Common use of Request for Hearing Clause in Contracts

Request for Hearing. 19.5.1 The Unit Member shall have five (5) calendar days following service of the Notice of Proposed Suspension to request a hearing. The request for hearing should be made in writing to the Federation and the District. Should the Federation agree that a hearing is appropriate; the Federation shall have five (5) calendar days following service of its copy of the Request for Hearing to notify the Superintendent. Unless otherwise agreed by the District and the Federation, the hearing will be conducted by an administrative law judge from the State Office of Administrative Hearings. 19.5.2 If a Unit Member fails to request a hearing within the timelines called for in this article, or the Federation believes the hearing is unnecessary, or does not notify the Superintendent within the five (5) day period set forth in Section 19.5.1 above, the proposed suspension may be implemented. Unless otherwise agreed between the Federation and the District, the terms of the suspension shall be in accordance with the terms of the original Notice of Proposed Suspension. 19.5.3 If the Unit Member and the Federation have requested a hearing, the imposition of any suspension exceeding three (3) days shall be stayed until the hearing has been conducted and a decision rendered. If the suspension is for three (3) days or less, the hearing may be held after the suspension. If a post hearing suspension is held as per this section, the administrative law judge may, upon finding the suspension inappropriate, restore all losses to the suspended employee.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Request for Hearing. 19.5.1 The Unit Member unit member shall have five (5) calendar days following service of the Notice of Proposed Suspension to request a hearing. The request for hearing should be made in writing to the Federation and the District. Should the Federation agree that a hearing is appropriate; the Federation shall have five (5) calendar days following service of its copy of the Request for Hearing to notify the Superintendent. Unless otherwise agreed by the District and the Federation, the hearing will be conducted by an administrative law judge from the State Office of Administrative Hearings. 19.5.2 If a Unit Member unit member fails to request a hearing within the timelines called for in this article, or the Federation believes the hearing is unnecessary, or does not notify the Superintendent within the five (5) day period set forth in Section 19.5.1 above, the proposed suspension may be implemented. Unless otherwise agreed between the Federation and the District, the terms of the suspension shall be in accordance with the terms of the original Notice of Proposed Suspension. 19.5.3 If the Unit Member unit member and the Federation have requested a hearing, the imposition of any suspension exceeding three (3) days shall be stayed until the hearing has been conducted and a decision rendered. If the suspension is for three (3) days or less, the hearing may be held after the suspension. If a post hearing suspension is held as per this section, the administrative law judge may, upon finding the suspension inappropriate, restore all losses to the suspended employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Request for Hearing. 19.5.1 The Unit Member unit member shall have five (5) calendar days following service of the Notice of Proposed Suspension to request a hearing. The request for hearing should be made in writing to the Federation and the District. Should the Federation agree that a hearing is appropriate; the Federation shall have five (5) calendar days following service of its copy of the Request for Hearing to notify the Superintendent. Unless otherwise agreed by the District and the Federation, the hearing will be conducted by an administrative law judge from the State Office of Administrative Hearings. 19.5.2 If a Unit Member unit member fails to request a hearing within the timelines called for in this article, or the Federation believes the hearing is unnecessary, or does not notify the Superintendent within the five (5) day period set forth in Section 19.5.1 20.5.1 above, the proposed suspension may be implemented. Unless otherwise agreed between the Federation and the District, the terms of the suspension shall be in accordance with the terms of the original Notice of Proposed Suspension. 19.5.3 If the Unit Member unit member and the Federation have requested a hearing, the imposition of any suspension exceeding three (3) days shall be stayed until the hearing has been conducted and a decision rendered. If the suspension is for three (3) days or less, the hearing may be held after the suspension. If a post hearing suspension is held as per this section, the administrative law judge may, upon finding the suspension inappropriate, restore all losses to the suspended employee.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Request for Hearing. 19.5.1 The Unit Member unit member shall have five (5) calendar days following service of the Notice of Proposed Suspension to request a hearing. The request for hearing should be made in writing to the Federation and the District. Should the Federation agree that a hearing is appropriate; , the Federation shall have five (5) calendar days following service of its copy of the Request for Hearing to so notify the Superintendent. Unless otherwise agreed by the District and the Federation, the hearing will be conducted by an administrative law judge from the State Office of Administrative Hearings. 19.5.2 If a Unit Member unit member fails to request a hearing within the timelines called for in this article, or the Federation believes the hearing is unnecessary, or does not notify the Superintendent within the five (5) day period set forth in Section 19.5.1 20.5.1 above, the proposed suspension may be implemented. Unless otherwise agreed between the Federation and the District, the terms of the suspension shall be in accordance with the terms of the original Notice of Proposed Suspension. 19.5.3 If the Unit Member unit member and the Federation have requested a hearing, the imposition of any suspension exceeding three (3) days shall be stayed until the hearing has been conducted and a decision rendered. If the suspension is for three (3) days or less, the hearing may be held after the suspension. If a post hearing suspension is held as per this section, the administrative law judge may, upon finding the suspension inappropriate, restore all losses to the suspended employee.

Appears in 1 contract

Samples: Federation of Teachers Agreement

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