Administrative Inquiry Sample Clauses
An Administrative Inquiry clause establishes the procedures and authority for conducting internal investigations into potential misconduct, policy violations, or other concerns within an organization. Typically, this clause outlines who may initiate an inquiry, the scope of the investigation, and the rights and responsibilities of those involved, such as employees or contractors. Its core practical function is to provide a structured and fair process for fact-finding, ensuring that issues are addressed systematically and transparently, thereby maintaining organizational integrity and accountability.
Administrative Inquiry. 2-5.01 2-5.02
2-5.03 The resource must be informed of the inquiry and have the opportunity, during the course of the inquiry, to be heard and to make the appropriate representations, accompanied, if it so desires, by a representative of the association.
2-5.04 During the inquiry, the institution may remove one or more users from the resource, with or without remuneration, depending on what the institution deems appropriate under the circumstances. However, the resource continues to receive the daily allowance for the fixed costs of reasonable operating expenses for the overall number of recognized places, as provided for in clause 3-7.02. The institution may not demand the reimbursement of these fixed costs.
2-5.05 When a user is removed, the reasons of the removal are communicated to the resource in writing.
2-5.06 The institution may resume referring users to the resource if, following the administrative inquiry, the institution comes to the conclusion that the fears upon which the inquiry was made, were unfounded. In such a case, the resource must be paid the remuneration for the period during which the users were removed and to which it would have been entitled had the inquiry not taken place.
2-5.07 The institution communicates the findings of the inquiry to the resource. If the institution concludes that the facts that gave rise to the administrative inquiry are unfounded, it drafts a document to attest to that fact. This document must be sent to the resource and added to its file.
Administrative Inquiry. 2-4.01 The institution may conduct an administrative inquiry, in particular, when it considers that the health, safety, bodily integrity or welfare of one or more users may be compromised.
2-4.02 As soon as the inquiry is launched, the resource must be sent a written notice informing it: - of the detailed reasons for the inquiry; - of its right to be heard and to make the appropriate representations accompanied, if it so wishes, by one or two representatives of the association. Concurrently, a notice of the administrative inquiry must be sent to the association via email. Such a notice must not include the detailed reasons for the inquiry. The convening of a meeting with the representatives of the institution must, for accompaniment and preparation purposes, take into account the availability of the association’s representatives or of the CSD permanent official mandated by the association, and do so in a context of diligence as provided for in clause 2-4.04.
2-4.03 The resource must have the opportunity, during the course of the inquiry, to be heard during a meeting with the institution and to make the appropriate representations, accompanied, if it so desires, by one or two representatives of the association. The institution also undertakes to set out in writing, for the resource, any new reason invoked as it is raised during the course of the inquiry. The resource may also make the appropriate representations in writing, within 7 days after the meeting with the institution. The institution’s decision may not be rendered before the expiry of that period. The institution must, before making a decision regarding one of the situations described in clause 4c) of Letter of Understanding B, send a 10-day notice to the resource and the association, so that they may send the institution any relevant observations. Such a notice must be sent within the 30- day time period mentioned in clause 2-4.04 and failure to do so shall constitute grounds causing the time limit to be exceeded.
2-4.04 The inquiry must be conducted with diligence, integrity and respect, and usually within 30 days from the time the resource is informed that an inquiry is to be held, unless there are extraordinary circumstances. In such cases, the institution informs the resource in writing of the grounds causing the time limit to be exceeded as well as of the additional period required to complete the inquiry, and informs the association of the same. In all circumstances, the association and the ...