Right of Appeal. 13.1 If the Administrator:
13.1.1 decides not to certify a facility or to vary a certificate which has been issued;
13.1.2 serves a notice imposing a buy-out fee under Rule 7 upon determining that a target unit has failed to meet its target; or
13.1.3 decides to vary or not to vary the target for a target unit, the Operator may appeal to the Tribunal against the decision.
13.2 In respect of an Operator which enters into an agreement after 1 April 2013, the Operator may appeal to the Tribunal against the target that has been set for the target unit by the Administrator.
13.3 For the purposes of Rule 13.2, the date on which notice of the decision is deemed to have been sent to the Operator is the later of the date the agreement is entered into or the date the Administrator sends notice to the Operator of the target for the target unit.
13.4 The grounds on which an Operator may appeal under Rule 13.1 and 13.2 are:
13.4.1 that the decision was based on an error of fact;
13.4.2 that the decision was wrong in law;
13.4.3 that the decision was unreasonable;
13.4.4 any other reason.
13.5 The bringing of an appeal suspends the effect of the decision pending final determination by the Tribunal of the appeal or its withdrawal.
13.6 On determining an appeal under these Rules the Tribunal must either:
13.6.1 affirm the decision;
13.6.2 quash the decision; or
13.6.3 vary the decision.
Right of Appeal. The member has the right to challenge the results of the drug or alcohol tests and any discipline imposed in the same manner that any other employer action under the terms of this Contract is grievable. Any evidence concerning test results that is obtained in violation of the standards contained in this Article shall not be admissible in any disciplinary proceeding involving the member.
Right of Appeal. The employee has the right to challenge the results of the drug or alcohol tests and any discipline imposed in the same manner that any other Employer action under the terms of this agreement is grievable.
Right of Appeal. A. Any regular employee, except a probationary employee, who is suspended, demoted or dismissed, may appeal such order or decision under filing notice of appeal with the Human Resources Director within five work days after service on such employee of the order as herein above provided. Probationary employees shall have no right of appeal for dismissal or demotion except as contained in Article 27 of this Agreement entitled Probationary Periods. Within 15 days from the date of service of said order upon the employee, such employee shall file with the Human Resources Director an answer in writing to the charges set forth in the order of disciplinary action. The Human Resources Director shall review said order, notice of appeal, and answer, and shall then discuss the disciplinary action and appeal with the employee and/or his or her representative and the Department Head in order to determine if a hearing is necessary.
B. In the event an agreement regarding disposition of the matter cannot be reached within 15 days after filing of the answer to the charges, and upon the request of the employee, the Human Resources Director will contact the State of California Office of Administrative Hearings to request the assignment of a Hearing Officer to hear the appeal. In the event the Office of Administrative Hearings cannot provide an Administrative Law Judge to preside over the hearing within 30 days from the date of the appeal, the parties may directly select a neutral third party to hear the matter and render a decision. The employee and/or his or her representative must agree within ten days to a hearing date after contact by the Human Resources Director or the appeal will be considered to have been abandoned by the employee and will not be scheduled. Said Hearing Officer will commence hearing the matter as soon as possible.
C. If any employee alleges that the suspension, demotion, or dismissal resulted from discrimination based on race, color, religion, sex, handicap, medical condition, marital status, age, ancestry or national origin, an appeal will be heard on this issue only if the employee's allegation is supported by a written statement of grounds or reasons which are deemed by the Hearing Officer to be sufficiently clear and concrete to permit a hearing. The written statement of grounds must be served on County Counsel at least 15 calendar days prior to the hearing. The County Counsel must then serve the employee with a response to the allegation(s) at leas...
Right of Appeal a. Regular civil service status employees receiving a notice of layoff shall have the right to appeal only whether or not there was compliance with the procedures prescribed in this Article.
b. The right of appeal is limited to the scope and process provided in this section, "Appeal of Layoff".
c. The scope of any appeal shall not include such issues as the need for layoff, the reasons for layoff, or the exercise of other County prerogatives involved in layoff.
d. Probationary, Temporary and Extra Help appointments have no right of appeal of a notice of layoff. Questions and disputes regarding regular civil service status shall be determined by the Civil Service Commission in accordance with their rules, regulations and procedures.
Right of Appeal. A claimant who has a claim denied wholly or partially under Section 9.2 may appeal to the Administrator for reconsideration of that claim. A request for reconsideration under this Section must be filed by written notice within sixty (60) days (one-hundred and eighty (180) days if the claim is on account of Disability) after receipt by the claimant of the notice of denial under Section 9.2.
Right of Appeal. Should an error be found by a Member, the Member will have twenty-five (25) working days to request corrections from a Human Resources Staff person. Failing resolution of the problem, an Appeal Committee consisting of the OSSTF Secondary Staffing Committee will decide the granting of requested corrections. The decision of the Appeal Committee shall be final and binding on all parties.
ARTICLE 21 REDUNDANCY, RECALL, TRANSFER, AND SURPLUS PROCEDURES
Right of Appeal. You have the right to appeal as explained in the COMPLAINT AND APPEAL PROCEDURES section of this Certificate. Pharmacy benefits are not available for:
Right of Appeal. Within fifteen (15) days of receipt of the written recommendation of the Committee on Service, the employee may notify the President of his/her intent to appeal the recommendation.
Right of Appeal. The employee has the right to challenge the results of the drug or alcohol tests and any discipline imposed in the same manner that any other employer action under the terms of this Contract is grievable. Any evidence concerning test results which is obtained in violation of the standards contained in this Article shall not be admissible in any disciplinary proceeding involving the employee, unless the City establishes that deviation from such standards has not affected the reliability, accuracy, or verification of the test results.
