Administrative Hearing. For purposes of this Contract, an Administrative Hearing serves as a fair hearing under Medicaid and is conducted by the FIDA Administrative Hearing Unit within the New York State Office of Temporary and Disability Assistance.
Administrative Hearing. If a resolution is not reached as a result of the informal conference, the resident or the resident's representative may request an administrative hearing. If the resident is being moved or transferred with less than 30 calendar days' notice according to section (5)(c) of this rule, the hearing must be held within seven business days of the move or transfer. The licensee must hold a space available for the resident pending receipt of an administrative order. These administrative rules and ORS 441.605(4) governing transfer notices and hearings for residents of long-term care facilities apply to AFHs.
Administrative Hearing. If the applicant or participant is dissatisfied with the decision reached at the Agency Review, he/she may appeal the decision by requesting an Administrative Hearing. The applicant or participant must make the request for an Administrative Hearing in writing to the Director of the Division of Aging within 18 days of the date of the decision from the Agency Review. The request should include the statement regarding the issues the applicant or participant wishes reviewed and must be signed and dated. Administrative Hearing will be conducted by the Administrative Law Judges (ALJ’s), or hearing officers, appointed by the Commissioner. The procedures and rules that govern the appeal process once an individual requests an Administrative Hearing are containing in IC 4-21.5 et seq., the Administrative Orders and Procedures Act. Testimony will be taken under oath or affirmation and the proceedings will be tape-recorded. The applicant or participant, his/her advocate, any other witness(es) that a party chooses to present, and the care manager or care manager supervisor will each be given an opportunity to place written material into evidence, present additional written or oral statements and ask questions of any party. If the applicant or participant wishes to have a transcript of the hearing, the Division of Aging will transcribe the tape at the individual’s expense. The Division may waive this cost in exceptional circumstances. Immediately following the hearing, the ALJ will prepare the proposed decision which will include a report of the finding of fact and the reasons for the decision based on those finding of fact. This proposed decision will be forwarded to the Director of the Division of Aging. A copy of the proposed decision will be sent to the AAA, the applicant or participant and his/her advocate (if any) by registered or certified mail, return receipt requested. The Director of the Division of Aging will then affirm, modify, or dissolve the ALJ’s proposed decision. The AAA, the applicant or participant and his/her advocate will be notified of the Director’s final order by registered or certified mail, return receipt requested. If an applicant or participant appeals a decision which terminates any service that is already being provided, the service(s) in question will usually be continued by the appropriate non-Waiver program until the appeal is resolved. However, services which would be harmful to the participant, or which would violate state or federal ...
Administrative Hearing. Disputes arising out of this Agreement shall be resolved by administrative hearing before the Manager following the procedures outlined in Denver Revised Municipal Code Section 5-17; provided, that the City shall retain its right to obtain an order of eviction in accordance with applicable state law. It is further agreed that no cause of action shall be brought against the City until there has been full compliance with the terms of this paragraph. The Parties hereto agree that the Manager's determination resulting from said administrative hearing shall be final, subject only to the Concessionaire’s right to appeal the determination under Colorado Rules of Civil Procedure, Rule 106.
Administrative Hearing. Should the Contractor contend that the County is in breach of any aspect of this Franchise Agreement, it shall give notice to the County Contract Manager requesting an administrative hearing on the allegation. A hearing officer shall be appointed by the County Contract Manager, and the hearing shall occur as soon as reasonably possible, or on such date as mutually agreed by the County Contract Manager. The hearing officer shall make an advisory ruling on the Contractor’s allegations, and suggest a remedy if a breach by the County is determined to exist. The hearing officer’s ruling and recommendations shall become final and binding if the parties so agree in writing within thirty (30) days of the date notice of the decision is given to both parties. Otherwise, the hearing officer’s ruling shall have no further force or effect. The hearing shall be in compliance with Butte County Code, Chapter 31, Solid Waste Collection, Management and Recycling.
Administrative Hearing. The employee shall be entitled to respond to the charges by meeting with the Deputy CEO or designee within 10 working days of receiving the Notice of Intent to answer to the charges and/or by submitting an answer in writing to the charges during the same period. Subsequent to meeting with the employee or review of written material provided by the employee, the Deputy CEO or designee may:
Administrative Hearing. The discharged or disciplined employee will be allowed to discuss the discharge or discipline with the employee's representative. Upon request of the employee, the Superintendent or designee will discuss the discharge or discipline with the employee and the representative.
Administrative Hearing. Administrative investigations may be convened in lieu of the informal resolution process in section 12.2, or in lieu of the formal RCC hearing process in section 12.3, by the Director of Residence Life or designee in his/her sole discretion which may be due to (but not limited to) the following circumstances: o When an accused student has repeatedly violated the On-Campus Living Policies or Code of Conduct, as outlined by the Constitution of the Student Body; o When the accused student has allegedly committed an extremely serious violation of the On- Campus Living Policies or Code of Conduct, as outlined by the Constitution of the Student Body where the safety of residents, the residence halls or College community is threatened; or o When the RCC is unavailable (i.e. during the annual RCC selection process and training period, final exam periods, summer, etc.) Administrative Hearing Procedure o The Director of Residence Life, or designee, shall review the incident(s) and conduct an investigation. o During the investigation, the Director of Residence Life, or designee shall interview all principals and witnesses and maintain a written or recorded transcript of what transpired, to be documented in the Maxient judicial system. Following the Investigation. As a result of this investigation the Director of Residence Life, or designee, will decide the case and set an appropriate consequence and will notify the accused and accuser of the decision in writing within five (5) class days of the conclusion of his/her investigation. As a result of this finding the student may: o Accept the decision of the Director of Residence Life, or designee. o Appeal the decision of the Director of Residence Life, or designee, to the Vice President of Student Development, or designee within five (5) class days, according to the policy outlined in the Constitution of the Student Body. The Vice President of Student Development, or designee, will decide the appeal within ten (10) class days after the appeal is filed. o Whenever, in the judgment of the Director of Residence Life, clear danger exists to the individual or to the institution, immediate suspension from the Residence Life program may be imposed. If suspended in this way, the individual shall be entitled to an interview with the Director of Residence Life to discuss the basis for the decision. After further review of the case, the Director of Residence Life may take other appropriate action. o If the Director of Residenc...
Administrative Hearing. An administrative hearing is conducted by the Director of Student Conduct or designee who, when practicable, has not been previously involved in the Respondent’s conduct process. The Director will hear information presented by all involved parties and render a decision and sanctions if appropriate. A Respondent (and/or Reporter in 02. Hazing or 04. Personal Abuse cases) may appeal the decision of the administrator to the Xxxx of Students.
Administrative Hearing an administrative review by the State through the Oregon Office of Administrative Hearings
