De Novo Review definition

De Novo Review means a review of an appeal without deference to prior decisions in the case.
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De Novo Review means a hearing by the review body as if the action had not previously been heard and as if no decision had been rendered, except that all testimony, evidence and other material from the record of the previous consideration will be considered a part of the record on review.
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De Novo Review means a review of an appeal without deference to prior decisions in the case and can include making new findings of fact based on the appeal record.
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Examples of De Novo Review in a sentence

  • Board Review of Determinations of Hearing Officers 122 (a) Petition for Review of Initial Decision by Hearing Officers 122 (b) Review on Board's Initiative 122 (c) De Novo Review 122 (d) Limitations on Matters Reviewed 123 (e) Summary Affirmance 123 Rule 5461.

  • De Novo Review of Petitions by District CourtsTSCA provides petitioners seeking agency rulemaking under TSCA with the extraordinary right to have the merits and substance of their petitions reviewed de novo by a district court if their petition is denied or even simply ignored by EPA.15 U.S.C. § 2620(b)(4).

  • De Novo Review California Penal Code section 136.1(a) is overly broad and not a categorical CIMT because the statute criminalizes conduct that is not intentionally fraudulent and that does not require “an intent to injure someone, an actual injury, or a protected class of victims.” Turijan, 744 F.3d at 621.

  • Cybor and Apply De Novo Review: The Federal Circuit adopted this outcome in Lighting Ballast.

  • White, Comment, A Wrong Turn on the Road to Tort Reform: The Supreme Court’s Adoption of De Novo Review in Cooper Industries v.

  • De Novo Review Contradicts This Court’s Direction as to How Courts Must Choose Standards of Review, and Reflects Insufficient Deference to the District Court’s Role.De novo review here cannot be squared with this Court’s precedents on choosing the proper standard of review generally.

  • Board Review of Determinations of Hearing Officers 114 (a) Petition for Review of Initial Decision by Hearing Officers 114 (b) Review on Board's Initiative 114 (c) De Novo Review 114 (d) Limitations on Matters Reviewed 114 (e) Summary Affirmance 115 Rule 5461.

  • De Novo Review in Federal Cases for Whistleblowers After 180 Days have Elapsed with no Final Ruling.

  • Board Review of Determinations of Hearing Officers 121 (a) Petition for Review of Initial Decision by Hearing Officers 121 (b) Review on Board's Initiative 121 (c) De Novo Review 121 (d) Limitations on Matters Reviewed 122 (e) Summary Affirmance 122 Rule 5461.

  • De Novo Review Should Not Result in Liquidation of a Market Participant’s Positions The Reproposal would permit exchanges to grant non-enumerated exemptions from position limits.58 The Associations support this provision and suggest improvements to clarify when a Commission review could occur and the standards for such review.


More Definitions of De Novo Review

De Novo Review in SOX means a full de novo trial, in which the finder of fact makes an independent determination of liability and damages based on evidence generated and introduced in the federal court case, for several reasons. First, the SOX legislative history reveals that the use of the word “review” in the statute is not meant to signify that the federal-court factfinder is limited by any administrative record. The legislative history states that the SOX claimant may bring a “de novo case in federal court with a jury trial available.”83 (emphasis added). The key word in the history is “case.” The legal definition of “case” is “a civil or criminal proceeding, action, suit, or controversy at law or in equity.”84 In essence, Congress used the term “de novo review” in federal court to say that a claimant could bring an entirely new suit in federal court. Nothing in statute or the legislative history indicates that this new case must be limited to the administrative record before the Department of Labor. Congress did not expressly indicate that de novo review was to be confined to the administrative record; nor did it use the term “substantial evidence,” a term of art which is universally understood to mean review limited to the administrative record.85
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De Novo Review means that “all issues are to be determined anew, based solely upon the evidence adduced at that hearing and independent of any previous findings.” Grisell
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Related to De Novo Review

  • Review means a financial or operational audit, investigation, inspection or other form of review requested or required by the Funder under the terms of the Enabling Legislation or this Agreement, but does not include the annual audit of the HSP’s financial statements;

