Common use of Post-determination Hearing Clause in Contracts

Post-determination Hearing. A. A permanent employee who is suspended without pay or dismissed and who has participated in a predetermination conference and received a “Notice of Final Action” as described in paragraphs 5.03B and C above shall be entitled to a de novo evidentiary hearing in accordance with the procedures outlined in the Florida Administrative Procedures Act, Chapter 120, and Florida Statutes. An employee must elect in writing to proceed with such a hearing or to proceed with a grievance under Article III within ten (10) days of receipt of a “Notice of Final Action” (see paragraph 5.03C3 above). If an employee elects to file a grievance, it shall be filed at Step II. Alternatively, the employee may choose not to request a review of the determination contained in the “Notice of Final Action.” B. An employee who prevails in a post-determination hearing shall be entitled to back pay (less mitigating earnings), other equitable relief (including correction of personnel records). The amount of any monetary award for back pay shall be determined by the Board, in the exercise of its discretion, based upon the evidence submitted.

Post-determination Hearing. A. A permanent employee who is suspended without pay or dismissed and who has participated in a predetermination conference and received a “Notice of Final Action” as described in paragraphs 5.03B and C above shall be entitled to a de novo evidentiary hearing in accordance with the procedures outlined in the Florida Administrative Procedures Act, Chapter 120, and Florida Statutes. An employee must elect in writing to proceed with such a hearing or to proceed with a grievance under Article III within ten (10) days of receipt of a “Notice of Final Action” (see paragraph 5.03C3 above). If an employee elects to file a grievance, it shall be filed at Step II. Alternatively, the employee may choose not to request a review of the determination contained in the “Notice of Final Action.” B. An employee who prevails in a post-determination hearing shall be entitled to back pay (less mitigating earnings), legal interest, other equitable relief (including correction of personnel records), and reasonable attorney fees and costs. The amount of any monetary award for back pay pay, interest, and attorney fees shall be determined by the Board, in the exercise of its discretion, based upon the evidence submitted.

Post-determination Hearing. A. A permanent employee who is suspended without pay or dismissed and who has participated in a predetermination conference and received a “Notice of Final Action” as described in paragraphs 5.03B 4.03B and C above shall be entitled to a de novo evidentiary hearing in accordance with the procedures outlined in the Florida Administrative Procedures Act, Chapter 120, and Florida Statutes. An employee must elect in writing to proceed with such a hearing or to proceed with a grievance under Article III 12 within ten (10) days of receipt of a “Notice of Final Action” (see paragraph 5.03C3 4.03C3 above). If an employee elects to file a grievance, it shall be filed at Step II2. Alternatively, the employee may choose not to request a review of the determination contained in the “Notice of Final Action.” B. An employee who prevails in a post-post determination hearing shall be entitled to back pay (less mitigating earnings), other equitable relief (including correction of personnel records), and costs. The amount of any monetary award for back pay shall be determined by the Board, in the exercise of its discretion, based upon the evidence submitted.

Post-determination Hearing. A. A permanent employee who is suspended without pay or dismissed and who has participated in a predetermination conference and received a “Notice of Final Action” as described in paragraphs 5.03B 4.03B and C above shall be entitled to a de novo evidentiary hearing in accordance with the procedures outlined in the Florida Administrative Procedures Act, Chapter 120, and Florida Statutes. An employee must elect in writing to proceed with such a hearing or to proceed with a grievance under Article III 12 within ten (10) days of receipt of a “Notice of Final Action” (see paragraph 5.03C3 4.03C3 above). If an employee elects to file a grievance, it shall be filed at Step II2. Alternatively, the employee may choose not to request a review of the determination contained in the “Notice of Final Action.” B. An employee who prevails in a post-post determination hearing shall be entitled to back pay (less mitigating earnings), legal interest, other equitable relief (including correction of personnel records), and reasonable attorney fees and costs. The amount of any monetary award for back pay pay, interest, and attorney fees shall be determined by the Board, in the exercise of its discretion, based upon the evidence submitted.