Arbitrary or capricious definition

Arbitrary or capricious means a decision that is not based on legitimate business needs or that is knowingly false.
Arbitrary or capricious means a determination or action done without rational basis, or done in bad faith, or that it constituted disparate treatment, or that it was based on unlawful discrimination.
Arbitrary or capricious means without a principled basis or in a manner that substantially deviates from applicable policies.

Examples of Arbitrary or capricious in a sentence

  • The evidence presented must specifically address and be limited to one or more of the following:• Violation of State or Federal law.• Irregularities creating fundamental unfairness; or• Arbitrary or capricious award.

  • The court may reverse or modify the Department’s decision if it determines the administrative findings, inferences, conclusions, or decisions are: ◾ In violation of constitutional or statutory provisions; ◾ In excess of the statutory authority of the agency; ◾ Made upon lawful procedure; ◾ Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or ◾ Unsupported by evidence that is both substantial and material considering the entire record.

  • See also Non-reappointment; Pay grades; Semester appointments and assignments Arbitrary or capricious actions management rights and, 6 paid administrative leave as, 20 regarding sick leave, 47 regarding suspension or termination, 22 management rights and, 5 of number of credits of service, 38 of objections over agency fees, 10 processing of grievances to, 16, 18 Assignments.

  • Arbitrary or capricious is defined as a decision made in disregard of the facts or without a reasoned basis.

  • The evidence presented must specifically address and be limited to one or more of the following: Violation of law; Irregularities creating fundamental unfairness; or Arbitrary or capricious award Evidence of any type that cannot be related to this criteria may be ruled inadmissible by the presiding officer.

  • Further, Mississippi statutory law sets the standard of review of a school board's decision not to renew an employment contract:The scope of review of the chancery court in such cases shall be limited to a review of the record made before the school board or hearing officer to determine if the action of the school board is unlawful for the reason that it was: (a) Not supported by substantial evidence; (b) Arbitrary or capricious; or(c) In violation of some statutory or constitutional right of the employee.

  • Arbitrary or capricious authority characterises an undemocratic regime; and students, particularly students currently ill-served by schools, bridle under one and are denied an education under the other.

  • Arbitrary or capricious enforcement actions undermine the fairness and effectiveness of an enforcement regime.In this paper, we will look at ways for regulatory authorities to effectively enforce domestic telecommunications laws.

  • As to the assessment of leaseholds in general, West Virginia Code § 11-5-4 provides: [I]n cases of the assessment of leasehold estates a sum equal to the valuations placed upon such leasehold estates (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

  • The Union will not act in an Arbitrary or capricious manner relative to such a request.


More Definitions of Arbitrary or capricious

Arbitrary or capricious means that management determined the grievant’s rating without regard to the facts, by pure will or whim. An arbitrary or capricious performance evaluation is one that no reasonable person could make after considering all available evidence. If an evaluation is fairly debatable (meaning that reasonable persons could draw different conclusions), it is not arbitrary or capricious. Thus, mere disagreement with the evaluation or with the reasons assigned for the ratings is insufficient to qualify an arbitrary or capricious performance evaluation claim for hearing when there is adequate documentation in the record to support the conclusion that the evaluation had a reasoned basis related to established expectations.9
Arbitrary or capricious means doing something according to one’s will or whim (as in a sudden, unpredictable change). An action or decision is arbitrary if it is not supported by logic or the necessary facts, or if it is made in the absence of decision-making criteria consistent with USU policy and procedures. An action or decision is capricious if it is adopted without thought or reason, or is irrational.
Arbitrary or capricious means that management determined the rating without regard to the facts, by pure will or whim. An arbitrary or capricious performance evaluation is one that no reasonable person could make after considering all available evidence. If an evaluation is fairly debatable (meaning that reasonable persons could draw different conclusions), it is not arbitrary or capricious. Thus, mere disagreement with the evaluation or with the reasons assigned for the ratings is insufficient to qualify an arbitrary or capricious performance evaluation claim for a
Arbitrary or capricious means without a principled basis or in a manner that substantially deviates from applicable policies. [Policy 6-400 Section I.B]

Related to Arbitrary or capricious

  • Plan Administrator means the plan administrator described in Article 8.

  • the Committee means the Committee of Management of the Association referred to in rule 10 (1);

  • Discriminatory Change in Law means a Change in Law, the terms of which apply expressly to:

  • Unlawful discrimination means any complaint of unlawful discrimination based on a category protected under Title 5, section 59300, including sexual harassment and retaliation.

  • upheld means that a complaint has been finalised wholly or partially in favour of the complainant and that—

  • Section 16 Officer means every person who is directly or indirectly the beneficial owner of more than ten percent (10%) of any class of any equity security (other than an exempted security) which is registered pursuant to Section 12 of the Securities Exchange Act of 1934. Section 16 officers include officers or directors of the issuer of such security, and those who perform a policy-making function for the issuer. See Section 16 of the Securities Exchange Act of 1934. The Nuveen Fund Board approves the list of Section 16 Officers for the Nuveen Funds on an annual basis. This list is maintained in the Legal Department in Chicago and includes portfolio managers, traders, and other access persons responsible for making policy related decisions.

  • Reviewing Party any appropriate person or body consisting of a member or members of the Company's Board of Directors or any other person or body appointed by the Board who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or Independent Legal Counsel.

  • Unsubstantiated means the same as that term is defined in Section 62A-4a-101.

  • non-discriminatory means treatment no less favourable than that accorded to any other user of like public telecommunications networks or services in like circumstances;

  • Administrator means the Board or any of its Committees as will be administering the Plan, in accordance with Section 4 of the Plan.

  • Decision means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy.

  • Frivolous means that at least 1 of the following conditions is met:

  • Decisive Influence means a person having, as a result of an agreement or through the ownership of shares or interests in another person (directly or indirectly):

  • Undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors:

  • Substantiated means an abuse investigation has been completed by the Department or the Department's designee and the preponderance of the evidence establishes the abuse occurred.

  • Gross Misconduct means any act or omission of the Contractor in violation of the most elementary rules of diligence which a conscientious Contractor in the same position and under the same circumstance would have followed.

  • Standard of Conduct Determination shall have the meaning ascribed to it in Section 9(b) below.

  • Length of an academic term means the total number of school days in a single trimester or semester, as defined by the board of directors.

  • Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

  • Administrative Committee means the committee in charge of Plan administration, as described in Article VII.

  • Discipline means any action taken by a school district in response to behavioral violations.

  • Denied means the insurer refuses to pay a claim for any reason other than for claims not paid for failure to meet the waiting period or because of an applicable preexisting condition; and

  • Adjudicator means the person named in Appendix 2 of the Contract Agreement, appointed by agreement between the Procuring Entity and the Supplier to make a decision on or to settle any

  • Adverse determination shall have the meaning set forth in Section 19.7.

  • Interpreting means the process of translating communication between hearing individuals, who communicate in spoken language, and individuals who communicate in sign language. Interpreters must be able to listen to an individual’s words, inflections, and intent and simultaneously render them into sign language using the mode of communication preferred by the Customer. The Interpreter must also be able to comprehend the signs, inflections, and intent of the Customer and speak them in articulate, appropriate English.

  • Reviewing Authority means the Alberta Securities Commission.