Appellant Clause Samples
The 'Appellant' clause defines the party who initiates an appeal in a legal proceeding, typically challenging a decision made by a lower court or authority. This clause clarifies which individual or entity has the right to seek a review of a judgment, and may outline the procedural requirements or limitations for filing an appeal. Its core function is to ensure clarity regarding who may contest a decision, thereby streamlining the appeals process and preventing disputes over standing.
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Appellant. Faculty members who dispute and appeal their faculty workload, FAP, denials of extension of the probationary period, denials of tenure, or denials of promotion.
Appellant. The complainant or, if different than the complainant, the recipient or his/her legal guardian, if any, who seeks review by an appeals committee or the MDHHS pursuant to sections 784 and 786 of the Code.
Appellant. Within 30 days after receipt of notice of docketing of the appeal, the appellant shall file with the Board an original and two copies of a complaint setting forth simple, concise and direct state- ments of each of its claims. Appellant shall also set forth the basis, with ap- propriate reference to contract provi- sions, of each claim and the dollar amount claimed, to the extent known. This pleading shall fulfill the generally recognized requirements of a com- plaint, although no particular form is required. Upon receipt of the com- plaint, the Board shall serve a copy of it upon the Government. Should the complaint not be received within 30 days, ▇▇▇▇▇▇▇▇▇’s claim and appeal may, if in the opinion of the Board the issues before the Board are sufficiently defined, be deemed to set forth its com- plaint and the Government shall be so notified.
Appellant. Petitioner or respondent who is dissatisfied with the adverse action of the Appeal Committee or the determination of the Superintendent of Schools and takes the matter to the next stage .
Appellant. (i) The appellant has the burden of proof, by a preponderance of the evidence (as defined in § 1201.4(q)), with respect to:
(A) Issues of jurisdiction, except for cases in which the appellant asserts a violation of his right to reemployment following military duty under 38 U.S.C. 4312–4314;
(B) The timeliness of the appeal; and
(C) Affirmative defenses.
(ii) In appeals from reconsideration decisions of the Office of Personnel Management (OPM) involving retire- ment benefits, if the appellant filed the application, the appellant has the bur- den of proving, by a preponderance of the evidence (as defined in § 1201.4(q)), entitlement to the benefits. Where OPM proves by preponderant evidence an overpayment of benefits, an ▇▇▇▇▇- ▇▇▇▇ may prove, by substantial evi- dence (as defined in § 1201.4(p)), eligi- bility for waiver or adjustment.
(c) Affirmative defenses of the ▇▇▇▇▇- ▇▇▇▇. Under 5 U.S.C. 7701(c)(2), the Board is required to reverse the action of the agency, even where the agency has met the evidentiary standard stat- ed in paragraph (b) of this section, if the appellant:
(1) Shows harmful error in the appli- cation of the agency’s procedures in ar- riving at its decision (as defined in § 1201.4(r));
(2) Shows that the decision was based on any prohibited personnel practice described in 5 U.S.C. 2302(b); or
(3) Shows that the decision was not in accordance with law.
(d) Administrative judge. The adminis- trative judge will inform the parties of the proof required as to the issues of jurisdiction, the timeliness of the ap- peal, and affirmative defenses. [80 FR 4496, Jan. 28, 2015]