Appeals Procedures. The HPN Appeals Procedures are available to you in the event you are dissatisfied with some aspect of the Plan administration or you wish to appeal an Adverse Benefit Determination. This procedure does not apply to any problem of misunderstanding or misinformation that can be promptly resolved by the Plan supplying the Member with the appropriate information. If a Member’s Plan is governed by XXXXX, the Member must exhaust the mandatory level of mandatory appeal before bringing a claim in court for a Claim of Benefits. Concerns about medical services are best handled at the medical service site level before being brought to HPN. If a Member contacts HPN regarding an issue related to the medical service site and has not attempted to work with the site staff, the Member may be directed to that site to try to solve the problem there, if the issue is not a Claim for Benefits. Please see the Glossary Terms Section herein for a description of the terms used in this section. The following Appeals Procedures will be followed if the medical service site matter cannot be resolved at the site or if the concern involves the Adverse Benefit Determination of a Claim for Benefits. All Appeals will be adjudicated in a manner designed to ensure independence and impartiality on the part of the persons making the decision.
Appeals Procedures. A. An examinee must have a score of 65% or higher to appeal.
Appeals Procedures. 8.16 A provider may be denied approval to offer the free entitlements or have their funding withdrawn.
Appeals Procedures. Any member who feels that they have been treated unfairly should appeal in writing to the secretary who will bring the appeal to the attention of the committee for consideration.
Appeals Procedures. A. The Parties shall attempt to resolve disputes arising under the terms of this Contract in accordance with the provisions set forth on Annex F, prior to availing themselves of the appropriate statutory remedies.
Appeals Procedures. If the incumbent is dissatisfied with the factor ratings assigned to the position, that employee may appeal any or all of the factor rating decisions made by the JEC within 30 days of receiving the official notice. If there is no incumbent, the Out of Scope Head or Out of Scope Designate may appeal within 30 days of receiving the official notice of the assigned factor ratings. An appeal is made in writing, addressed to Human Resources and copied to the Faculty Association. A Joint Appeal Committee (JAC) consisting of six persons: three named by the University and three named by the Faculty Association will meet to make a decision on the factor ratings being appealed. Quorum for the JAC is two representatives from each party. The representatives will not have been involved in the assigning of the current classification of the position being appealed. Committee members shall serve a two year term which may be renewed. The parties will ensure the Committee membership is staggered in order to maintain continuity and expertise. The appellant shall make a written submission supporting the appeal of the job factors based on the JEQ submitted to the JEC and factor rating rationale for the position. The JAC may find a factor is properly rated or may assign a different rating. This may change the total points and pay grade assigned to the position. The Appeal Committee’s decision is final.
Appeals Procedures. Two procedures are available for professionals and administrators for the purpose of resolving disagreements regarding implementation of these procedures:
Appeals Procedures. The HPN Appeals Procedures are available to you in the event you are dissatisfied with some aspect of the Plan administration or you wish to appeal an Adverse Benefit Determination. This procedure does not apply to any problem of misunderstanding or misinformation that can be promptly resolved by the Plan supplying the Member with the appropriate information. If a Member’s Plan is governed by XXXXX, the Member must exhaust the mandatory level of mandatory appeal before bringing a claim in court for a Claim of Benefits. Concerns about medical services are best handled at the medical service site level before being brought to HPN. If a Member contacts HPN regarding an issue related to the medical service site and has not attempted to work with the site staff, the Member may be directed to that site to try to solve the problem there, if the issue is not a Claim for Benefits.
Appeals Procedures. Ineligibility Appealed to the Principal: After a ruling of ineligibility resulting in suspension has been made, a student participant and his/her parents may formally appeal the decision in writing to the DMS Principal, provided the appeal is received within five (5) school days from the first day such ineligibility shall take effect. The Principal or designee will schedule a meeting of the Co-Curricular Appeals Council to be held within five (5) school days. The student and parents will have the opportunity to present or challenge evidence presented at this meeting. The Co-Curricular Appeals Council will limit its deliberations to the evidence presented at the meeting. The Co-Curricular Appeals Council will be comprised of the following staff members. ● Principal or designee and Athletic Director ● Three coaches or advisors ● Two staff members not involved in co-curricular activities The Principal or designee will serve as the chairperson. No member of the Co-Curricular Appeals Council shall have a conflict of interest (no coach/advisor may pass judgment on a case involving his/her own students and no administrator can review his/her own investigation.) The Co-Curricular Appeals Council can recommend the following actions to the Principal or designee. The Principal or designee will communicate the results to the student and their family in writing within five (5) school days of Co-Curricular Appeals Council Meeting. The options are: ● Rejection of the appeal and uphold the DMS Administrator's decision. ● Request to reconsider the suspension. Refer back to the DMS Administrator for reconsideration. ● Overturn the DMS Adminstrators’ decision: The council may overturn the decision when they believe that the “technical requirements” of the code have not been followed. In determining this, the council should consider whether or not the evidence against a student is reasonable and whether or not the penalty was in accordance with this code. The intent of this paragraph is to limit the reasons for overturning an Administrator decision to technical reasons rather than reasons which stem from personal disagreements with the code itself. ● Refer the appeal directly to the District Administrator for review. ● Review Conducted by the District Administrator: If the student and his/her parents are not satisfied with the findings of the hearing, a review may be requested before the District Administrator within five (5) school days of the mailing of the outcome of the o...
Appeals Procedures. The purpose of the APPR appeal process is to xxxxxx and nurture growth of a professional staff in order to maintain a highly qualified and effective work force. A probationary teacher may submit a written rebuttal that will be attached to the Annual Professional Performance Review in the member’s personnel file. Use of the appeal process outlined below is limited to those tenured teachers who receive a final composite effectiveness score of “developing” or “ineffective”. The grounds for an appeal may be related to: • The substance of the Annual Professional Performance Review. • The District’s failure to adhere to the standards and methodologies required for the Annual Professional Performance Review, pursuant to Education Law 3012-c, regulations set by the Commissioner of Education, or any locally negotiated procedures. • A tenured teacher who believes that the terms of the TIP are arbitrary, unreasonable, inappropriate or defective, or that the District has failed to meet its obligation to properly implement the terms of a TIP, may seek relief through the APPR Appeal Process, as outlined in this article. • Appeals of the State Growth Score to the Commissioner are allowed in accord to the procedures established by the New York State Education Department. A teacher may not file multiple appeals regarding the same performance review or teacher improvement plan. All grounds for appeal must be raised with specificity within one appeal. Any grounds not raised at the time the appeal is filed shall be deemed waived. In an appeal, the teacher has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which the petitioner receives relief. The appeal procedure shall constitute the exclusive means for initiating, reviewing and resolving any and all challenges and appeals related to a teacher performance review and/or improvement plan. A teacher may not resort to any other contractual grievance procedures for the resolution of challenges and appeals related to a professional performance review and/or improvement plan, except as otherwise authorized by law.
