Appeal. In the event that a judgment in a Third Party Action is entered against either Party and an appeal is available, the Controlling Party shall have the first right, but not the obligation, to file such appeal. In the event the Controlling Party does not desire to file such an appeal, it will promptly, in a reasonable time period (i.e., with sufficient time for the non-Controlling Party to take whatever action may be necessary) before the date on which such right to appeal will lapse or otherwise diminish, permit the non-Controlling Party to pursue such appeal at such non-Controlling Party’s own cost and expense. If applicable Law requires the other Party’s involvement in an appeal, the other Party shall be a nominal party in the appeal and shall provide reasonable cooperation to such Party at such Party’s expense.
Appeal a. The employee who is subject to the disciplinary action or his/her representative shall have the right to file an appeal of the disciplinary action, within fifteen (15) calendar days after receiving the order of disciplinary action, by filing a written notice of appeal with the Director of Labor Relations. The notice of appeal shall contain the name and address of the person to whom all written communication regarding this appeal shall be sent.
Appeal. 1. The beneficiary, an authorized provider, or an authorized representative acting on behalf of the beneficiary, as state law permits, may request an appeal either orally or in writing. Further, unless an expedited resolution is requested, an oral appeal shall be followed by a written, signed appeal.
Appeal. 1. The Contractor shall allow the beneficiary, an authorized provider, or an authorized representative acting on behalf of the beneficiary, as state law permits, to file a request for an appeal to the Contractor within 60 calendar days from the date on the adverse benefit determination notice.
Appeal. An individual who has been denied a Sabbatical or FIL after being recommended by the Sabbatical/FIL Committee may file an appeal with the President of the University in writing no later than fifteen (15) days after the meeting with the Xxxxxxx referred to in Article 6.5. The President shall appoint an appeals panel within fifteen (15) business days after receipt of the appeal. The appeals panel shall consist of two (2) members designated by the President of the University, two (2) by the President of the Association, and one (1) additional member chosen by the four to serve as Chair. Faculty members in the appellant’s department and persons who have made formal recommendations on the leave request shall be ineligible to serve on the appeals panel. The panel shall examine the merits of the leave request and the rationale for the denial. The appellant shall have the right to appear before the panel; the appellant and the Association shall have access to documents reviewed by the panel. The appeals panel shall submit its recommendation to the President of the University, the President of the Association, and the appellant within thirty (30) days from the date that the fifth member of the panel is selected. Should the panel fail to submit a recommendation, the Xxxxxxx’x decision shall stand. The President of the University shall rule upon the recommendation within fifteen (15) days after receiving it. The President shall inform the appellant, the appeals panel, and the Association of their ruling. The decision of the President shall be final and binding on all parties. However, a bargaining unit member who believes that the procedures described in this article have not been followed may file a grievance under the provisions of Article 8 (Grievance Procedure).
Appeal. (1) An appeal against a decision of the Court of First Instance may be brought before the Court of Appeal by any party which has been unsuccessful, in whole or in part, in its submissions, within two months of the date of the notification of the decision.
Appeal. The Director's decision shall be final unless appealed by the employee. Within ten (10) County business days of postmark or confirmed delivery of the Director's decision, the employee may appeal the decision by requesting arbitration. Written notice requesting arbitration must be presented to the Risk Management Division of the Department of Human Resources within the ten (10) days specified herein. The request for arbitration shall specify wherein the Director allegedly erred.
Appeal. A request for review by the Contractor of an Adverse Benefit Determination related to a Member or Provider review by the Contractor of an Adverse Benefit Determination. In the case of a Member, the Adverse Benefit Determination may include determinations on the health care services a Member believes he or she is entitled to receive, including delay in providing, arranging for, or approving the health care services (such that a delay would adversely affect the health of the Member). In the case of a Provider, the Adverse Benefit Determination may include, but is not limited to, delay or non-payment for covered services.
Appeal. 4.5 If a Faculty Council desires to pursue a problem beyond the decision of the supervisor/administrator, it may appeal through normal administrative channels, beginning with the Executive Director, except that if the complaint relates to a provision of the Agreement, the Faculty Council may file a grievance.
Appeal. The importing Party shall grant the right of appeal in matters relating to eligibility for preferential tariff treatment to an importer, exporter or producer of a good traded or to be traded between the Parties, in accordance with its laws and regulations and practices.