Panel Procedures Sample Clauses

Panel Procedures. 1. A panel established pursuant to Article 7.9 (Establishment of Panel) or 7.11 (Re-convening of Panel) shall adhere to this Chapter. The panel shall apply the rules of procedure set out in Annex 15 unless the Parties to the dispute agree otherwise. On the request of a Party to the dispute, or on its own initiative, the panel may, after consulting the Parties to the dispute, adopt additional rules of procedure which do not conflict with the provisions of this Chapter or with Annex 15. 2. A panel re-convened under Article 7.16 (Compliance Review) or Article 7.17 (Compensation and Suspension of Concessions or other Obligations) may establish its own procedures which do not conflict with this Chapter or the Rules of Procedure in Annex 15, in consultation with the Parties to the dispute, drawing as it deems appropriate from this Chapter or the Rules of Procedure in Annex 15. 3. Panel procedures should provide sufficient flexibility so as to ensure high- quality reports, while not unduly delaying the panel process.

Panel Procedures. A panel shall adhere to this Chapter and, unless the Parties to the dispute agree otherwise, shall follow the Rules of Procedures. On request of a Party to the dispute or on its own initiative, a panel established pursuant to Article 19.11 (Establishment and Reconvening of a Panel) may, after consulting the Parties to the dispute, adopt additional rules of procedure which do not conflict with this Chapter and with the Rules of Procedures. A panel reconvened pursuant to Article 19.16 (Compliance Review) or Article 19.17 (Compensation and Suspension of Concessions or Other Obligations) may, after consulting the Parties to the dispute, establish its own rules of procedures which do not conflict with this Chapter and the Rules of Procedures, drawing as it deems appropriate from this Chapter or the Rules of Procedures. Panel procedures should provide sufficient flexibility so as to ensure high-quality reports, while not unduly delaying the panel process. Timetable After consulting the Parties to the dispute, a panel established pursuant to Article 19.11 (Establishment and Reconvening of a Panel) shall, as soon as practicable and whenever possible within 15 days of the date of its establishment, fix the timetable for the panel process. The period of time from the date of establishment of a panel until the date of issuance of the panel’s final report to the Parties to the dispute shall, as a general rule, not exceed seven months.

Panel Procedures a. Staff representatives, union stewards, and representatives of the Employer may present cases before the panel. Attorneys may attend in an advisory capacity only and will not present cases before the panel or serve as a panel member. b. Representatives may make opening statements, present cases and give closing arguments. The co-chairs may cross- examine either party and may, by mutual agreement, allow questions from other panel members. c. At the beginning of each case, each party may raise an objection if they believe there has been a procedural violation of the grievance procedure. The panel will hear arguments from the parties when such an objection is raised and render a decision on the objection prior to hearing the case. If the panel is unable to reach a decision on the objection, the panel may choose to hear the grievance on its merit. If the panel chooses to hear the grievance, this does not preclude either party from raising the objection at a later step in the grievance procedure. d. Non-participants are permitted to observe hearings. Either co-chair will have the right to exclude non-participants from the hearing room when necessary to protect the integrity of the grievance procedure or the sensitivity of the issue being grieved. e. Following presentation of each case, panel members will go into executive session. Only panel members and the panel secretary may be present during such sessions. During executive session, panel members will discuss the case and render a decision. If during an executive session, the panel determines further information is necessary in order to render a decision, the hearing will be reconvened. After a decision has been reached, all interested parties will be called into the hearing room and advised of the decision. A written decision will be delivered to the parties at that time.

Panel Procedures. 1. Panels shall be established in accordance with the provisions of Annex 8.9. 2. If a dispute has been referred to the Commission under Article 8.7 and has not been resolved within a period of 30 days after the Commission has convened or within such other period as the Commission has agreed, the Commission, on the request of either Party, shall establish a panel of experts to consider the matter and to make findings, determinations and, if requested by either Party, recommendations concerning the removal of a measure found not to conform with the Agreement. A panel shall be deemed to be established from the date of delivery to the other Party of the request of a Party. 3. The panel proceedings commenced at the request of one Party shall take place in the territory of the other Party or in a jointly agreed location. 4. Unless the Parties otherwise agree within 20 days from the date of the delivery of the request for the establishment of the panel, the terms of reference shall be: "To examine, in the light of the relevant provisions of the Agreement, the matter referred to the Commission (as set out in the request for a Commission meeting) and t o make such findings, determinations and recommendations if requested as are provided in this Article." If the complaining Party, having raised it during the Commission meeting, wishes t o argue that a matter has nullified or impaired benefits, the terms of reference shall so indicate. 5. The Commission shall, at its first meeting or shortly thereafter, establish Model Rules of Procedure. The Model Rules of Procedure shall: (a) assure a right to at least one hearing before the panel and the opportunity t o provide written submissions and rebuttal arguments; (b) permit counsel chosen by a Party to advise that Party during panel proceedings including hearings; (c) require that a Party's positions be presented by official spokespersons of that Party; and (d) set out provisions concerning confidentiality of the panel's hearings, deliberations and initial report, and written submissions to and communications with the panel. Unless otherwise agreed by the Parties, the panel shall conduct its proceedings in accordance with the Model Rules of Procedure and shall base its decision on the arguments and submissions of the Parties. 6. Unless the Parties otherwise agree, the panel shall, within 3 months after its Chairperson is appointed, present to the Parties an initial report containing findings of fact, its determination as ...

