MER Decision and possibility to Appeal Sample Clauses

MER Decision and possibility to Appeal. The Ministry of Education, on the bases of the report and recommendations of ARACIS, grants, denies, or withdraws, as the case may be, the right of the HEI or the study program(s) to operate. However, HEIs can appeal the outcome of the QA evaluation carried out by ARACIS7. They must send a letter to the ARACIS Council explaining the reasons for the appeal within two weeks after the publication of the report on the ARACIS website. The general steps of the Appeal Procedure are as follows: XXX sends a letter to ARACIS, appealing the outcome of the QA evaluation. The letter must be signed by the university xxxxxx, confirmed with the university seal and addressed to ARACIS. Not later than 30 days since receipt of the appeal, the ARACIS Council’s Executive Board reviews the report and invites the university xxxxxx and the contact person for a discussion of clarification. If, after discussion, the university representatives agree that the QA report is based on documented evidence, the appeal may be withdrawn in writing, and the Agency’s External institutional evaluation report published on the website shall be deemed approved in its original form. If instead, after this discussion, the university representatives maintain their appeal or if they do not wish to participate in the discussion, the appeal is settled as follows ARACIS Council appoints an inspector, following the guidelines included in the Appeals Procedure, to make a preliminary analysis of the request considering it in relation to the QA evaluation final report and the supporting documents submitted by the HEI during the QA evaluation and in their appeal. The inspector produces a report that is submitted to ARACIS Council’s Executive Board. ARACIS Council’s Executive Board examines the inspector’s report and either rejects the request or proceed to the appointment of an Appeal Settlement Commission, following the guidelines included in the Appeal Procedure, to proceed further with the request. The Appeal Settlement Commissions and method of settlement of the appeal vary depending on the type of appeal being made – either related to procedural flaws, claiming the breach of the provisions contained in this methodology or the guides based on it, or to issues of ethics, claiming the breach of the Code of Professional Ethics. If the commission finds that the reported procedural flaws or ethical issues are real, it will propose to the Council to resume the QA evaluation in order to correct the issues raised...
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Related to MER Decision and possibility to Appeal

  • Decision and Appeal Within five school business days after receiving the Complaint Manager’s report, the Superintendent shall mail his or her written decision to the Complainant and the accused by first class U.S. mail as well as to the Complaint Manager. All decisions shall be based upon the preponderance of evidence standard. Within 10 school business days after receiving the Superintendent’s decision, the Complainant or the accused may appeal the decision to the Board by making a written request to the Complaint Manager. The Complaint Manager shall promptly forward all materials relative to the complaint and appeal to the Board. Within 30 school business days, the Board shall affirm, reverse, or amend the Superintendent’s decision or direct the Superintendent to gather additional information. Within five school business days after the Board’s decision, the Superintendent shall inform the Complainant and the accused of the Board’s action. For complaints containing allegations involving the Superintendent or Board member(s), within 30 school business days after receiving the Complaint Manager’s or outside investigator’s report, the Board shall mail its written decision to the Complainant and the accused by first class U.S. mail as well as to the Complaint Manager. This policy shall not be construed to create an independent right to a hearing before the Superintendent or Board. The failure to strictly follow the timelines in this grievance procedure shall not prejudice any party.

  • Decision of Board ‌ The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chair shall be the decision of the Board. The decision of the Arbitration Board shall be final, binding, and enforceable on the parties. The Board shall have the power to dispose of a discharge or discipline grievance by any arrangement which it deems just and equitable. However, the Board shall not have the power to change this agreement or to alter, modify, or amend any of its provisions.

  • Determination of Responsiveness 28.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the Tender itself, as defined in ITT28.2.

  • Final Decision Concessionaire covenants that the decision of the Commissioner of Department, relative to the performance of the terms and conditions of this Agreement, shall be final and conclusive.

  • Hearing Decision The decision of the Board shall be in writing and shall contain findings of fact and the personnel action approved, if any. The findings may reiterate the language of the pleadings or simply refer to them. The decision of the Board shall be certified to the Superintendent or designee who recommended the personnel action, and he/she shall enforce and follow this decision. A copy of the decision shall be delivered to the appellant or his/her designated representative personally or by registered mail. The decision of the Board shall be final.

  • Decision Making The JDC shall make decisions unanimously, with each Party’s representatives collectively having one (1) vote and at least one (1) representative from each Party participating in such decision. In the event the JDC determines that it cannot reach an agreement regarding a decision within the JDC’s authority, then, within *** Business Days after such determination: (a) for any matter that is not a Critical Issue *** shall have the final decision making authority on such matter; and (b) for any matter that is a Critical Issue, the matter shall be referred to FivePrime’s Chief Executive Officer (or designee) and HGS’ Chief Executive Officer (or designee) for resolution. If such executives cannot resolve the matter within *** Business Days, then the Chief Executive Officer of *** (or designee) shall have the final decision making authority on such matter. Notwithstanding the foregoing, the Development Plan shall not be amended, without FivePrime’s prior written approval (which approval may be withheld in FivePrime’s sole discretion), to: (i) increase or materially change the nature of FivePrime-Conducted Trials or Other FivePrime-Conducted Activities; or (ii) require FivePrime to continue any FivePrime-Conducted Trial if FivePrime, in its reasonable judgment, decides not to continue such trial for any business, scientific, safety, efficacy, enrollment or ethical reason, provided that, in the event FivePrime so decides to discontinue such trial, HGS shall have no further obligation to reimburse FivePrime under Section 4.2(d) except with respect to costs *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. already incurred by FivePrime prior to such discontinuation and any and all standard close out costs incurred thereafter, and HGS shall have the right to continue such trial by itself at its expense. When *** make a final determination under this Section 3.4, that final determination must be consistent with the terms of this Agreement.

  • Decision of the Board The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final, binding and enforceable on all parties, and may not be changed. The Board of Arbitration shall not have the power to change this Agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to dispose of a grievance by any arrangement which it deems just and equitable.

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