AMS Appeals Process
When the AMS receives an appeal, an Appeals Committee made up of either 3 Sealholders, CBMs, or CCMs (depending on the certification) is formed. The appeals process does not simply re-evaluate an individual's application. The appeal, to be successful, needs to show that the process failed to be followed correctly or that there were extenuating circumstances that did not allow for a fair evaluation. If the procedures were followed to the letter, and the Board fails a candidate, then that failure must stand. The Appeals Committee will not review any other material except for what was originally sent to the Board in addition to the materials outlined below. If a candidate believes that the Board did not follow the proper procedures and the evaluation was handled unfairly, he/she may appeal the decision in writing (stating the reasons for the appeal) within 90 days from the receipt of notice to the AMS Executive Committee, 45 Beacon St., Boston, MA 02108-3693. The fee to appeal is $100 (The Executive Committee reserves the right to waive the fee in cases
of financial hardship.) Otherwise, candidates may wish to consider reapplying if they are eligible to do so. Requests for waivers of the waiting period to reapply may be sent to Jay Trobec, AMS Commissioner of Professional Affairs at firstname.lastname@example.org.
- Upon receipt of a claim of appeal, the Executive Director shall forward a copy of the same to the President and shall notify the Chairperson of the Original Board to assemble all of the documents and other tangible exhibits concerning the processing at the Original Board and likewise send the same to the President.
- The President, with the advice of the Commissioner of Professional Affairs and the Executive Director, shall appoint a chairperson and two additional members of the Appeals Committee to hear and process the appeal. The appointees shall be members of the Society who, in the judgment of the appointing authority, have the requisite expertise in the particular area of the profession, which is the subject matter of the appeal. Each appointee, upon his/her acceptance of the appointment, shall certify that he/she is not aware of any conflict of interest1 or bias or any reason why he/she cannot serve fairly and impartially on the Appeals Committee. The appointed Chairperson shall be given all of the documents and other tangible exhibits concerning the processing at the Original Board.
- The appointed Chairperson of the Appeals Committee shall notify the Appellant of the names and occupations of the members so appointed and shall submit to the Appellant a copy of the appeal procedures of the Appeals Committee. Within 15 days, the Appellant may object to a member sitting on the Appeals Committee, stating his/her reasons therefore in writing. The determination of the validity of any such objection shall be made by the President and if upheld, a new member shall be appointed, again subject to objection by the Appellant for cause. The Appellant shall also be notified of his right to examine the materials concerning the processing at the Original Board, which have been given to the Appeals Committee Chairperson.
- Simultaneously, the Chairperson shall advise the Appellant to set forth in writing within 45 days, with copy to the chairperson of the Original Board, the following:
(i) A clear and concise statement of the reasons for the appeal specifying all facts in support of a claim that the Original Board's determination was clearly wrong. Reference may be made to material presented to the Original Board.
(ii) Any other written documentation or tangible materials in support of a claim that the Original Board was clearly wrong and the reasons why it was not submitted to the Original Board.
(iii) Any memorandum or argument in support of the claim of appeal.
- The Chairperson of the Original Board, upon receipt of copies of the written materials sent by the Appellant to the Appeals Committee, may within 15 days file a further written response with the Chairperson of the Appeals Committee if, in his/her judgment, the claim of appeal and supporting data do not fairly set forth what transpired before the Original Board. Any such submission by the Chairperson of the Original Board shall be filed with a copy to the Appellant, and the Appellant shall be given an opportunity to further respond in writing within an additional 15 days.
- The Appeals Committee shall consider the claim by the Appellant but with due reference to the judgment of the Original Board and shall affirm the judgment of the Original Board unless the decision of the Original Board was clearly wrong. In reaching its determination, the Appeals Committee shall act by majority vote and, at their election, may process the appeal as follows:
(i) By a review of the written material and tangible evidence submitted to them as aforesaid.
(ii) In addition to the review of the written materials before them, they may request the Appellant, Chairperson of the Original Board or any other party to submit further written or documentary evidence bearing on the issues.
(iii) In addition to paragraph (i) and (ii), the Appeals Committee may meet personally with the Appellant, Chairperson of the Original Board or any other person.
(iv) The Appeals Committee, in addition to Paragraphs (i), (ii) and (iii), may assume and conduct a review to the full extent as provided for in the Policies and Procedures of the Original Board. There shall be no ex parte communication with the members of the Appeals Committee concerning the subject matter of the appeal. In the event the Appellant, Chairperson or member of the Original Board or any other person makes any ex parte communication with any members of the Appeals Committee, all other interested parties should be notified immediately and given an opportunity to respond.
- The Appeals Committee shall render either a unanimous or majority written decision and shall have the authority as follows:
(i) To affirm the decision of the Original Board.
(ii) To remand to the Original Board with instructions for further processing the subject matter of the appeal before the Original Board.
(iii) To modify in whole or in part the decision appealed from.
(iv) To reverse and substitute its own decision in lieu of the decision of the Original Board.
- Copies of the decision of the Appeals Committee shall be final and sent to the Appellant, Chairperson of the Original Board, the Executive Committee, the President, and the Executive Director.
1Conflict of interest may include business relationships, competition on projects or contracts, or academic relationships.
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