Appeal Sample Clauses
The Appeal clause establishes the right and process for a party to challenge or seek review of a decision made under the agreement. Typically, it outlines the timeframe within which an appeal must be filed, the authority or forum to which the appeal should be directed, and any procedural requirements such as written notice or supporting documentation. This clause ensures that parties have a formal mechanism to contest decisions they believe are incorrect or unfair, thereby promoting fairness and accountability in the resolution of disputes.
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Appeal. A review by an MCO, PIHP, or PAHP of an adverse benefit determination, that is in accordance with 42 C.F.R. §438.400.
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. 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. If the employee disagrees with the evaluation, he/she shall have the right to appeal the evaluation in writing to the appropriate Local District Superintendent/Division Head, or designee within ten (10) working days of receipt of the evaluation. The decision of the reviewer will be attached to the evaluation and shall be final and will be made within ten (10) working days after hearing the appeal. The employee may be represented in this appeal by the Union, if he/she so requests.
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. 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 party dissatisfied with the final written de- cision of the Patent Trial and Appeal Board under section 328(a) may appeal the decision pursuant to sections 141 through 144. Any party to the post-grant review shall have the right to be a party to the appeal. (Added Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 311.)
Appeal. 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 a. The Association shall have the right to appeal on behalf of an employee who is subject to the disciplinary action, within fifteen (15) calendar days after receiving the final 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.
b. The Director of Labor Relations shall promptly provide the appointing authority with a copy of the employee's notice of appeal.
c. An employee for whom a notice of appeal is filed as provided herein shall be entitled to a hearing, as provided in this article.
d. An appeal of a disciplinary action is a complaint of a permanent employee with permanent civil service status regarding whether there was good cause for the disciplinary action taken against that employee.
e. If the Association fails to file a notice of appeal within the time specified in Subsection a. of this section, the disciplinary action shall become final without further action.
Appeal. 13.1. Any Award may be appealed as follows: (choose either (a) or (b) )
(a) A party may appeal the Award in accordance with subsection 45(1) of the Arbitration Act, 1991; or
(b) A party may appeal the Award on: (choose one or more of the following): A question of fact A question of mixed fact and law
13.2. Appeals from interim (temporary) awards are permitted.