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XVI. Appeal Process for Adverse Decisions (Ethics Related)
Right of Appeal
Individuals sanctioned by the ABNM may appeal the adverse decision by submitting a request for reconsideration, in writing and by registered mail or courier, to the ABNM, or to the individual representing the interests of the ABNM, within 10 business days from the date of the notification from the ABNM of the sanction in question.
Appeal Process
The request for reconsideration of an adverse decision against a Diplomate or applicant will result in a hearing between the Executive Committee of the ABNM and the Affected Individual. The appeal hearing must occur within one calendar month from the date of the receipt by the ABNM Board of Directors or by the individual representing the interests of the ABNM of the Affected Individual’s notice of request for reconsideration, and on a date that is agreed upon by both the ABNM and the Affected Individual. The location of the meeting will be decided by the ABNM. The hearing will convene with both the ABNM Executive Committee and the affected individual present and may not be rescheduled. Legal counsel or other representatives of the Affected Individual are not permitted to attend or participate. Failure of the affected individual to attend the scheduled hearing will result in dismissal of the appeal.
At the hearing, the Affected Individual will have the opportunity to present new material, previously undiscovered material and/or all and any material deemed pertinent to the appeal to the ABNM. Discussion will permit both the ABNM and Affected Individual to establish any revision to or new facts pertinent to the request for reconsideration. No decisions will be made at the hearing. Following the hearing, the ABNM Chairman will present a review of the hearing to the ABNM Board who may decide to confirm or to modify the original sanction against the Affected Individual. All such determinations shall be at the sole and exclusive discretion of the ABNM.
Alternatively, the request in writing for reconsideration of the adverse decision may waive the right of a hearing. In this case, the Affected Individual may choose to submit all materials relevant to the appeal in writing to the ABNM, or, to the individual representing the interests of the ABNM, within 30 calendar days from the date of the notification from the ABNM of the sanction in question. Failure of the Affected Individual to submit any materials in writing within 30 calendar days from the date of the notification from the ABNM of the sanction in question will result in dismissal of the appeal.
Final Decision and Notice
The Affected Individual will be notified in writing of the final decision by the Board of Directors within 10 business days from the date of the hearing, or, the date of receipt of a written appeal. The decision of the Board of Directors shall be final, conclusive and binding upon the Affected Individual, and shall be incontestable by the Affected Individual. The Affected Individual shall have no further appeal from the final determination of the Board of Directors
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Certificate Reinstatement
Suspension
Should the circumstances that justified suspension of certification be corrected, the Board of Directors of the ABNM, at their sole and exclusive discretion, may, but shall not be required to, approve reinstatement of the certificate after appropriate review of the individual's eligibility using the same standards as applied to applicants for recertification and after a certain discretionary period of time that the individual’s status of “Suspended” has elapsed. All such determinations shall be at the sole and exclusive discretion of the ABNM.
An individual whose certification has been suspended and has received the Board of Directors’ reinstatement approval, regardless of their initial certification status or prior dates of certification, will be required to take and pass the next recertification examination to reinstate their certification. Upon passing the recertification examination, that individual will be awarded a new, time-limited certificate and will be listed by the ABNM as having a reporting status of ABNM “Certified”.
Revocation
Should the circumstances that justified revocation of certification be corrected, the Board of Directors of the ABNM at their sole and exclusive discretion may, but shall not be required to, approve the application for new certification after appropriate review of the individual's eligibility using the same standards as applied to applicants for certification that are in effect at that time and after a certain discretionary period of time that the individual’s status of “Revoked” has elapsed. All such determinations shall be at the sole and exclusive discretion of the ABNM.
An individual whose certification has been revoked and has received the Board of Directors’ approval to apply for new certification, regardless of their initial certification status or prior dates of certification, will be required to take and pass the next available ABNM Part I-Written examination and will then be required to immediately take and pass the next available ABNM Part II-Oral examination, to establish a new certification. Upon passing both Part I and Part II examinations, that individual will be awarded a new, time-limited certificate and will be listed by the ABNM as having a reporting status of ABNM “Certified”.
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