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 Maureen McCann, AMS Commissioner of Professional Affairs at email@example.com.
(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.
(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.
(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.
1Conflict of interest may include business relationships, competition on projects or contracts, or academic relationships.