Summary decision Clause Samples

A summary decision clause allows a court or tribunal to resolve a dispute or specific issues within a case without proceeding to a full trial, typically when there is no genuine dispute over the material facts. In practice, this clause enables a party to apply for a summary judgment or dismissal if the opposing party's claim or defense lacks sufficient evidence or legal merit. Its core function is to streamline legal proceedings by eliminating unnecessary trials, saving time and resources for both the parties and the court.
Summary decision. (1) Where no genuine issue of ma- terial fact is found to have been raised, the administrative law judge shall issue an initial decision to become
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Summary decision. (1) Where no genuine issue of ma- terial fact is found to have been raised, the administrative law judge shall issue an initial decision to become final 30 days after service thereof upon each party unless, within those 30 days, any party has filed written exceptions to the decision with the Secretary. Re- quests for extension of time to file ex- ceptions may be granted if the requests are received by the Secretary no later than 25 days after service of the deci- sion. (2) If any timely exceptions are filed, the Secretary may set a time for filing any response to the exceptions with supporting reasons. All exceptions and responses thereto shall be served on all the parties. (1) The Secretary, after consider- ation of the decision, the exceptions, and any supporting briefs filed there- with and any responses to the excep- tions with supporting reasons, shall issue a final decision. (2) An initial decision and a final de- cision under this section shall include a statement of: (i) Findings of fact and conclusions of law and the reasons and bases therefor on all issues presented; (ii) Reference to any material fact based on official notice; and (iii) The terms and conditions of the rule or order made. The final decision shall be published in the FEDERAL REGISTER and served on all the parties. (c) Where a genuine material ques- tion of fact is raised, the administra- tive law judge shall, and in any other case may, set the case for an evi- dentiary hearing. A notice of such hearing shall be published in the FED- ERAL REGISTER at least 30 days prior to the hearing date.
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Related to Summary decision

  • SITE-BASED DECISION MAKING A. The District shall provide the training and staff development to support accountability/site- based decision-making activities. Teachers shall be given release time to attend these programs. B. Participation on the SAC shall not serve as a basis for the evaluation of any teacher. C. A minimum of three (3) to a maximum of five (5) teachers from each school shall serve on their school’s budget advisory committee formed for the purpose of making recommendations on the school’s general fund budget. Teacher members shall be elected by the faculty. Minutes from such meetings may be requested by the faculty and may be posted on the CTA bulletin board at the school by the Association Representative.

  • Automated decisions For purposes hereof “automated decision” shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when: a) i. such decisions are made by the data importer in entering into or performing a contract with the data subject, and

  • Claim Decision Upon receipt of such claim, the Plan Administrator shall respond to such claimant within ninety (90) days after receiving the claim. If the Plan Administrator determines that special circumstances require additional time for processing the claim, the Plan Administrator can extend the response period by an additional ninety (90) days for reasonable cause by notifying the claimant in writing, prior to the end of the initial ninety (90) day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Plan Administrator expects to render its decision. If the claim is denied in whole or in part, the Plan Administrator shall notify the claimant in writing of such denial. The Plan Administrator shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth: (i) The specific reasons for the denial; (ii) The specific reference to pertinent provisions of the Agreement on which the denial is based; (iii) A description of any additional information or material necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; (iv) Appropriate information as to the steps to be taken if the claimant wishes to submit the claim for review and the time limits applicable to such procedures; and (v) A statement of the claimant’s right to bring a civil action under ERISA Section 502(a) following an adverse benefit determination on review.

  • Review of Decision Within sixty (60) days after the Secretary’s receipt of a request for review, he or she will review the Company’s determination. After considering all materials presented by the Claimant, the Secretary will render a written opinion, written in a manner calculated to be understood by the Claimant, setting forth the specific reasons for the decision and containing specific references to the pertinent provisions of this Agreement on which the decision is based. If special circumstances require that the sixty (60) day time period be extended, the Secretary will so notify the Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after receipt of the request for review.

  • Review Procedure If the Plan Administrator denies part or all of the claim, the claimant shall have the opportunity for a full and fair review by the Plan Administrator of the denial, as follows: