Waiver Denials: Programs Clause Samples
The "Waiver Denials: Programs" clause establishes the rules and procedures for handling situations where a request to waive certain program requirements is denied. Typically, this clause outlines the process by which waiver requests are reviewed, the criteria for denial, and any subsequent steps or appeals available to the requesting party. For example, if a participant in a program seeks exemption from a specific rule and the waiver is not granted, this clause would dictate how that denial is communicated and what recourse, if any, the participant has. Its core function is to ensure transparency and consistency in the administration of program waivers, thereby reducing confusion and potential disputes over denied requests.
Waiver Denials: Programs. If the waiver is not granted to the program by the NRMP, the program will be expected to offer the matched position(s) to the applicant(s) included in the program's waiver request. If the program does not offer the matched position(s), the NRMP will initiate an investigation to determine whether the program has violated the terms of this Agreement. If an applicant requests a waiver from the NRMP and/or informs the matched program of the desire for a waiver, the program shall not discuss the matched position with any other candidate or the applicant’s eligibility with any other program or offer the matched position to any other candidate until either (a) the matched applicant has informed the NRMP in writing that he/she will not accept the matched position if his/her waiver request is denied by the NRMP and the program has been notified by the NRMP that it has been granted a waiver, or (b) the waiver is granted by the NRMP. If the NRMP receives information that the program has discussed, interviewed for, or offered the position to another candidate before it has been notified by the NRMP that either of the foregoing conditions has occurred, the NRMP will initiate an investigation to determine whether the program has violated the terms of this Agreement. All programs sponsored by a Match-participating institution are prohibited from offering a position or a new training year, regardless of the start date, to an applicant who is ineligible to accept or start a position or a new training year because a waiver request was denied by the NRMP. Such prohibition applies to all positions and new training years that have a start date within one year from the date of the NRMP's decision. If any program at a Match-participating institution, regardless of the program’s Match participation status, offers a position or a new training year at any time during the one-year period to an applicant whose waiver was denied or if the applicant accepts or starts such a position, the NRMP will initiate an investigation to determine whether the applicant, the program, and/or the institution has violated the terms of this Agreement. If the NRMP initiates an investigation to determine whether a program or applicant has violated the terms of this Agreement, the NRMP will follow the procedures set forth in Section 7.0 of this Agreement.
Waiver Denials: Programs. If the waiver is not granted to the program by the NRMP, the program will be expected to offer the position(s) to the applicant(s) included in the program's waiver request. If the program does not offer the position(s), the NRMP will initiate an investigation to determine whether the program has violated the terms of applicable Match Participation Agreement. If an applicant requests a waiver from the NRMP and/or informs the program of the desire for a waiver, the program shall not discuss the position with any other candidate or the applicant’s eligibility with any other program or offer the position to any other candidate until either (a) the applicant has informed the NRMP in writing that he/she will not accept the position if his/her waiver request is denied by the NRMP and the program has been notified by the NRMP that it has been granted a waiver, or