Common use of Notice of Defense Clause in Contracts

Notice of Defense. Within fifteen (15) calendar days after service upon the employee of the Statement of Charges, an employee may file with the Human Resources Director a Notice of Defense in which the employee may: 1. Request a hearing. If the employee requests a hearing the employee must indicate their estimation for the length of time necessary to present their case. 2. Object to the Statement of Charges on the ground that it does not state acts or omissions upon which the Appointing Authority may proceed. 3. Object to the form of the Statement of Charges on the ground that it is so indefinite or uncertain that the employee cannot identify the transaction or prepare a defense. 4. Admit the Statement of Charges in whole, or in part. 5. Present new matter by way of defense. No exceptions to the time period provided herein shall be permitted. 6. The Notice of Defense must specify every defense that the employee intends to rely upon. The employee shall be bound by the Notice of Defense and may not change the Notice of Defense unless revised as provided for herein. At any time prior to the submission of the matter to the hearing officer, the appellant may amend the Notice of Defense. Such right to amend shall include the right to amend according to proof at the hearing. All parties shall be given written notice thereof, except when the amendment is made according to proof at the hearing. If the amendment presents new matter, the Appointing Authority shall be afforded a reasonable opportunity by the hearing officer to prepare a response thereto. 7. The employee shall be entitled to a hearing on the merits of the charges if the employee files a Notice of Defense, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file a Notice of Defense shall constitute a waiver of the employee's right to a hearing. Unless objection is taken as provided above, all objections to the form of the Statement of Charges shall be deemed waived. 8. The Notice of Defense shall be in writing, signed by, or on behalf of, the employee and shall state the employee's mailing address

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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Notice of Defense. Within fifteen (15) calendar days after service upon the employee of the Statement of Charges, an employee may file with the Human Resources Director a Notice of Defense in which the employee may: 1. Request a hearing. If the employee requests a hearing hearing, the employee must indicate their estimation for the length of time necessary to present their case. 2. Object to the Statement of Charges on the ground that it does not state acts or omissions upon which the Appointing Authority may proceed. 3. Object to the form of the Statement of Charges on the ground that it is so indefinite or uncertain that the employee cannot identify the transaction or prepare a defense. 4. Admit the Statement of Charges in whole, or in part. 5. Present new matter by way of defense. No exceptions to the time period provided herein shall be permitted. 6. The Notice of Defense must specify every defense that the employee intends to rely upon. The employee shall be bound by the Notice of Defense and may not change the Notice of Defense unless revised as provided for herein. At any time prior to the submission of the matter to the hearing officer, the appellant may amend the Notice of Defense. Such right to amend shall include the right to amend according to proof at the hearing. All parties shall be given written notice thereof, except when the amendment is made according to proof at the hearing. If the amendment presents new matter, the Appointing Authority shall be afforded a reasonable opportunity by the hearing officer to prepare a response thereto. 7. The employee shall be entitled to a hearing on the merits of the charges if charges. If the employee files a Notice of Defense, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file a Notice of Defense shall constitute a waiver of the employee's right to a hearing. Unless objection is taken as provided above, all objections to the form of the Statement of Charges shall be deemed waived. 8. The Notice of Defense shall be in writing, ; signed by, or on behalf of, the employee employee; and shall state the employee's mailing address.

Appears in 1 contract

Samples: Memorandum of Understanding

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Notice of Defense. a. Within fifteen five (155) calendar days after service upon the employee of the Statement of Charges, an employee may shall file with the Human Resources Director a Notice of Defense in which the employee may: (1. ) Request a hearing. If the employee requests a hearing the employee must indicate their estimation for the length of time necessary to present present, their case. (2. ) Object to the Statement of Charges on the ground that it does not state acts or omissions upon which the Appointing Authority may proceed. (3. ) Object to the form of the Statement of Charges on the ground that it is so indefinite or uncertain that the employee cannot identify the transaction or prepare a defense. (4. ) Admit the Statement of Charges in whole, or in part. (5. ) Present new matter by way of defense. . (6) No exceptions to the time period provided herein shall be permitted. 6. The Notice of Defense must specify every defense that the employee intends to rely upon. The employee shall be bound by the Notice of Defense and may not change the Notice of Defense unless revised as provided for herein. At any time prior to the submission of the matter to the hearing officer, the appellant may amend the Notice of Defense. Such right to amend shall include the right to amend according to proof at the hearing. All parties shall be given written notice thereof, except when the amendment is made according to proof at the hearing. If the amendment presents new matter, the Appointing Authority shall be afforded a reasonable opportunity by the hearing officer to prepare a response thereto. 7. b. The employee shall be entitled to a hearing on the merits of the charges if the employee files a Notice of Defense, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file a Notice of Defense shall constitute a waiver of the employee's right to a hearing. New matter not identified in the Notice of Defense may not be presented in the hearing. Unless objection is taken as provided abovein paragraph 3. of the above subsection B., all objections to the form of the Statement of Charges shall be deemed waived. 8. c. The Notice of Defense shall be in writing, signed by, or on behalf of, the employee and shall state the employee's mailing address. d. Upon receipt of the Notice of Defense, the County shall contact the State Office of Administrative Hearings and ascertain presently available dates when a Hearing Officer might be available to conduct a formal disciplinary hearing pursuant to these Rules and shall notify the employee of such dates, and of the dates on which the County's representative will be available for the hearing. The employee shall then deliver to County Counsel, within (10) calendar days, the employee's choice of the available dates for the hearing. Such dates shall not be inconsistent with the dates provided by the County or indicated to be available by the Office of Administrative Hearings. The employee shall concurrently provide notice of the name and address of any party who might be representing the employee at the hearing. County Counsel shall thereafter give the employee notice of the time, date, and place of the hearing. Said notice shall either be delivered to the employee personally or sent to the employee by certified or registered mail, at the last known mailing address of the employee on file in the Human Resources & Development

Appears in 1 contract

Samples: Memorandum of Understanding

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