Common use of Procedure for Appeal Clause in Contracts

Procedure for Appeal. 1. The residency program director will give the resident written notice of the adverse decision and the reasons for such decision. 2. Any resident aggrieved by an adverse decision may, within ten (10) business days of receipt of written notification of the decision, file a written request with the DME/DIO (or designee) for a hearing before the Appeals Board. Notification of the DME/DIO (or designee) by the resident should be made by certified mail, return receipt requested. (Failure to request a hearing shall constitute a waiver of the right to a hearing.) 3. Upon receipt of the request to appeal, the DME/DIO (or designee) shall designate a time for a hearing of the Appeals Board for purposes of investigation of the appeal. 4. Any hearing requested shall be held within twenty (20) business days after receipt of the request. 5. The DME/DIO (or designee) shall notify the resident by certified mail, return receipt requested, of the time and place of the hearing at least seven (7) business days in advance. At the same time a statement of particulars shall be provided to the resident giving the reason for the program director's action. 6. The hearing shall follow the format described below: a. The program director shall present information including documents and witnesses in support of the adverse action. b. The resident shall be entitled to present information including documents and witnesses in response to the statement of particulars and information presented by the program director and in support of their position. c. The resident may choose a resident or faculty member from his/her program, to serve as an advocate during the appeals hearing so long as written notification is given to the Director of Medical Education Services (or designee) at least three (3) business days prior to the hearing. Representation by an attorney is not permitted. d. After the introduction of all information, the Appeals Board shall deliberate and make a decision affirming, modifying or rejecting the original decision. The Appeals Board's decision is final and will be prepared into a written report. Copies of its decision shall be provided to the resident by certified mail, return receipt requested, the program director and the Director of Medical Education within seven (7) business days of the end of the hearing. e. Sample hearing protocol: 1. Presentation by Program Director  Explanation of Decision & Rationale including supporting documents and witnesses.  Opportunity for Questions by Resident & Advocate  Opportunity for Questions by Appeals Board Members 2. Presentation by Resident  Explanation of Position & Rationale including supporting documents and witnesses.  Opportunity for Questions by Program Director  Opportunity for Questions by Appeals Board Members 3. Summative Comments by Program Director 4. Summative Comments by Resident 5. Appeals Board Adjourns to Private Deliberations

Procedure for Appeal. 1. The residency program director will give the resident written notice of the adverse decision and the reasons for such decision. 2. Any resident aggrieved by an adverse decision may, within ten (10) business days of receipt of written notification of the decision, file a written request with the DME/DIO (or designee) for a hearing before the Appeals Board. Notification of the DME/DIO (or designee) by the resident should be made by certified mail, return receipt requested. (Failure to request a hearing shall constitute a waiver of the right to a hearing.) 3. Upon receipt of the request to appeal, the DME/DIO (or designee) shall designate a time for a hearing of the Appeals Board for purposes of investigation of the appeal. 4. Any hearing requested shall be held within twenty (20) business days after receipt of the request. 5. The DME/DIO (or designee) shall notify the resident by certified mail, return receipt requested, of the time and place of the hearing at least seven (7) business days in advance. At the same time a statement of particulars shall be provided to the resident giving the reason for the program director's action. 6. The hearing shall follow the format described below: a. The program director shall present information including documents and witnesses in support of the adverse action. b. The resident shall be entitled to present information including documents and witnesses in response to the statement of particulars and information presented by the program director and in support of their position. c. The resident may choose a resident or faculty member from his/her program, to serve as an advocate during the appeals hearing so long as written notification is given to the Director of Medical Education Services Administration (or designee) at least three (3) business days prior to the hearing. Representation by an attorney is not permitted. d. After the introduction of all information, the Appeals Board shall deliberate and make a decision affirming, modifying or rejecting the original decision. The Appeals Board's decision is final and will be prepared into a written report. Copies of its decision shall be provided to the resident by certified mail, return receipt requested, the program director and the Director of Medical Education within seven (7) business days of the end of the hearing. e. Sample hearing protocol: 1. Presentation by Program Director  Explanation of Decision & Rationale including supporting documents and witnesses.  Opportunity for Questions by Resident & Advocate  Opportunity for Questions by Appeals Board Members 2. Presentation by Resident  Explanation of Position & Rationale including supporting documents and witnesses.  Opportunity for Questions by Program Director  Opportunity for Questions by Appeals Board Members 3. Summative Comments by Program Director 4. Summative Comments by Resident 5. Appeals Board Adjourns to Private Deliberations

