Opportunity to Contest Findings Sample Clauses

Opportunity to Contest Findings. The state agency has established and implemented procedures which require that, prior to taking adverse action against an individual, the state agency must notify the individual of the findings, the opportunity to contest the findings, and the date by which the individual must respond to the notice, in accordance with 5 U.S.C. § 552a(p)(1).
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Opportunity to Contest Findings. If the SPAA intends to reduce, suspend, terminate or deny benefits as the result of information provided by this matching program, the SPAA must provide the affected individual proper notice of its findings and an opportunity to contest the findings at a fair hearing in accordance with 42 C.F.R. § 431.200-250 for the Medicaid program, 7 C.F.R. § 273.15 for the Supplemental Nutrition Assistance Program, and State- established procedures for the TANF program.
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Opportunity to Contest Findings. HUD recognizes that information obtained from the NDNH is not conclusive evidence of the wage and employment information of an identified individual, but is an indication that further verification is warranted. HUD has established and implemented procedures for HUD and authorized entities to which information is redisclosed to verify information produced in the matching program and to provide the affected individual an opportunity to contest findings. Such procedures provide that prior to taking adverse action against an individual, HUD shall independently verify the information produced in the matching program; notify the individual of any findings; and inform the individual of the opportunity to contest such findings in accordance with subsections (p)(1) and (2) of the Privacy Act. 5 U.S.C. § 552a(p)(1) and (2). These procedures are set forth in 24 CFR 5.236, 24 CFR 966.4(l)(3), 24 CFR 982.555, and related HUD directives and are applicable to authorized entities.
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Opportunity to Contest Findings. SSA will not take action to reduce, suspend, or terminate disability benefits based on information obtained from this matching program until: 1. SSA provides notice to the affected individual that informs the individual of the results of SSA's verification of the information and his or her opportunity to contest the findings. 2. SSA gives the affected individual, under applicable SSA regulations and procedures, 10 days to respond to the notice before SSA takes any adverse action as a result of the comparison information. 20 C.F.R. §404.1595(c). 3. In the event that the individual does not respond to the notice in the required time, SSA concludes that the comparison results provided by OCSE are correct and makes the necessary adjustment to the individual's DI payment.
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Opportunity to Contest Findings. Before making an unfavorable decision on an Extra Help application or redetermination based on the comparison results received from the match, SSA will provide a written, Pre-Decisional Notice (for initial Extra Help applications) or Notice of Planned Action (for redeterminations) to each individual for whom SSA decides such adverse action is necessary with the following information: 1. SSA received information that will have an adverse effect on the individual's eligibility for Extra Help; 2. Explain the effective date of any adjustment; 3. The individual has 10 days to contest any adverse decision and submit evidence, if required, to support a decision that full or partial subsidy should be awarded before SSA takes any adverse action because of the comparison information.
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Opportunity to Contest Findings. SSA will not take action to reduce, suspend, or terminate SSI or DI benefits based on information obtained from this matching program until: 1. SSA provides notice to the affected individual that informs that individual of the results of SSA’s verification of the information and his or her opportunity to contest the findings; 2. Under applicable SSA regulations and procedures, the affected individual is given 10 days to respond to the notice before SSA takes any adverse action as a result of the comparison information (20 C.F.R. 404.1595(c), 416.996, and 416.1336); 3. The notice clearly states that, unless the individual responds to the notice in the required time, SSA will conclude that the comparison results provided by OCSE are correct and will make the necessary adjustment to the individual’s payment. 4. SSA will not take any action against a beneficiary solely because of the findings from this matching program.
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Opportunity to Contest Findings. Before taking any adverse action based solely on the information received from the match and where the veteran has failed to return the VA Form 00-0000-0, VA agrees to provide written notice, as part of the predetermination notice, which will inform the individual: 1. That the VA has received information from DMDC which indicates the number of training days when the veteran was paid for military service, indicating that the individual received DoD/USCG pay and allowances for such service, that he or she also received VA disability compensation or pension benefits payments based on his or her previous military service as well for the same period of time, that receipt of both payments is not authorized by law, that the individual must make an election as to which payment he or she wishes to receive, and that failure to make an election or to respond will result in a withholding from future VA benefits. VA also will advise the individual that he or she has the right to present new evidence and the right to a hearing. 2. That the individual has 60 days in which to contest and respond to the information provided by the VA. 3. That, unless the individual notifies the VA that the information is not accurate within 60 days from the date of the notice, VA will conclude that the data provided by DMDC is correct and will take appropriate action to prospectively withhold the individual’s benefits for the same number of days for which he or she received DoD pay.
Sample 1
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Opportunity to Contest Findings. SSA will not take action to reduce, suspend, or terminate SSI or DI benefits based on information obtained from this matching program until: 1. SSA provides notice to the affected individual that informs that individual of the results of SSA’s verification of the information and his or her opportunity to contest the findings; 2. Under applicable SSA regulations and procedures, the affected individual is given 3. The notice clearly states that, unless the individual responds to the notice in the required time, SSA will conclude that the comparison results provided by OCSE are correct and will make the necessary adjustment to the individual’s payment. 4. SSA will not take any action against a Ticket beneficiary solely because of the findings from this matching program.
Sample 1
Opportunity to Contest Findings. Before making an unfavorable decision on an Extra Help application or redetermination based on the comparison results received from the match, SSA will provide a written, Pre-Decisional Notice (for initial Extra Help applications) or Notice of Planned Action (for redeterminations) to each individual for whom SSA decides such adverse action is necessary with the following information: 1. SSA received information that will have an adverse effect on the individual's eligibility for Extra Help; 2. Explain the effective date of any adjustment; 3. The individual has 10 days to contest any adverse decision and submit evidence, if required, to support a decision that a full or partial subsidy should be awarded, before SSA takes any adverse action because of the comparison information. 20 CFR 418.3501, 418.3505, and 418.3510, and 4. Unless the individual contests the proposed adverse action in the required 10-day time period, SSA will conclude that the information provided by OCSE is correct and will make the necessary determination of eligibility for Extra Help.
Sample 1

