Revocation Hearing Clause Samples
A Revocation Hearing clause outlines the process by which a party's rights, privileges, or licenses granted under an agreement may be revoked following a formal hearing. Typically, this clause specifies the circumstances that can trigger such a hearing, the procedures to be followed, and the rights of the parties involved, such as the opportunity to present evidence or arguments. Its core practical function is to ensure due process and fairness before any revocation action is taken, thereby protecting parties from arbitrary or unjust loss of rights.
Revocation Hearing. Unless waived by the person, the court must hold the revocation hearing within a reasonable time in the dis- trict having jurisdiction. The person is enti- tled to:
Revocation Hearing. The COMMISSION may take action to revoke the Charter of the School in accordance with law and process set forth in NMRA 6.80.4.1 et. seq.
Revocation Hearing. Modification of Probation or Super- vised Release.
Revocation Hearing. At any designated public hearing at which the LFA has informed the Franchisee that revocation is a possible consequence, in accordance with the written notice requirements set forth in Section 11.4 hereof, Franchisee shall be provided a fair opportunity for full participation, including the rights to be represented by legal counsel, to introduce relevant evidence, and to require the production of evidence. A complete verbatim record and transcript shall be made of such hearing.
11.5.1 Following any public hearing at which revocation is a possible consequence, Franchisee shall be provided up to thirty (30) days to submit its proposed findings and conclusions to the LFA in writing and promptly thereafter the LFA shall provide a written determination to the Franchisee setting forth: (i) whether an event of default has occurred under this Franchise; (ii) whether such event of default is excusable; and (iii) whether such event of default has been cured or will be cured by the Franchisee. The LFA shall also determine whether it will revoke the Franchise based on the information presented, or, where applicable, grant additional time to the Franchisee to effect any cure. If the LFA determines that it will revoke the Franchise, the LFA shall promptly provide Franchisee with a written determination setting forth the LFA’s reasoning for such revocation. Franchisee may appeal such written determination of the LFA to an appropriate court, which shall, to the extent permitted under applicable law, have the power to review the decision of the LFA de novo. Franchisee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within sixty (60) days of Franchisee’s receipt, of the written determination of the LFA.
11.5.2 The LFA may, at its sole discretion, take any lawful action that it deems appropriate to enforce the LFA’s rights under the Franchise in lieu of revocation of the Franchise.
Revocation Hearing. The revocation hearing, unless waived by the probationer, shall be held within a reasonable time in the court in which probation is imposed. The probationer shall be given:
Revocation Hearing. If the Director determines, in her sole discretion, that any of the following have occurred, the Director shall initiate a Charter revocation hearing before the ASU Board (“Hearing”):
a. The Charter Holder failed to properly respond to the Intent to Revoke;
b. The Charter Holder’s response admits an Allegation;
c. The Charter Holder failed to provide evidence clearly refuting the Allegation;
d. The Charter Holder failed to successfully complete the Correction Plan; or
e. Immediate ASU Board action is necessary to protect the safety of students or to preserve public funds or property. The Director shall send the Hearing notice to both the Charter Holder and the ASU Board pursuant to the Notice Provision. In the Hearing notice, the Director shall list all outstanding Allegations as well as indicate the reason(s) for calling the Hearing, as provided herein. The ASU Board shall convene a Hearing within thirty (30) days of receiving the Hearing notice, unless immediate ASU Board action is necessary to protect the safety of students or to preserve public funds or property, in which case the ASU Board shall convene within five (5) business days of receiving a Hearing notice. The ASU Board shall hold the Hearing open to the public at a time and place as determined by the ASU Board.