Procedure for Appeal. 1. The residency program director will give the resident written notice of the adverse decision and the reasons for such decision. 2. Any resident aggrieved by an adverse decision may, within ten (10) business days of receipt of written notification of the decision, file a written request with the DME/DIO (or designee) for a hearing before the Appeals Board. Notification of the DME/DIO (or designee) by the resident should be made by certified mail, return receipt requested. (Failure to request a hearing shall constitute a waiver of the right to a hearing.) 3. Upon receipt of the request to appeal, the DME/DIO (or designee) shall designate a time for a hearing of the Appeals Board for purposes of investigation of the appeal. 4. Any hearing requested shall be held within twenty (20) business days after receipt of the request. 5. The DME/DIO (or designee) shall notify the resident by certified mail, return receipt requested, of the time and place of the hearing at least seven (7) business days in advance. At the same time a statement of particulars shall be provided to the resident giving the reason for the program director's action. 6. The hearing shall follow the format described below: a. The program director shall present information including documents and witnesses in support of the adverse action. b. The resident shall be entitled to present information including documents and witnesses in response to the statement of particulars and information presented by the program director and in support of their position. c. The resident may choose a resident or faculty member from his/her program, to serve as an advocate during the appeals hearing so long as written notification is given to the Director of Medical Education Services Administration (or designee) at least three (3) business days prior to the hearing. Representation by an attorney is not permitted. d. After the introduction of all information, the Appeals Board shall deliberate and make a decision affirming, modifying or rejecting the original decision. The Appeals Board's decision is final and will be prepared into a written report. Copies of its decision shall be provided to the resident by certified mail, return receipt requested, the program director and the Director of Medical Education within seven (7) business days of the end of the hearing. e. Sample hearing protocol: 1. Presentation by Program Director  • Explanation of Decision & Rationale including supporting documents and witnesses.  • Opportunity for Questions by Resident & Advocate  • Opportunity for Questions by Appeals Board Members 2. Presentation by Resident  • Explanation of Position & Rationale including supporting documents and witnesses.  • Opportunity for Questions by Program Director  • Opportunity for Questions by Appeals Board Members 3. Summative Comments by Program Director 4. Summative Comments by Resident 5. Appeals Board Adjourns to Private Deliberations

Procedure for Appeal. 1. The residency program director will give the resident written notice of the adverse decision and the reasons for such decision. 2. Any resident aggrieved by an adverse decision may, within ten (10) business days of receipt of written notification of the decision, file a written request with the DME/DIO (or designee) for a hearing before the Appeals Board. Notification of the DME/DIO (or designee) by the resident should be made by certified mail, return receipt requested. (Failure to request a hearing shall constitute a waiver of the right to a hearing.) 3. Upon receipt of the request to appeal, the DME/DIO (or designee) shall designate a time for a hearing of the Appeals Board for purposes of investigation of the appeal. 4. Any hearing requested shall be held within twenty (20) business days after receipt of the request. 5. The DME/DIO (or designee) shall notify the resident by certified mail, return receipt requested, of the time and place of the hearing at least seven (7) business days in advance. At the same time a statement of particulars shall be provided to the resident giving the reason for the program director's action. 6. The hearing shall follow the format described below: a. The program director shall present information including documents and witnesses in support of the adverse action. b. The resident shall be entitled to present information including documents and witnesses in response to the statement of particulars and information presented by the program director and in support of their position. c. The resident may choose a resident or faculty member from his/her program, to serve as an advocate during the appeals hearing so long as written notification is given to the Director of Medical Education Services (or designee) at least three (3) business days prior to the hearing. Representation by an attorney is not permitted. d. After the introduction of all information, the Appeals Board shall deliberate and make a decision affirming, modifying or rejecting the original decision. The Appeals Board's decision is final and will be prepared into a written report. Copies of its decision shall be provided to the resident by certified mail, return receipt requested, the program director and the Director of Medical Education within seven (7) business days of the end of the hearing. e. Sample hearing protocol: 1. Presentation by Program Director  • Explanation of Decision & Rationale including supporting documents and witnesses.  • Opportunity for Questions by Resident & Advocate  • Opportunity for Questions by Appeals Board Members 2. Presentation by Resident  • Explanation of Position & Rationale including supporting documents and witnesses.  • Opportunity for Questions by Program Director  • Opportunity for Questions by Appeals Board Members 3. Summative Comments by Program Director 4. Summative Comments by Resident 5. Appeals Board Adjourns to Private Deliberations