Panel Procedures. Grounds for appeal shall be limited to the failure to provide adequate consideration, i.e., procedural issues. The appeal shall set forth with specificity the nature of the alleged failure to provide adequate consideration. Within five (5) days of receiving the appeal, the lowest body rendering a negative recommendation shall submit a response to the appeal with the FRB with a copy provided to the appellant. Within ten (10) days of receiving the appeal or five (5) days of the unchallenged appointment of the panel, whichever is greater, the FRB shall convene. The appellant shall appear before the FRB to explain why he/she believes adequate consideration has not been provided and to answer questions by the FRB. While the appellant may be accompanied by person(s) of his/her choice, only the appellant may address the FRB, unless otherwise requested. The University shall be represented at the hearing by the Chief Academic Officer or designee. The FRB may consider any documents or testimony deemed relevant. The appellant bears the burden of establishing that he/she has not been accorded adequate consideration. The deliberations of the FRB shall be closed and confidential. Within seven (7) working days of the close of the hearing, the FRB shall issue a written decision to the appellant and the Chief Academic Officer that: (i) Adequate consideration was given; or (ii) Adequate consideration was not given and require that the lowest body rendering a negative recommendation reconsider. In such instances, the FRB should indicate the ways in which it believes that consideration may have been inadequate.

Panel Procedures. Article 212.

Panel Procedures. The panel will organize a meeting with the teacher within five school days of the appeal being submitted where the teacher presents the concerns to the panel and answers all questions pertaining to the appeal. The teacher cannot add or present additional evidence or artifacts that were not uploaded during the evaluation process.

Panel Procedures. 1. A panel established pursuant to Article 7.9 (Establishment of Panel) or 7.11 (Re-convening of Panel) shall adhere to this Chapter. The panel shall apply the rules of procedure set out in Annex 15 unless the Parties to the dispute agree otherwise. On the request of a Party to the dispute, or on its own initiative, the panel may, after consulting the Parties to the dispute, adopt additional rules of procedure which do not conflict with the provisions of this Chapter or with Annex 15. 2. A panel re-convened under Article 7.16 (Compliance Review) or Article 7.17 (Compensation and Suspension of Concessions or other Obligations) may establish its own procedures which do not conflict with this Chapter or the Rules of Procedure in Annex 15, in consultation with the Parties to the dispute, drawing as it deems appropriate from this Chapter or the Rules of Procedure in Annex 15. 3. Panel procedures should provide sufficient flexibility so as to ensure high- quality reports, while not unduly delaying the panel process. Timetable 4. After consulting the Parties to the dispute, a panel shall, as soon as practicable and whenever possible within 15 days after the establishment of the panel, fix the timetable for the panel process. The panel process, from the date of establishment until the date of the final report shall, as a general rule, not exceed the period of nine months, unless the Parties to the dispute agree otherwise.

Panel Procedures. 1. Panels shall follow the Working Procedures in Appendix 3 unless the panel decides otherwise after consulting the parties to the dispute. 2. Panel procedures should provide sufficient flexibility so as to ensure high-quality panel reports, while not unduly delaying the panel process. 3. After consulting the parties to the dispute, the panelists shall, as soon as practicable and whenever possible within one week after the composition and terms of reference of the panel have been agreed upon, fix the timetable for the panel process, taking into account the provisions of paragraph 9 of Article 4, if relevant. 4. In determining the timetable for the panel process, the panel shall provide sufficient time for the parties to the dispute to prepare their submissions. 5. Panels should set precise deadlines for written submissions by the parties and the parties should respect those deadlines. 6. Each party to the dispute shall deposit its written submissions with the Secretariat for immediate transmission to the panel and to the other party or parties to the dispute. The complaining party shall submit its first submission in advance of the responding party's first submission unless the panel decides, in fixing the timetable referred to in paragraph 3 and after consultations with the parties to the dispute, that the parties should submit their first submissions simultaneously. When there are sequential arrangements for the deposit of first submissions, the panel shall establish a firm time- period for receipt of the responding party's submission. Any subsequent written submissions shall be submitted simultaneously. 7. Where the parties to the dispute have failed to develop a mutually satisfactory solution, the panel shall submit its findings in the form of a written report to the DSB. In such cases, the report of a panel shall set out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes. Where a settlement of the matter among the parties to the dispute has been found, the report of the panel shall be confined to a brief description of the case and to reporting that a solution has been reached. 8. In order to make the procedures more efficient, the period in which the panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until the date the final report is issued to the parties to the dispute, shall, as a ...