Related to Opportunity to Contest Findings

  • Opportunity To Consult With Independent Advisors The Executive acknowledges that he or she has been afforded the opportunity to consult with independent advisors of his choosing including, without limitation, accountants or tax advisors and counsel regarding both the benefits granted to him under the terms of this Agreement and the (i) terms and conditions which may affect the Executive's right to these benefits and (ii) personal tax effects of such benefits including, without limitation, the effects of any federal or state taxes, Section 280G of the Code, and any other taxes, costs, expenses or liabilities whatsoever related to such benefits, which in any of the foregoing instances the Executive acknowledges and agrees shall be the sole responsibility of the Executive notwithstanding any other term or provision of this Agreement. The Executive further acknowledges and agrees that the Bank shall have no liability whatsoever related to any such personal tax effects or other personal costs, expenses, or liabilities applicable to the Executive and further specifically waives any right for himself or herself, and his or her heirs, beneficiaries, legal representatives, agents, successor and assign to claim or assert liability on the part of the Bank related to the matters described above in this Section 9.13. The Executive further acknowledges that he or she has read, understands and consents to all of the terms and conditions of this Agreement, and that he or she enters into this Agreement with a full understanding of its terms and conditions.

  • Opportunity to Defend The indemnifying party may elect to compromise or defend, at its own expense and by its own counsel, any Asserted Liability; provided, however, the indemnifying party may not compromise or settle any Asserted Liability without the prior written consent of the indemnified party (which consent will not be unreasonably withheld, conditioned or delayed) unless (i) such compromise or settlement requires no more than a monetary payment for which the indemnified party hereunder is fully indemnified and such settlement provides a complete release of, or dismissal with prejudice of, all claims against the indemnified party for all matters that were or could have been asserted in connection with such claim, or (ii) involves no other matters binding upon the indemnified party (other than obligations of confidentiality). If the indemnifying party elects to compromise or defend such Asserted Liability, it will within thirty (30) calendar days from receipt of the Claims Notice notify the indemnified party of its intent to do so, and the indemnified party will cooperate, at the expense of the indemnifying party, in the compromise of, or defense against, such Asserted Liability. If the indemnified party fails to cooperate, then each indemnifying party will be relieved of its obligations under this Section 6 only to the extent that such indemnifying party is prejudiced by such failure to cooperate. Unless and until the indemnifying party elects to defend the Asserted Liability, the indemnified party will have the right, at its option, to do so in such manner as it deems appropriate; provided, however, that the indemnified party will not settle or compromise any Asserted Liability for which it seeks indemnification hereunder without the prior written consent of the indemnifying party (which will not be unreasonably withheld, conditioned or delayed). The indemnifying party will be entitled to participate in (but not to control) the defense of any Asserted Liability that it has elected not to defend with its own counsel and at its own expense.

