Administrative remedies. (1) At its discretion, HHSC may impose one or more of the following remedies for each item of material noncompliance and will determine the scope and severity of the remedy on a case-by-case basis:
Administrative remedies. The Grantee agrees that any dispute, controversy, or claim arising out of or relating to unallowable expenditures under this Contract, whether during or after its term, shall be submitted to an administrative review before the Department’s Board. To initiate the process, the Grantee shall submit a written notice, in accordance with terms set forth herein, to the Department’s Executive Director or designee and all members of the Department’s governing board. Said notice shall specifically request a Board review and state the nature of the dispute, controversy, or claim. The Grantee shall also provide a copy of the notice to all members of the Grantee’s governing board. A Board review under this provision shall be a condition precedent to the filing of a contested case proceeding under the Administrative Procedure Act, Texas Government Chapter 2001. If the parties are unable to resolve the matter through the Department’s administrative review process, either party may elect to resolve the dispute or claim as a contested case. Neither the administrative review process nor a proceeding under the Administrative Procedure Act shall be construed to adversely affect any party's right to a judicial review. Neither the execution nor the performance of this Contract by the Department shall be construed to be a waiver of sovereign immunity to suit.
Administrative remedies. (1) At its sole and absolute discretion, DIR may impose one of the following reme- dies for each Deficiency and/or Material Breach, and will determine the scope and severity of the remedy on a case-by-case basis:
Administrative remedies. The parties further agree that nothing in this Exhibit precludes any party from filing or participating in administrative proceedings before the California Unemployment Insurance Appeals Board, California Workers Compensation Appeals Board, California Labor Commissioner, California Division of Labor Standards Enforcement, the California Department of Fair Employment & Housing, or similar California or federal administrative agencies, to address alleged violations of law enforced by those agencies. If the Participant exercises such administrative remedies, the Company will not retaliate against the Participant for doing so. The Company, however, reserves the right to oppose any such administrative proceeding, including on the grounds that such agency(ies) lack jurisdiction over any dispute, because of the parties’ independent contractor relationship. Notwithstanding the foregoing, to the extent permitted by law, if the Participant or the Company seeks to appeal any such administrative award to a court of competent jurisdiction and/or for a trial de novo in such a court, the Participant and the Company agree that that such appeal or trial de novo is subject to the binding arbitration requirement described above in this Exhibit.
Administrative remedies a) At its sole and absolute discretion, DIR may impose one or more of the following remedies for each item of non-compliance, both Deficiencies and Material Breaches, and will determine the scope and severity of the remedy on a case-by-case basis:
Administrative remedies. Any claim, complaint or protest against the WBC, or any controversy, appeal or dispute concerning the WBC Constitution, or these Rules and Regulations, must first be presented to the WBC for consideration by the President and the appropriate Committee, and if appropriate, the Board of Governors. The claim, controversy, or dispute must be submitted to the WBC President in writing by the aggrieved party or his authorized representative within fifteen (15) calendar days after the claim, controversy or dispute first arose. Upon reception of the claim, dispute or controversy, the President, in his discretion, will either: a) attempt to resolve the controversy, or b) refer the matter to the Grievance and Appeals Committee, or c) refer the matter to the Board of Governors. The President must notify all interested parties of the decision of the WBC in writing. The administrative procedures as provided in these Rules, must be fully complied with before the provisions of Rule 5.3 and
Administrative remedies. The Grantee agrees that any dispute, controversy or claim arising out of or relating to unallowable expenditures under this Contract, whether during or after its term, shall be submitted to an administrative review before the Commission’s Board. To initiate the process, the Grantor shall submit a written notice, in accordance with terms set forth herein, to the Commission’s Executive Director or designee. Said notice shall specifically request a board review and state the nature of the dispute, controversy or claim. A copy of the notice shall be provided to all other members of the Commission’s Board and the Grantee or designee otherwise entitled to notice under this Contract. A board review under this provision shall be a condition precedent to the filing of a contested case proceeding under the Administrative Procedure Act, Texas Government Chapter 2001. In the event the parties are unable to resolve the matter through the Commission’s administrative review process, either party may then elect to resolve the dispute or claim as a contested case. This use of the administrative review process and/or a proceeding under the Administrative Procedure Act shall not be construed to adversely affect any right a party may have to a judicial review. Neither the execution of this Contract by the Grantor nor any other conduct of any other representative of the Commission relating to the Contract shall be considered a waiver of sovereign immunity to suit. STATE FINANCIAL ASSISTANCE CONTRACT 2008-2009 Biennium
Administrative remedies. Any claim, complaint, or protest against the WBC, or any controversy, appeal, or dispute concerning the WBC or any WBC contest, ruling, order, or action, or arising under the WBC Constitution or these Rules and Regulations must first be presented to the WBC as a claim that may be resolved by administrative remedies. To be recognized and valid, any such claim, claim, complaint, or protest must be submitted to the WBC President in writing by the aggrieved party or his authorized representative within fifteen (15) calendar days after the claim first arose. Each such claim, complaint, or protest must also be accompanied by a non- refundable fee of $2,500.00 to cover the costs and expenses of the WBC relating to the processing of any such claim, complaint, or protest. The WBC may in its sole discretion grant a waiver of all or a portion of such fee, but no such waiver shall apply unless it is granted in writing by the WBC and received by the protesting party. Upon receiving a recognized claim, the President, in his discretion, may attempt to resolve the claim, or may refer the matter to either the WBC Grievance and Appeals Committee or its Board of Governors. The WBC may institute such policies and procedures as it may deem appropriate from time to time for the administration and processing of any recognized claim. In general, the WBC representative(s) addressing such a claim will first investigate the claim, seek such additional information as may be required, hold hearings (telephonic or in-person) if necessary, and then issue a decision to accept or reject the appeal in whole or in part. The President shall notify all interested parties in writing of the decision of the WBC. In the event that the complainant remains unsatisfied with the WBC’s decision following these administrative remedies, the complainant must then seek compulsory mediation under Rule 5.3 hereof. No party may invoke or seek remedies under Rule 5.3 or Rule 5.4 without first seeking, and providing the WBC the opportunity to provide, administrative relief under this Rule 5.2.
Administrative remedies. The enforcement remedies enumerated herein shall be applicable to all sections of this chapter.
Administrative remedies. DCFS and Probation may utilize one or more of the following actions in response to findings uncovered in the normal course of monitoring, as a result of investigations of abuse and neglect in out-of-home care, or in audits of program or fiscal contract requirements.
