Agency Decision Clause Samples
The "Agency Decision" clause defines the authority and process by which an agency makes determinations or rulings under a contract or agreement. Typically, this clause outlines the scope of the agency's decision-making power, the procedures for issuing decisions, and the binding or appealable nature of those decisions. For example, it may specify that disputes regarding contract performance or compliance are to be resolved by the agency, with parties required to follow a set process for submitting issues and receiving determinations. The core function of this clause is to establish a clear mechanism for resolving disputes or questions under the agreement, thereby promoting efficiency and reducing uncertainty for all parties involved.
Agency Decision. (a) The Agency shall consider the employee’s reply, and give the written decision concerning the proposed action.
(b) If after receiving the employee’s reply, the Agency decides not to take disciplinary/adverse action against the employee, the Agency will notify the employee in a timely manner.
(c) Any decision letter informing a bargaining unit employee that disciplinary/adverse action will be taken shall advise the employee:
(1) of their option to appeal the action; and
(2) that the employee will be deemed to have exercised their option to raise the matter under only one procedure when the employee timely files a written grievance, or a notice of appeal under the applicable MSPB or EEO procedure (as appropriate).
Agency Decision. Section 28.15.1 In arriving at its written decision on any proposed disciplinary or adverse action, the Agency shall not consider any reasons for action other than those specified in the notice of proposed action. It shall consider any answer that the employee and/or his or her representative made to a designated official, any medical documentation furnished, and all the information gathered in any investigation. The Agency shall also consider appropriate and relevant mitigating and aggravating factors, such as those enumerated by the MSPB in ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, et al. vs. Veterans Administration, 5 MSPR 280 (1981). If the imposed penalty is less severe than proposed, the decision will address the reasons the penalty was mitigated.
Section 28.15.2 If the decision is to effect an action specified in Sections 28.7 or 28.8 of this Article, it will specify the reason the action is being taken, the action to be taken, the effective date of that action, and the employee’s appeal rights regarding the decision.
Section 28.15.3 If the employee does not have a designated representative, a second copy of the decision letter labeled “Optional Copy for Representative” and any associated attachments will be provided to the employee. A copy of the decision letter and any attachments will be provided directly to the representative in cases where the employee has designated a represen- tative in writing.
Agency Decision. The decision of the United States Transportation Command is final and conclusive. Nothing in this Agreement may be interpreted to deny or limit Collaborator the right thereafter to seek relief in federal court.
Agency Decision. 1. In arriving at his/her written decision, the deciding official will consider only the reasons specified in the notice of proposed action and will consider any reply of the employee or his/her representative.
2. The deciding official shall issue a written decision, including the reason(s) therefore, at the earliest possible date following receipt of the employee's response or after the response period if there is no employee response. The decision will be issued within fifteen (15) calendar days following the response period unless the employee's response raises issues that require further investigation or may impact the decision.
Agency Decision a. In arriving at its written decision on any proposed disciplinary or adverse action, the Agency shall not consider any reasons for action other than those specified in the notice of proposed action. It shall consider any answer that the employee and/or his or her representative made to a designated official and any medical documentation furnished, as well as all the information gathered in the investigation. It will explain how the Agency resolved any factual disputes that were raised or developed. In taking adverse actions, a deciding official will consider a list of mitigating and/or aggravating factors known as the ▇▇▇▇▇▇▇ Factors in deciding a penalty. The decision will specify how each of the applicable factors was treated in the deciding official’s determination of the imposed penalty. If the imposed penalty is less severe than what was proposed, the decision will also specify why the penalty was mitigated.
b. If the decision is to effect a proposed action, it will specify the reasons, the effective date, the action to be taken, and the employee’s appeal and/or grievance rights regarding the decision. A second copy of the letter and any attachments will be provided to the employee’s representative.
c. Final decisions on adverse actions may be appealed to the MSPB or grieved in accordance with the grievance procedures of this MLA, but not both.
Agency Decision a. In arriving at its written decision on any proposed disciplinary or adverse action, the Agency will not consider any reasons for action other than those specified in the notice of proposed action. It will consider any answer that the employee and/or his or her representative made to a designated official and any medical documentation furnished, as well as all the information and/or evidence relied upon in the proposal notice. It will explain how the Agency resolved any factual disputes that were raised or developed. The decision will summarize how the “▇▇▇▇▇▇▇ Factors” (i.e., the mitigating or aggravating factors) were treated in the deciding official’s determination of the imposed penalty. If the imposed penalty is less severe than what was proposed, the decision will also specify why the penalty was mitigated.
b. In the rare instances where additional information is considered beyond the material relied upon in the proposal notice, the employee will be given an opportunity with a reasonable amount of time to respond to the additional information.
c. If the decision is to affect a proposed action, it will specify the reasons, the effective date, the action to be taken, and the employee’s appeal and/or grievance rights regarding the decision. A second copy of the letter and any attachments will be provided to the employee’s representative upon request.
d. In response to a final decision on an adverse action, employees may appeal the decision to the MSPB, grieve the decision in accordance with the negotiated grievance procedures of this CBA, or the employee may file an EEO complaint.
Agency Decision. Petitioner has demonstrated that the Subject Vehicle is either compliant with or capable of being readily altered to comply with all applicable FMVSS, and the petition is therefore granted. and (b)(1); 49 CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8. [FR Doc. 2021–22481 Filed 10–14–21; 8:45 am] interests in property are no longer blocked, and U.S. persons are no longer prohibited from engaging in lawful transactions with them. DATES: See Supplementary Information section for applicable date(s). OFAC: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Director, tel.: 202–622–2480; Associate Director for Global Targeting, tel: 202–622–2420; Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622– 2490.