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Page 10 of 13 CPLSO Procedures for the Development and Coordination of Standards (ANSI Approved: 11th December 2018) Annex D – Appeals Procedures Persons who have directly and materially affected interests and who have been or may be adversely affected by a substantive or procedural action or inaction of the consensus body or CPLSO shall have the right to appeal to CPLSO using the steps below. A fixed fee of $1000 shall be charged for substantive or procedural appeals. Requests for fee waivers or reductions shall be directed in writing to the committee Secretariat. Such requests shall be accompanied by supporting reasons for the request (hardship, anticipated workload, etc.). Complaint submitted to CPLSO The appellant shall file a written complaint with CPLSO within thirty (30) days after the date of notification of action or at any time with respect to inaction. The complaint shall state the nature of the objection(s) including any adverse effects, the clause(s) of these procedures or the standard that is at issue, actions or inactions that are at issue, and the specific remedial action(s) that would satisfy the appellant’s concerns. Previous efforts to resolve the objection(s) and the outcome of each shall be noted. CPLSO response Within thirty (30) days after receipt of the complaint, CPLSO shall respond in writing to the appellant, specifically addressing each allegation of fact in the complaint to the extent of the respondent’s knowledge. Hearing If the appellant and the respondent are unable to resolve the written complaint informally in a manner consistent with these procedures, CPLSO shall schedule a hearing (in person or by teleconference) with an appeals panel on a date agreeable to all participants, giving at least ten (10) working days notice. Appeals panel The appeals panel shall consist of three individuals who have not been directly involved in the matter in dispute, and who will not be materially or directly affected by any decision made or to be made in the dispute. At least two members shall be acceptable to the appellant and at least two shall be acceptable to the respondent. If the appellant and CPLSO cannot agree upon the final composition of the appeals panel within 15 working days, CPLSO may appoint the panel. Conduct of the hearing The appellant has the burden of demonstrating adverse effects, improper actions or inactions, and the efficacy of the requested remedial action. The respondent has the burden of demonstrating that the consensus body and the secretariat took all actions in compliance with these procedures and that the requested remedial action would be ineffective or detrimental. Each party may adduce other pertinent arguments, and members of the appeals panel may address questions to individuals. Robert’s Rules of Order (latest edition) shall apply to questions of parliamentary procedure for the hearing not covered herein. Decision The appeals panel shall render its decision in writing within thirty (30) days, stating findings of fact and conclusions, with reasons therefore, based on a preponderance of the evidence presented to the appeals panel. The Appellant will receive a copy of the Appeal decision. Consideration shall be given to the following positions, among others, in formulating the decision: Finding for the appellant, remanding the action to the consensus body or the secretariat with a specific statement of the issues and facts in regard to which fair and equitable action was not taken; Finding for the respondent, with a specific statement of the facts that demonstrate fair and equitable treatment of the appellant and the appellant’s objections; Finding that new, substantive evidence has been introduced, and remanding the entire action to the consensus body for appropriate reconsideration.
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