  • Periodic Review means a review conducted by Ofwat for the purpose of determining one or more Price Controls in accordance with Part III of Condition B, but so that references in Part IV of Condition B to a Periodic Review shall exclude any review carried out under paragraph 11 of that Condition and shall include the determination by the Competition and Markets Authority of the relevant questions or, as the case may be, the disputed determination referred to it under paragraph 16 of Condition B;

  • Supervisory Review means ongoing clinical case reviews in accordance with procedures developed by ADMINISTRATOR, to determine the appropriateness of Diagnosis and treatment and to monitor compliance to the minimum ADMINISTRATOR and Medi-Cal charting standards. Supervisory review is conducted by the program/clinic director or designee.

  • independent review committee means the independent review committee of the investment fund established under National Instrument 81-107 Independent Review Committee for Investment Funds;

  • ATTORNEY REVIEW The Purchaser acknowledges that Purchaser has had the opportunity to consult with its legal counsel regarding this Agreement and that accordingly the terms of this Agreement are not to be construed against any party because that party drafted this Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of this Agreement.

  • Expedited review means an examination, in accordance with

  • Records Review means any assessment the Province conducts pursuant to section A.7.4 (Records Review).

  • Architectural Review Committee or “ARC” shall mean the architectural review committee established by the Organization to review plans submitted to the Organization for architectural review.

  • Investigation Committee means the Investigation Committee appointed by the Board under Regulation 5 of these Regulations;

  • Board of Review or “board” means the state building code board of review created by this chapter.

  • Utilization review means the prospective (prior to), concurrent (during) or retrospective (after) review of any service to determine whether such service was properly authorized, constitutes a medically necessary service for purposes of benefit payment, and is a covered healthcare service under this plan. WE, US, and OUR means Blue Cross & Blue Shield of Rhode Island. WE, US, or OUR will have the same meaning whether italicized or not. YOU and YOUR means the subscriber or member enrolled for coverage under this agreement. YOU and YOUR will have the same meaning whether italicized or not.

  • Expert Determination has the meaning given to it in Clause 18.3(a) (Expert Determination).

  • Performance Review means a summative evaluation of a teacher other than a beginning teacher and used to determine whether the teacher’s practice meets school district expectations and the Iowa teaching standards, and to determine whether the teacher’s practice meets school district expectations for career advancement in accordance with Iowa Code section 284.7.

  • Independent review organization means an entity that is accredited to conduct independent external reviews of adverse benefit determinations.

  • Clinical staff means persons who work in a hospital whose duties include the personal care or medical treatment of patients. “Clinical staff” includes, but is not limited to, credentialed physicians, physicians’ assistants, nurses, nursing aides, medical technicians, therapists, and other individuals involved in the personal care or medical treatment of patients.

  • Appraisal review means the act or process of developing

  • Peer review means evaluation of professional services rendered by a professional practitioner.

  • Examination Criteria means the loan classification criteria employed by, or any applicable regulations of, the Assuming Institution’s Chartering Authority at the time such action is taken, as such criteria may be amended from time to time.

  • Utilization review plan or "plan" means a written procedure for performing review.

  • Application Review Start Date means the later date of either the date on which the District issues its written notice that the Applicant has submitted a completed Application or the date on which the Comptroller issues its written notice that the Applicant has submitted a completed Application and as further identified in Section 2.3.A of this Agreement.

  • Appeal Committee means the appeal committee established by the Council in terms of section 12(3)(a);

  • Medical Review Officer (MRO) means a licensed physician responsible for receiving and reviewing laboratory results generated by the school district’s drug testing program and for evaluating medical explanations for certain drug tests.

  • Independent testing laboratory means an independent organization, accepted by the Contracting Officer, engaged to perform specific inspections or tests of the work, either at the site or elsewhere, and report the results of these inspections or tests.

  • Compliance Review means an inspection of the home, grounds, and files to determine compliance with these regulations.

  • Joint Remediation Committee has the meaning set forth in Section II.A.2.

  • Due Diligence Review means the performance by Buyer of any or all of the reviews permitted under Section 44 hereof with respect to any or all of the Loans or Seller or related parties, as desired by Buyer from time to time.