Appeal Sample Clauses

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. If a faculty member wishes to appeal the corrective action or termination proposed by the administration or the Professional Conduct Committee as described in Board Policy 9006.01 effective December 15, 2010, they may appeal a written reprimand to the Provost and appeal a suspension or termination to the President of the University. Such appeals must be initiated within thirty (30) calendar days of written notification of the proposed corrective action or termination. The administrator to whom the appeal has been made may reverse the recommended corrective action or termination. The faculty member may request that a review committee be formed for the appeal. Upon receipt of such a request by an individual, a five-member review committee shall be formed, comprised of two representatives appointed by the President of the University, two representatives appointed by the President of the Association, and a fifth member selected by the four appointees to serve as Chair. Committee members may be from the appellant’s academic department. The committee shall be formed within thirty (30) calendar days of the requested appeal. The committee shall meet with the appellant, appropriate representatives of the Association, and any other persons deemed appropriate and shall submit a recommendation to the Provost or President of the University with copies to the appellant and the President of the Association within thirty (30) calendar days of the beginning of the appeals process. The Provost or President shall notify the appellant and the Association of the final decision within fourteen (14) calendar days after the receipt of the committee’s recommendation. The President’s decision shall be final and binding on the University, Association, and appellant. However, an individual who believes the procedures of this article have been violated may file a grievance under the provisions of Article 8.
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. 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. The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds $50,000, and if permitted by the Administrator’s rules, you or we can, within 14 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Reference in this Arbitration Provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with the paragraph above titled “Fees and Costs.” Any final decision of the appeal is subject to judicial review only as provided under the FAA. A judgment on the award may be entered by any court having jurisdiction.
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 decision of the Arbitration Panel shall be final and binding, may be confirmed and entered by any court of competent jurisdiction at the request of any party and may not be appealed to any court of competent jurisdiction or otherwise except upon a claim of fraud on the part of the Arbitration Panel, or on the basis of a mistake as to the applicable law. The Arbitration Panel shall retain jurisdiction over any dispute until its award has been implemented, and judgment on any such award may be entered in any court having appropriate jurisdiction.