Criteria for Determination Sample Clauses
The 'Criteria for Determination' clause defines the specific standards or benchmarks that must be met for a particular decision, outcome, or status to be established under the agreement. This clause typically outlines the objective or subjective measures, such as performance metrics, compliance requirements, or third-party assessments, that will be used to evaluate whether certain conditions have been satisfied. By clearly specifying how determinations are made, the clause helps prevent disputes and ensures that all parties understand the basis for key decisions or actions within the contract.
Criteria for Determination. The Commissioner or agency head shall consider or address in reaching his or her determination and in assessing an appropriate penalty the factors in paragraphs (a) and (b) below. He or she may also consider, if relevant and appropriate, the criteria established in paragraphs (c) and (d) below, in addition to any other information that may be relevant and appropriate.
(a) The party’s good faith endeavors or lack thereof to cooperate fully and faithfully with any governmental investigation or audit, including, but not limited to, the discipline, discharge, or disassociation of any person failing to testify, the production of accurate and complete books and records, and the forthcoming testimony of all other members, agents, assignees or fiduciaries whose testimony is sought.
(b) The relationship of the person who refused to testify to any entity that is a party to the hearing, including, but not limited to, whether the person whose testimony is sought has an ownership interest in the entity and/or the degree of authority and responsibility the person has within the entity.
(c) The nexus of the testimony sought to the subject entity and its contracts, leases, permits or licenses with the City.
(d) The effect a penalty may have on an unaffiliated and unrelated party or entity that has a significant interest in a party or entity subject to penalties under Section 1.04 above, provided that the party or entity has given actual notice to the Commissioner or agency head upon the acquisition of the interest, or at the hearing called for in Section 1.02 above gives notice and proves that such interest was previously acquired. Under either circumstance, the party or entity must present evidence at the hearing demonstrating the potential adverse impact such a penalty would have on such person or entity.
Criteria for Determination. The financial independence of an applicant or an insured shall be determined by the Corporation based on whether the documents provided by the applicant or insured show that the applicant’s or insured’s available resources to finance the crop to be insured are sufficient to enable the applicant or insured to manage and sell the crop and to pay the operating expenses incurred to grow the crop, evaluated in accordance with the following criteria:
Criteria for Determination a. If more than one person has applied for the same position, the determination as to who receives the position shall be made by the Director of Personnel in consultation with the supervising administrator using the following criteria as a basis for making the selection: • Educational training related to the position. • Experience in teaching specified subject matter. • Evaluation and/or recommendations. • Interview. Co-curricular or extra-curricular assignments shall not be the overriding criteria for selection. District seniority shall be considered if all other factors are judged to be equal.
Criteria for Determination a. If mutual agreement cannot be reached, the following criteria shall be applied by the site administrator/program manager before making the final recommendation as to who shall be displaced to the Director of Personnel: • Credentials held (including supplementary authorizations) • BCLAD or CLAD or equivalent • Special Training and/or Certification if applicable • Credentials held (including supplementary authorizations) • Major(s) and Minor(s) • BCLAD or CLAD or equivalent • Special Training and/or Certification if applicable
b. Date of Hire shall be considered if all the above factors are judged to be equal.
c. District seniority shall be considered if all the above factors are judged to be equal.
Criteria for Determination a. If agreement cannot be reached between the teachers, the following criteria (Revised February 2014) shall be applied by the site administrator before making the final recommendation for placement to the Director of Personnel: • Credentials held (including supplementary authorizations) • BCLAD or CLAD or equivalent • Current Combination Class Teacher • Special Training/Certificate if applicable Grades 7-12 • Credentials held (including supplementary authorizations) • Major(s) and Minor(s) • BCLAD or CLAD or equivalent • Special Training and/or Certification if applicable
b. Date of hire shall be considered if all the above factors are judged to be equal.
c. District seniority shall be considered if all the above factors are judged to be equal.
d. Final determination as to who receives the position shall be made by the Director of Personnel or his/her designee.
Criteria for Determination. In mak- ing a determination under subparagraph (A), the Under Secretary shall take into ac- count—
Criteria for Determination a. If mutual agreement cannot be reached, the following criteria shall be applied by Administration before making the final recommendation as to who shall be displaced to the Director of Personnel: • Credentials held (including supplementary authorizations) • BCLAD or CLAD or equivalent • Special Training and/or Certification if applicable Grades 9-12 • Credentials held (including supplementary authorizations) • Major(s) and Minor(s) • BCLAD or CLAD or equivalent • Special Training and/or Certification if applicable
b. Date of Hire shall be considered If all the above factors are judged to be equal the following shall be considered in order.
Criteria for Determination a. It is unlikely and unnecessary that a given case meets every criterion. It is sufficient for the example to meet the preponderance of criteria.
b. Determination will be by the collective bargaining agreement with this appendix and utilizing the chart provided in this appendix.
c. In the event of a dispute concerning the appropriate category of pay, the Union President or designee and Human Resources or designee will attempt to determine the category of pay. If agreement is not reached, management will determine and implement the category of pay subject to the Union’s right to grieve that determination.
Criteria for Determination a. The determination of reasonable suspicion shall be made on specific, observable criteria, but not limited to:
i. observable phenomena, such as direct observation of illegal use or possession of drugs and/or physical symptoms of being under the influence of a controlled substance;
ii. a documentable pattern of abnormal conduct or erratic behavior while on duty (i.e., slurred speech, uncoordinated movement and gait, stupor, excessive giddiness unexplained periods of exhilaration and excitement, impaired judgment, deteriorating work performance or frequent accidents not attributable to other factors;
iii. arrest, indictment or conviction for a drug-related offense or the identification of a member, through an affidavit, as the focus of a criminal investigation into illegal drug use or trafficking;
iv. evidence that a member has tampered with a previously administered drug test and/or has made materially, false or misleading statements to Fire Department personnel regarding past or present illegal use of drugs while a Town member; or
v. a documented written report of drug use, in a signed affidavit form, provided by reliable and credible sources, such as law enforcement agencies.