Common use of Ultimate Authority Clause in Contracts

Ultimate Authority. The Commission shall be the ultimate authority, as defined in IC 4- 21.5-1-15, for all Commission actions unless otherwise identified in this MOU or in any other written designation by the Commission. A. The Commission designates the OALP as the ultimate authority to issue final orders on the Commission’s behalf in the following instances: (1) the Petitioner requests to voluntarily dismiss the administrative review and terminate further proceedings; (2) the parties of the administrative review submit a Stipulated, Agreed Motion to Dismiss (Joint Motion to Dismiss) to the ALJ, terminating further proceedings. (3) the petition for administrative review requests a stay of enforcement of the order in dispute and the ALJ is issuing an order regarding the request for stay; and (4) the petition for administrative review is an appeal of an Emergency Order issued with respect to one or more violations of the Commission’s rules or state statutes administered by the Commission. B. The Commission may revoke the designation in Section 3.A at any time and for any reason by providing written notice to the OALP. C. The Commission will promptly send a copy of any action taken by the Commission to request assignment of an OALP ALJ to preside over its administrative proceedings pursuant to IC 4-21.5-3-9.

Ultimate Authority. The Commission shall be the ultimate authority, as defined in IC § 4- 21.5-1-15, for all Commission actions unless otherwise identified in this MOU or in any other written designation by the Commission. A. The As identified in Exhibit A, the Commission designates the OALP as the ultimate authority to issue final orders on the Commission’s behalf in the following instances: (1) the Petitioner requests to voluntarily dismiss the administrative review and terminate further proceedings; (2) the parties of the administrative review submit a Stipulated, Agreed Motion to Dismiss (Joint Motion to Dismiss) to the ALJ, terminating further proceedings.; (3) the petition for administrative review requests a stay of enforcement of the order in dispute and the ALJ is issuing an order regarding the request for stay; and (4) the petition for administrative review is an appeal a review of an Emergency Order issued with respect to one or more violations of the Commission’s rules or state statutes administered by the Commission. B. The Commission may revoke the designation in Section 3.A 3.A. at any time and for any reason by providing written notice to the OALP. C. The Commission will promptly send a copy of any action taken by the Commission to request assignment of an OALP ALJ to preside over its administrative proceedings pursuant to IC § 4-21.5-3-9.