TRIER OF FACT Sample Clauses

TRIER OF FACT. The DIO shall select a Judicial Hearing Committee, a Dedicated Review Panel, or an Arbitrator to serve as the trier of fact (referred to collectively and individually as, “Trier of Fact”) at the hearing. The DIO shall inform the Physician in Training of its decision at least 30 days prior to the hearing. Judicial Hearing Committee If the DIO selects the Judicial Hearing Committee alternative, then the DIO shall appoint a Judicial Hearing Committee consisting of at least three (3) members. Alternate candidates for membership on the Judicial Hearing Committee, usually two (2) in number, shall also be appointed by the DIO. Alternate candidates will replace members who become unavailable or are disqualified. The members and alternates selected to serve on the Judicial Hearing Committee shall be members of the Children’s Hospital of Los Angeles Medical Staff or of the Faculty, or shall have temporary Medical Staff membership to serve and shall be unbiased, shall not have actively participated in the formal consideration of the matter at any previous level (i.e., they shall not have acted as an accuser, investigator, fact finder or initial decision maker in the same matter), and shall stand to gain no direct financial benefit from the outcome. However, knowledge of the matter involved shall not preclude a member of the Medical Staff or Faculty from serving as a member or alternate on the Judicial Hearing Committee. In the event that it is not feasible to appoint a Judicial Hearing Committee from the Medical Staff or Faculty, the DIO may appoint practitioners who are not members of the Medical Staff or Faculty. All members shall have M.D. or D.O. licenses, unless the affected Physician in Training does not have an M.D. or D.O. license. In such cases, whenever feasible, at least one member of the Judicial Hearing Committee shall hold the same type of license as the Physician in Training. Whenever feasible, at least one member should practice the same specialty as the Physician in Training. Both the Physician in Training and the training program shall have the right to a reasonable opportunity to voir dire the Judicial Hearing Committee members and the right to challenge the impartiality of any member. Challenges to the impartiality of any Judicial Hearing Committee member shall be ruled on by the hearing officer. Upon the close of the hearing, the alternates may be excused and the members shall proceed with their deliberations. If during deliberations, one or more...
Sample 1
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TRIER OF FACT. United States Sentencing Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacatur, reversal or set-aside . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Violation of probation/parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waive reading of the indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sample 1
TRIER OF FACT. The DIO shall select a Judicial Hearing Committee, a Dedicated Review Panel, or an Arbitrator to serve as the trier of fact (referred to collectively and individually as, “Trier of Fact”) at the hearing. The DIO shall inform the Physician in Training of its decision at least 30 days prior to the hearing.
Sample 1

Related to TRIER OF FACT

  • STATEMENT OF FACTS 1. The Superintendent of Insurance is the official charged with administering and enforcing Maine’s insurance laws and regulations, and the Bureau of Insurance is the administrative agency with such jurisdiction.

  • FINDINGS OF FACT 17 1. The Arizona State Board of Respiratory Care Examiners is the duly constituted 18 agency for licensing and regulating of the practice ofrespiratory care in the State of Arizona and

  • Agreed Statement of Facts The parties shall develop an agreed statement of facts and shall exchange reliance documents prior to the hearing. Disclosure of relevant or potentially relevant documents is a mutual and ongoing obligation before and during the particular hearing.

  • Waiver of FOIA Request The defendant waives all of his rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case including, without limitation, any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a.

  • Findings of Facts and Remedies a. In the event the arbitrator finds no violation of Article XVIII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot.

  • Persons on Probation or Parole Grantee will:

  • Recourse to Agencies or Courts of Competent Jurisdiction Notwithstanding Section 11.2, nothing in this Agreement shall restrict the rights of a Party to file a complaint with the FERC under relevant provisions of the Federal Power Act or with the PUCO under relevant provisions of the Legal Authorities. The Parties’ agreement under this Section 11.3 is without prejudice to any Party’s right to contest jurisdiction of the FERC or PUCO to which a complaint is brought.

  • Limitation of Liability; Jury Trial Waiver You agree that neither DES nor any of its employees, officers, directors, affiliates, agents, or subcontractors of any type or tier (collectively, the DES Parties) will be liable for any damages or claims of any kind or nature for matters within the control of your DSP or the retail transmission organization controlling the electricity grid, which include maintenance of electric lines and systems, service interruptions, loss or termination of service, deterioration of electric services, meter readings or injury to persons or damage to property caused by the delivery or supply of electricity. The DES Parties will not be responsible for any failure to commence or terminate power and energy service on the date specified herein due to any failure or delay in enrolling you with the DSP. The DES Parties’ liability will be limited to direct actual damages only up to the amount of your single largest monthly invoice for Retail Power during the preceding 12 months. In no event will the DES Parties be liable for any punitive, incidental, consequential, exemplary, indirect, third-party claims or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise, or for lost profits arising from any breach or nonperformance of this Agreement. BOTH YOU AND DES AGREE IRREVOCABLY AND UNCONDITIONALLY TO WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

  • Referral to Arbitration: Provincial Matters a. If the grievance is not resolved at Step Three within ten (10) working days of the meeting referred to in Article A.6.4, the BCTF or BCPSEA where applicable may refer a “provincial matters grievance,” as defined in Appendix 1 and Addenda, to arbitration within a further fifteen (15) working days.

  • Use of Funds for Lobbying Prohibited The Provider shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a State agency.

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