Procedure for dealing with an appeal Sample Clauses

Procedure for dealing with an appeal. 1. The period during the date of the deadline for submitting the written defence and the date it will be dealt with by the Commission will be at least 21 days. 2. The Commission will deal with the case preferably within two months, but at the latest within four months of submission of the appeal by the secretary. Exemption may be granted under restrictions; conditions and/or regulations may be applied. 3. If the Commission sees a reason to do so on the grounds of the appeal and/or written defence, it can request parties for additional written reactions and/or information. In each case, the Commission sets the deadline for receipt of these documents by the secretary. If further reactions and/or information are requested, the case will be dealt with by the Commission preferably within four months, but at the latest within six months of the appeal being submitted to the secretary. 4. If the Commission sees a reason to do so, it can summon parties, witnesses or experts to give further information. Such a summons takes place at least 14 days before the case is dealt with. 5. The Commission takes a decision by majority vote and determines its binding advice outside the presence of parties to the dispute. 6. The Commission determines what costs are to be charged to which party. If the costs are charged to the employee (in whole or in part), the employer is entitled to deduct this sum from the salary owed to the employee by the employer, in compliance with the legal provisions and with the obligation to pay the amount owed to the Commission within one week of the deduction. The parties’ costs do not include the costs of any legal aid. 7. The advice is drawn up in writing, giving reasons. A copy of the advice signed by the chair and the secretary is sent to each of the parties and to all members and deputy members of the Commission within the set term (four or six months). 8. Due to the importance of the advice for the CAO and for collective bargaining, the Commission may decide to send the anonymised advice to the Social Partners. Parties to the dispute will be notified of this.
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Procedure for dealing with an appeal. 1. The period during the date of the deadline for submitting the written defence and the date it will be dealt with by the Commission will be at least 21 days. 2. The Commission will deal with the case preferably within two months, but at the latest within four months of submission of the appeal by the secretary. Exemption may be granted under restrictions; conditions and/or regulations may be applied.
Procedure for dealing with an appeal. 1. The period during the date of the deadline for submitting the written defence and the date it will be dealt with by the Commission will be at least 21 days. 2. The Commission will deal with the case preferably within two months, but at the latest within four months of submission of the appeal by the secretary. Exemption may be granted under restrictions; conditions and/or regulations may be applied. 3. If the Commission sees a reason to do so on the grounds of the appeal and/or written defence, it can request parties for additional written reactions and/or information. In each case, the Commission sets the deadline for receipt of these documents by the secretary. If further reactions and/or information are requested, the case will be dealt with by the Commission preferably within four months, but at the latest within six months of the appeal being submitted to the secretary. 4. If the Commission sees a reason to do so, it can summon parties, witnesses or experts to give further information. Such a summons takes place at least 14 days before the case is dealt with.

Related to Procedure for dealing with an appeal

  • PROCEDURE FOR NOTIFICATION AND APPLICATION FOR INDEMNIFICATION (a) Indemnitee agrees to notify promptly the Company in writing upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any Proceeding, claim, issue or matter therein which may be subject to indemnification, hold harmless or exoneration rights, or advancement of Expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement, or otherwise. (b) Indemnitee may deliver to the Company a written application to indemnify, hold harmless or exonerate Indemnitee in accordance with this Agreement. Such application(s) may be delivered from time to time and at such time(s) as Indemnitee deems appropriate in his or her sole discretion. Following such a written application for indemnification by Indemnitee, Indemnitee’s entitlement to indemnification shall be determined according to Section 12(a) of this Agreement.

  • PROCEDURE UPON APPLICATION FOR INDEMNIFICATION (a) A determination, if required by applicable law, with respect to Indemnitee’s entitlement to indemnification shall be made in the specific case by one of the following methods, which shall be at the election of Indemnitee: (i) by a majority vote of the Disinterested Directors, even though less than a quorum of the Board, (ii) by a committee of such directors designated by majority vote of such directors, (iii) if there are no Disinterested Directors or if such directors so direct, by Independent Counsel in a written opinion to the Board, a copy of which shall be delivered to Indemnitee, or (iv) by vote of the stockholders. The Company promptly will advise Indemnitee in writing with respect to any determination that Indemnitee is or is not entitled to indemnification, including a description of any reason or basis for which indemnification has been denied. If it is so determined that Indemnitee is entitled to indemnification, payment to Indemnitee shall be made within ten (10) days after such determination. Indemnitee shall reasonably cooperate with the person, persons or entity making such determination with respect to Indemnitee’s entitlement to indemnification, including providing to such person, persons or entity upon reasonable advance request any documentation or information which is not privileged or otherwise protected from disclosure and which is reasonably available to Indemnitee and reasonably necessary to such determination. Any costs or Expenses incurred by Indemnitee in so cooperating with the person, persons or entity making such determination shall be borne by the Company (irrespective of the determination as to Indemnitee’s entitlement to indemnification) and the Company hereby agrees to indemnify and to hold Indemnitee harmless therefrom. (b) In the event the determination of entitlement to indemnification is to be made by Independent Counsel pursuant to Section 12(a) hereof, the Independent Counsel shall be selected as provided in this Section 12(b). The Independent Counsel shall be selected by Indemnitee (unless Indemnitee shall request that such selection be made by the Board), and Indemnitee shall give written notice to the Company advising it of the identity of the Independent Counsel so selected and certifying that the Independent Counsel so selected meets the requirements of “Independent Counsel” as defined in Section 2 of this Agreement. If the Independent Counsel is selected by the Board, the Company shall give written notice to Indemnitee advising Indemnitee of the identity of the Independent Counsel so selected and certifying that the Independent Counsel so selected meets the requirements of “Independent Counsel” as defined in Section 2 of this Agreement. In either event, Indemnitee or the Company, as the case may be, may, within ten (10) days after such written notice of selection shall have been received, deliver to the Company or to Indemnitee, as the case may be, a written objection to such selection; provided, however, that such objection may be asserted only on the ground that the Independent Counsel so selected does not meet the requirements of “Independent Counsel” as defined in Section 2 of this Agreement, and the objection shall set forth with particularity the factual basis of such assertion. Absent a proper and timely objection, the person so selected shall act as Independent Counsel. If such written objection is so made and substantiated, the Independent Counsel so selected may not serve as Independent Counsel unless and until such objection is withdrawn or a court of competent jurisdiction has determined that such objection is without merit. If, within twenty (20) days after submission by Indemnitee of a written request for indemnification pursuant to Section 11(b) hereof, no Independent Counsel shall have been selected and not objected to, either the Company or Indemnitee may petition the Delaware Court for resolution of any objection which shall have been made by the Company or Indemnitee to the other’s selection of Independent Counsel and/or for the appointment as Independent Counsel of a person selected by the Delaware Court, and the person with respect to whom all objections are so resolved or the person so appointed shall act as Independent Counsel under Section 12(a) hereof. Upon the due commencement of any judicial proceeding or arbitration pursuant to Section 14(a) of this Agreement, Independent Counsel shall be discharged and relieved of any further responsibility in such capacity (subject to the applicable standards of professional conduct then prevailing).

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