and travel of the personnel at the Agreement rates for the testimony which the Energy Commission requests.
Arbitration Hearing An Arbitration Hearing will be held within thirty (30) days after the Administrative Conference if no discovery is taken, or within thirty (30) days after the close of discovery, unless all parties and the Panel agree to extend the Arbitration Hearing date, or unless the parties agree in writing to waive the Arbitration Hearing. The parties may mutually agree on the location of the Arbitration Hearing. If the parties fail to agree, the Arbitration Hearing shall be held in Chicago, Illinois, or at such other location determined by the Presiding Arbitrator to be most convenient to the participants. The Panel will determine the date(s) and time(s) of the Arbitration Hearing(s) after consultation with all parties and shall provide reasonable notice thereof to all parties or their representatives.
Hearings The Hearing Officer shall hold hearings on a quarterly basis unless there are no appeals to hear or the parties agree to pend any open appeals. All materials considered in the position review shall be submitted to the Hearing Officer prior to the hearing and neither party will submit evidence at the hearing that was not submitted during the position review. The Hearing Officer shall endeavor to hold multiple hearings each day, and shall issue a concise decision which shall be final and binding. The Hearing Officer shall have no authority to alter the terms and conditions of this contract. Employees may be represented at the hearing and will be released from work with no loss of pay to attend the hearing. The Hearing Officer's fees and expenses shall be shared equally by the parties.
Public Hearing In the course of each proceeding, the competent investigating authority shall:
Location of the Arbitration Hearing Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside (in your hometown area) or, for Canadian residents, in the province in which you reside, and, if you choose, will be in-person.
Stipulated Penalties Review Notwithstanding any provision of Title 42 of the United States Code or Title 42 of the Code of Federal Regulations, the only issues in a proceeding for Stipulated Penalties under this CIA shall be: (a) whether Good Shepherd was in full and timely compliance with the obligations of this CIA for which OIG demands payment; and (b) the period of noncompliance. Good Shepherd shall have the burden of proving its full and timely compliance and the steps taken to cure the noncompliance, if any. OIG shall not have the right to appeal to the DAB an adverse ALJ decision related to Stipulated Penalties. If the ALJ agrees with OIG with regard to a finding of a breach of this CIA and orders Good Shepherd to pay Stipulated Penalties, such Stipulated Penalties shall become due and payable 20 days after the ALJ issues such a decision unless Good Shepherd requests review of the ALJ decision by the DAB. If the ALJ decision is properly appealed to the DAB and the DAB upholds the determination of OIG, the Stipulated Penalties shall become due and payable 20 days after the DAB issues its decision.
Settlement Discussions This Agreement is part of a proposed settlement of matters that could otherwise be the subject of litigation among the Parties hereto. Nothing herein shall be deemed an admission of any kind. Pursuant to Federal Rule of Evidence 408 and any applicable state rules of evidence, this Agreement and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than to prove the existence of this Agreement or in a proceeding to enforce the terms of this Agreement.
Rosters 8.1 As far as practically possible, the Employer will draw up a roster 1 week in advance. Changes to rosters may occur with 24 hours notice or, subject to the availability of the Employee, with less notice if by mutual consent. 8.2 The Employer will ordinarily roster Employees in a manner that is both fair and equitable to ensure that, where applicable, the allocation of weekend and public holiday hours are equally divided between Employees on a rotating basis.
