An individual who has received an unfavorable ruling from the ABP or a committee of the ABP may appeal such determination by mailing a notice of appeal to the ABP within sixty days of the date such ruling was mailed to the individual. However, failure of a certifying examination may be appealed only in the manner and to the extent provided in paragraph 11, which follows.
On receipt of a notice of appeal, the applicable ABP committee will invite the individual to submit in writing such information as the individual feels appropriate in support of the appeal. The committee may make such further investigation as it deems appropriate and may request the individual to submit additional information. The committee, acting on all the information before it, will reconsider the unfavorable ruling and report its decision to the individual and the president of the ABP. Any notice of unfavorable action will specify the grounds for the action and inform the individual that he/she may request a hearing before an appeals committee of the ABP by doing so in writing within thirty days of the date the notice of unfavorable action was mailed.
On receipt of a request for a hearing, the executive vice president will inform the president of the ABP, 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 ninety 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 thirty days prior to the hearing, the executive vice president 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 executive vice president 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 ABP committee will provide the executive vice president 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 executive vice president with such written information concerning his/her position as he/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/she intends to present at the hearing.
The executive vice president will submit the written material referred to in paragraphs 4 and 5 to the members of the Appeals Committee prior to the hearing.
At the hearing, the concerned ABP 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 paragraphs 4 and 5. 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/her choice. He/she may present such relevant information and evidence as he/she deems appropriate in support of his/her position. However, the individual will not have the right to present any information or evidence not previously provided as required in paragraphs 4 and 5. The failure of the individual to produce information or documents requested by the concerned ABP committee as required in paragraph 4 will be grounds for upholding and confirming the determination of the concerned ABP committee.
The individual and the concerned ABP 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 ABP committee. The Appeals Committee will inform the individual, the concerned committee, and the president of the ABP 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.
A candidate who fails a MOC examination may request that the examination be rescored to verify the accuracy of the results as reported. Such request must be made in writing to the executive vice president of the ABP within ninety days of the date of mailing of the results of the examination to the candidate and must include a fee of $50 per certifying examination or part thereof. There will be no further appeal from failure of an examination.