  • Opportunity to Review Customer declares that it has had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.

  • Opportunity to Ask Questions You have had the opportunity to ask questions about the Company and the investment. All your questions have been answered to your satisfaction.

  • Right to Consult Counsel The Warrant Agent may at any time consult with legal counsel satisfactory to it (who may be legal counsel for the Company), and the Warrant Agent shall incur no liability or responsibility to the Company or to any Holder for any action taken, suffered or omitted by it in good faith in accordance with the opinion or advice of such counsel.

  • Opportunity to Remedy If the Funder considers that it is appropriate to allow the HSP an opportunity to remedy a breach of this Agreement, the Funder may give the HSP an opportunity to remedy the breach by giving the HSP Notice of the particulars of the breach and of the period of time within which the HSP is required to remedy the breach. The Notice will also advise the HSP that the Funder may terminate this Agreement: at the end of the Notice period provided for in the Notice if the HSP fails to remedy the breach within the time specified in the Notice; or prior to the end of the Notice period provided for in the Notice if it becomes apparent to the Funder that the HSP cannot completely remedy the breach within that time or such further period of time as the Funder considers reasonable, or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder.

  • Right to Contest Borrower, at its own expense, may contest by appropriate legal proceedings, conducted diligently and in good faith, the amount or validity of any Imposition other than Insurance premiums and Ground Rent (if applicable), if: (i) Borrower notifies Lender of the commencement or expected commencement of such proceedings, (ii) the Mortgaged Property is not in danger of being sold or forfeited, (iii) if Borrower has not already paid the Imposition, Borrower deposits with Lender reserves sufficient to pay the contested Imposition, if requested by Lender, and (iv) Borrower furnishes whatever additional security is required in the proceedings or is reasonably requested by Lender, which may include the delivery to Lender of reserves established by Borrower to pay the contested Imposition.

  • Authority to Contract Each Party represents and warrants that it has full right, power and authority to enter into and perform its obligations under this Agreement, and that the person signing this Agreement is duly authorized to enter into this Agreement on its behalf.

  • Opportunity to Cure The COUNTY may, at its sole discretion, provide the AGENCY with a Notice to Cure a breach of this Contract. If the AGENCY fails to cure the breach to the COUNTY’S satisfaction within the time provided in the Notice to Cure, the COUNTY may terminate this Contract for cause.

  • Notice and Opportunity to Defend Promptly after the receipt by Buyer or the Company and/or the Seller of notice of any action, proceeding, claim or potential claim (any of which is hereinafter individually referred to as a “Circumstance”) which could give rise to a right to indemnification under this Agreement, such party (the “Indemnified Party”) shall give prompt written notice to the party or parties who may become obligated to provide indemnification hereunder (the “Indemnifying Party”). Such notice shall specify in reasonable detail the basis and amount, if ascertainable, of any claim that would be based upon the Circumstance. The failure to give such notice promptly shall relieve the Indemnifying Party of its indemnification obligations under this Agreement, unless the Indemnified Party establishes that the Indemnifying Party either had knowledge of the Circumstance or was not prejudiced by the failure to give notice of the Circumstance. The Indemnifying Party shall have the right, at its option, to compromise or defend the claim, at its own expense and by its own counsel, and otherwise control any such matter involving the asserted liability of the Indemnified Party, provided that any such compromise or control shall be subject to obtaining the prior written consent of the Indemnified Party which shall not be unreasonably withheld. An Indemnifying Party shall not be liable for any costs of settlement incurred without the written consent of the Indemnifying Party. If any Indemnifying Party undertakes to compromise or defend any asserted liability, it shall promptly notify the Indemnified Party of its intention to do so, and the Indemnified Party agrees to cooperate fully with the Indemnifying Party and its counsel in the compromise of or defense against any such asserted liability. All costs and expenses incurred in connection with such cooperation shall be borne by the Indemnifying Party, provided such costs and expenses have been previously approved by the Indemnifying Party. In any event, the Indemnified Party shall have the right at its own expense to participate in the defense of an asserted liability.

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