Extra Trips a. Bus Drivers may be absent from driving part and/or all of their regular bus routes to take an extra trip. This will include Kindergarten route, shuttles, and noon Xxxxx Drivers. For Pay purposes the extra trip begins at the end of the driver's regular route. b. Regular Drivers desiring to take trips shall sign up at first Bus Drivers' Meeting held either prior to or on the opening day of school. Any Driver may join or remove themselves from the list at any time. All extra trips (Educational and Athletic/Group) shall be posted on one (1) list. c. Eligible Drivers shall be offered trips at a monthly field trip meeting on a seniority rotating basis. Between monthly meetings, trips shall be offered by phone or radio, on a seniority basis. d. If a Driver cancels a trip they agreed to drive, the trip will be offered to the next driver (who does not have a trip assigned) on a seniority basis from the canceled trip list. e. Drivers may not exchange trips. f. Drivers taking a group trip which involves an admission price and/or parking fee shall be covered by the group sponsoring the trip. g. In the event none of the eligible Drivers on the seniority rotation list are available to take a trip, the Drivers on the as-needed list will be asked. If no regular Drivers are available, then a Sub will be asked. If no Regular or Sub Drivers can take a trip, the Transportation Supervisor will appoint a Driver, starting with the least senior Driver on the DO WANT trips list. h. The Board may use the radio to contact Drivers for trips. Drivers must make the decision to drive or not to drive the offered trip within two (2) hours. i. If at all possible, the trips will be scheduled around two (2) weeks in advance. j. If a Driver shows up for a trip, and has not been notified the trip has been canceled, or a coach/advisor transports students, the Driver will be paid for two (2) regular hours and the driver will not be charged for the trip. k. If a Driver's trip date is changed, the scheduled Driver will stay on the trip. If the trip is canceled completely, the driver will be inserted next up the seniority rotation. The inserted driver shall not be taken out of rotation for forthcoming trips. l. If an Athletic Trip is canceled mid-event, the driver will be paid for the actual number of hours on duty; if rescheduled, the rescheduled event will be a new trip on the rotation list and the driver will be paid for the actual number of hours on duty. m. If a driver is on the insert list and already has a trip on the same day as a newly offered trip, the driver will stay on the insert list until a trip is offered for a day the driver is not already schedule to drive an extra trip. n. Any driver who cancels an extra trip two (2) or more times in a given month shall be skipped in the next rotation. o. Pay for extra trips will begin after the driver’s regular route time and will be at the driver’s regular rate of pay for up to two and one-half (2.5) hours for driver time and pre-trip. The remaining portion of the route will be at the Step 0 base rate. p. Overnight trips shall be considered special trips with reimbursement determined on an individual basis. q. Drivers on Leaves of Absences are not eligible for extra trips. r. Drivers are not eligible for extra trips on days on which they have called in and are off.
Contractor Hearing Board 1. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 2. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor’s representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a tentative proposed decision, which shall contain a recommendation regarding whether the Contractor should be debarred, and, if so, the appropriate length of time of the debarment. The Contractor and the Department shall be provided an opportunity to object to the tentative proposed decision prior to its presentation to the Board of Supervisors. 3. After consideration of any objections, or if no objections are submitted, a record of the hearing, the proposed decision, and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. 4. If a Contractor has been debarred for a period longer than five (5) years, that Contractor may after the debarment has been in effect for at least five (5) years, submit a written request for review of the debarment determination to reduce the period of debarment or terminate the debarment. The County may, in its discretion, reduce the period of debarment or terminate the debarment if it finds that the Contractor has adequately demonstrated one or more of the following: (1) elimination of the grounds for which the debarment was imposed; (2) a bona fide change in ownership or management; (3) material evidence discovered after debarment was imposed; or (4) any other reason that is in the best interests of the County. 5. The Contractor Hearing Board will consider a request for review of a debarment determination only where (1) the Contractor has been debarred for a period longer than five (5) years; (2) the debarment has been in effect for at least five (5) years; and (3) the request is in writing, states one or more of the grounds for reduction of the debarment period or termination of the debarment, and includes supporting documentation. Upon receiving an appropriate request, the Contractor Hearing Board will provide notice of the hearing on the request. At the hearing, the Contractor Hearing Board shall conduct a hearing where evidence on the proposed reduction of debarment period or termination of debarment is presented. This hearing shall be conducted and the request for review decided by the Contractor Hearing Board pursuant to the same procedures as for a debarment hearing. 6. The Contractor Hearing Board’s proposed decision shall contain a recommendation on the request to reduce the period of debarment or terminate the debarment. The Contractor Hearing Board shall present its proposed decision and recommendation to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board.
