Fair Hearing. Resident shall be given notice of AMH's decision to terminate his or her appointment for Cause pursuant to Section 2.2.4 of this Agreement. Upon the issuance of the notice of the decision of termination, the Resident's active participation in the Department’s Residency Program shall end. The Resident may request a fair hearing with respect to the termination of appointment for Cause pursuant to Section 2.2.4 of this Agreement according to the policies and procedures of the AMH’s Graduate Medical Education Fair Hearing Policy, as amended from time to time. If the Resident does not request a fair hearing relating to the termination of his or her appointment within the time period and in the manner described in the Fair Hearing Policy or if Resident properly requests a fair hearing but later withdraws such request prior to the fair hearing, then the termination of the Resident's appointment shall be final and binding as of the effective date of termination identified at the time of the notice of the initial decision of termination or, if such an effective date is not provided, the date of the notice of the initial decision of termination. If the Resident requests a fair hearing in a timely and proper manner in accordance with the Fair Hearing Policy, (a) the termination of the Resident's appointment will be final and binding if the fair hearing panel does not change the termination decision, affirms the termination decision, or the fair hearing otherwise results in the upholding of the termination decision under the Fair Hearing Policy; and (b) the date of termination of Resident's appointment will be the effective date provided in the original notice of termination in accordance with Section 2.2.4 unless the fair hearing panel assigns an alternative date of termination in which case that new date shall govern.
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Sources: Resident Physician Appointment Agreement, Resident Physician Appointment Agreement
Fair Hearing. Resident shall be given notice of AMH's decision to terminate his or her appointment for Cause pursuant to Section 2.2.4 of this Agreement. Upon the issuance of the notice of the decision of termination, the Resident's active participation in the Department’s Residency Program shall end. The Resident may request a fair hearing with respect to the termination of appointment for Cause pursuant to Section 2.2.4 of this Agreement according to the policies and procedures of the AMH’s Graduate Medical Education Fair Hearing Policy, as amended from time to time. If the Resident does not request a fair hearing relating to the termination of his or her appointment within the time period and in the manner described in the Fair Hearing Policy or if Resident properly requests a fair hearing but later withdraws such request prior to the fair hearing, then the termination of the Resident's appointment shall be final and binding as of the effective date of termination identified at the time of the notice of the initial decision of termination or, if such an effective date is not provided, the date of the notice of the initial decision of termination. If the Resident requests a fair hearing in a timely and proper manner in accordance with the Fair Hearing Policy, (a) the termination of the Resident's appointment will be final and binding if the fair hearing panel does not change the termination decision, affirms the termination decision, or the fair hearing otherwise results in the upholding of the termination decision under the Fair Hearing Policy; and (b) the date of termination of Resident's appointment will be the effective date provided in the original notice of termination in accordance with Section 2.2.4 unless the fair hearing panel assigns an alternative date of termination in which case that new date shall govern.and
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