Appeals Procedure

Appeals Procedure

1. Failing examination scores cannot be appealed.
   
   
2. An individual who has received an unfavorable ruling from the ABPath or a Committee of the ABPath may appeal such determination by sending a notice of appeal to the ABPath within 60 days of the date such ruling was made available to the individual.
   
   
3. On receipt of a notice of appeal, the applicable ABPath committee:
   
   • Will invite the individual to submit, in writing, such information as the individual feels appropriate in support of the appeal.
   • May make such further investigation as it deems appropriate.
   • May request the individual to submit additional information.
   • Will reconsider the unfavorable ruling and report its decision to the individual and the president of the ABPath.
   • Will specify the grounds for any unfavorable action.
   • In the case of an unfavorable ruling, will inform the individual that he/she may request a hearing before an appeals committee of the ABPath by doing so in writing within 30 days of the date the notice of unfavorable action was mailed.
     
     
     
4. On receipt of a request for a hearing, the Chief Executive Officer will inform the President of the ABPath, who will appoint an ad hoc appeals committee consisting of three trustees who are not members of the committee whose determination is being appealed.
   
   • The chairperson of the ad hoc committee will convene a meeting of the committee within 90 days of the date of its appointment to conduct a hearing at which the individual may appear in person with a legal and/or other representative to present such information deemed appropriate in support of the individual’s position.
   • Not less than 30 days prior to the hearing, the Chief Executive Officer will send written notice to the ad hoc committee and to the appellant stating the time and place of the hearing and will provide them copies of written material and a list of witnesses that the concerned committee intends to present at the hearing.
   • The Chief Executive Officer will also specify any information and documents the individual is required to produce at the hearing.
   • Not less than seven days prior to the hearing, the concerned ABPath committee will provide the Chief Executive Officer and the individual with copies of any written reports, affidavits, or statements of experts the concerned ABP committee intends to present at the hearing.
   • Not less than seven days prior to the hearing, the individual will provide the Chief Executive Officer with such written information concerning his or her position as he or she deems appropriate; a list of witnesses, if any, whom he or she expects to call to testify; and copies of any written reports, affidavits, or statement of experts he or she intends to present at the hearing.
   • The Chief Executive Officer will submit the written material referred to above to the members of the Appeals Committee prior to the hearing.
   • At the hearing, the concerned ABPath committee and its legal or other representatives will present such relevant information and evidence as it deems appropriate to support its previously made determination. However, the committee will not have the right to present any information or evidence not previously provided as required in C.4 and C.5 above. The committee may call, examine, and cross-examine witnesses.
   • The individual will have the right to be represented at the hearing by legal counsel or any person of his or her choice. He or she may present such relevant information and evidence as he or she deems appropriate in support of his or her position. However, the individual will not have the right to present any information or evidence if not previously provided as required above. The failure of the individual to produce information or documents requested by the concerned ABPath committee as required will be grounds for upholding and confirming the determination of the concerned ABPath committee.
   • The individual and the concerned ABPath committee may submit written statements at the close of the hearing.
   • A written record of the hearing will be made available to the individual at one-half the cost of its preparation.
   • The decision of the Appeals Committee will be by vote of a majority of the committee members based on the information presented at the hearing.
   • The committee may affirm, modify, or overrule the decision of the ABPath committee.
   • The Appeals Committee will inform the individual, the concerned committee, and the president of the ABPath, in writing, of its decision and the reasons therefore within a reasonable time of the hearing.
   • The decision of the Appeals Committee will be final and binding.