Appeal to the Board. Board review will only be initiated upon written application. Said written appeal shall be filed with the Clerk to the Board and state the basis of the appeal. Any appeal based upon a disciplinary action shall contain a specific admission or denial of the material allegations contained in the notice of disciplinary action. At the next regularly scheduled meeting of the Monterey Peninsula Water Management District Board, after the filing of the order and appeal with the said Clerk, the Board shall determine whether it will hear the appeal or appoint a hearing officer for this purpose. If the Board determines to hear the appeal, it will set a time and place for such hearing and provide notice to the appellant. If the Board determines to appoint a hearing officer, the hearing officer shall be mutually agreed upon between the Board’s representative and the Union. In the event that the parties cannot mutually agree on a hearing officer, the parties shall request a list from the California State Conciliation and Mediation Service. The Hearing Officer shall then be selected by the parties alternately striking names until one remains. The Hearing Officer shall commence a hearing on the appeal as soon as possible. The appellant and General Manager may appear personally and the appellant may be represented by a Union representative and/or by counsel at the hearing. The hearing shall be public unless the appellant requests a private hearing. Before the hearing has commenced and during the course of the hearing, the hearing officer shall issue subpoenas “duces tecum” at the request of either party. Oral evidence shall be taken only on oath or affirmation. The appellant and the General Manager shall each have the right to call and examine witnesses, to cross-examine opposing witnesses on any matter relevant to the issues, to impeach any witness and to rebut the evidence against him/her. Technical rules relating to evidence and witnesses do not have to apply to such hearings. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. At the hearing, the burden of proof shall be upon the appellant except in matters of discipline where the District is the moving party and therefore has the sole burden of proof. At the conclusion of the hearing, the Board or the hearing officer shall prepare a summary record of the p...
Appeal to the Board. Upon receipt of the appeal to the Board, the Chancellor as designee of the Board, shall decide if a hearing is to be provided. The Chancellor shall not unreasonably deny the request for a hearing if the request is supported with a showing that the terms of this Agreement have been violated. If the Chancellor chooses to utilize the services of a hearing officer for the purpose of conducting a hearing and making a recommendation, the hearing officer’s scope of review shall be to determine if terms of this Agreement have been violated. The hearing officer shall have no authority to add to, subtract from or in any way modify the terms of this Agreement. Upon receipt of the hearing officer’s recommendation, the Chancellor shall issue a written decision stating the reasons therefore within twenty (20) working days.
Appeal to the Board. Appeals for review of a presidential rejection of an arbitrator's recommendation by the Board shall be filed within twenty-one (21) days of the receipt of such decision. Upon request by a Faculty Member for a review of a presidential decision, the Board shall confer with the parties and promptly set a date for consideration of the appeal. The Board shall consider the appeal and shall issue a decision in writing, which shall be transmitted to the affected Faculty Member and the President. Such decision shall exhaust administrative remedies provided in this Article.
Appeal to the Board. In the event the Grievant is not satisfied with the resolution of the grievance at Step 2, or if no decision has been rendered by the Superintendent/Director of Human Resources, the Grievant may appeal the resolution to the Board.
Appeal to the Board. 23.6.1 The Board of Trustees shall base its decision solely on the written record unless, upon review, the Board determines that it wishes to hear additional evidence. If such additional evidence is sought, the Board shall invite, in writing, all parties of interest to participate.
Appeal to the Board. Either party may appeal the decision of the Committee to the Agency Board within ten
Appeal to the Board. The following conditions shall apply if a student who is age 18 or older or the student’s parent or guardian files a written appeal of a suspension or expulsion: • Written notice of the appeal shall be filed with the clerk within 10 calendar days of receiving the results of the hearing. • The board shall schedule an appeal with the board or a hearing officer appointed by the board within 20 calendar days. • The student and the student’s parent shall be notified in writing of the time and place of the appeal at least 5 calendar days before the hearing. • The hearing shall be conducted as a formal hearing using rules similar to those noted earlier for expulsion hearings. • The board shall record the hearing. • The board shall render a final decision no later than the next regularly scheduled board meeting after the conclusion of the appeal hearing. Recommended by KASB 10/98 Amended 10/23/00 Approved by BOE 2/8/99 Amended 2/9/15 Amended 8/9/99 Revised 2/8/16 JGFGB
Appeal to the Board. An employee may appeal to the Governing Board after the matter has been pursued through appropriate channels as outlined above.
Appeal to the Board a. If the grievance is still unresolved, it may be appealed to the Board, by filing the written grievance and written answers not later than ten (10) days after receipt of the Superintendent's reply. A meeting of grievant, the Exclusive Representative and the Board and its designated representative(s) shall be held within fifteen (15) days following receipt of such notice and the Superintendent shall promptly notify the grievant and the Exclusive Representative of the date, time, and the place where such appeal shall be heard.
Appeal to the Board. Either party may appeal the decision of the Committee to the Agency Board within ten (10) days of having received the Committee's decision. If the decision is appealed to the Agency Board, the Board shall meet within twenty (20) days to consider the appeal. The Agency Board shall meet and shall make a determination based solely upon the record of the hearing produced before the Committee. If no appeal is made to the board within ten (10) days, then the decision of the Committee shall stand.
