ASME C&S Training Module B7 MODULE B - PROCESS SUBMODULES B1. Organizational Structure B2. Standards Development: Roles and Responsibilities B3. Conformity Assessment: Roles and Responsibilities B4. Initiating Standards Projects B5. Consensus Process for Standards Development B6. The Basics of Parliamentary Procedure B7. The Appeals Process B8. International Standards Development B9. ASME Conformity Assessment Programs
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ASME C&S Training Module B7 MODULE B - PROCESS SUBMODULES B1. Organizational Structure B2. Standards Development: Roles and Responsibilities B3. Conformity.
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ASME C&S Training Module B7
MODULE B - PROCESS
SUBMODULESB1. Organizational StructureB2. Standards Development: Roles and ResponsibilitiesB3. Conformity Assessment: Roles and ResponsibilitiesB4. Initiating Standards ProjectsB5. Consensus Process for Standards DevelopmentB6. The Basics of Parliamentary ProcedureB7. The Appeals ProcessB8. International Standards DevelopmentB9. ASME Conformity Assessment Programs
ASME C&S Training Module B7
DATE SLIDE CHANGE 1/15/04 9 Notes
10, 11, and 17 Notes
18 & Notes19 Notes
23 Notes27 & Notes
Both bulleted items revised.
First bulleted item revised.Last item revised.First bulleted item under "Objections to committee or panel membership:" and second bulleted item under "Request for a closed hearing:" revised.Item under "The deliberations" revised.First item in slides and notes revised.
REVISIONS
B7. The Appeals Process
ASME C&S Training Module B7 Slide 4
OBJECTIVES
This submodule will– Review the process for appealing standards
actions, administrative actions, or inactions
ASME C&S Training Module B7 Slide 5
AGENDA
I. Appeals Overview
II. Standards Committee Appeal
ASME C&S Training Module B7 Slide 6
I. APPEALS OVERVIEW
ASME C&S Training Module B7 Slide 7
DUE PROCESS
• Due process means ensuring that every materially interested party, whether individual or organization– Has the opportunity to express a position– Can be confident that the position will be
considered– Has the right to appeal both technical and
procedural issues if adversely affected
ASME C&S Training Module B7 Slide 8
DUE PROCESS
• Procedural implementation– Proposed standard submitted for committee
vote & public review and comments solicited– Effort made to resolve objections– Written response made to objections– Unresolved objector notified of appeals process
ASME C&S Training Module B7 Slide 9
APPEALS PROCESS
• Levels of appeal—from first to last – Standards Committee– Supervisory Board – Board on Hearings and Appeals (BHA)– ANSI
(cont’d)
ASME C&S Training Module B7 Slide 10
APPEALS PROCESS
• Levels of appeal—from first to last (cont’d)– Standards Committee• First level of appeal for both administrative and
technical actions, or inaction• Can revise the standard
– Supervisory Board – Board on Hearings and Appeals (BHA)– ANSI
(cont’d)
ASME C&S Training Module B7 Slide 11
APPEALS PROCESS
• Levels of appeal—from first to last (cont’d)– Standards Committee– Supervisory Board • Can overrule administrative or procedural
decisions• Must refer technical issues back to the
Standards Committee• Can hold or suspend appealed actions
– Board on Hearings and Appeals (BHA)– ANSI
(cont’d)
ASME C&S Training Module B7 Slide 12
APPEALS PROCESS
• Levels of appeal—from first to last (cont’d)– Standards Committee– Supervisory Board – Board on Hearings and Appeals (BHA)• Reviews procedural due process issues only• Will decline to hear an invalid appeal
– ANSI
(cont’d)
ASME C&S Training Module B7 Slide 13
APPEALS PROCESS
• Levels of appeal—from first to last (cont’d)– Standards Committee– Supervisory Board – Board on Hearings and Appeals (BHA)– ANSI• American National Standards only
ASME C&S Training Module B7 Slide 14
POP QUIZ #1
a. Standards Committee
b. Supervisory Board
c. Board on Hearings and Appeals
1. Which of the following will consider appeals of procedural due process issues?
a. Standards Committee
b. Supervisory Board
c. Board on Hearings and Appeals
2. Which of the following will consider appeals of technical issues?
(cont’d)
ASME C&S Training Module B7 Slide 15
POP QUIZ #1(cont’d)
a. Standards Committee
b. Supervisory Board
c. Board on Hearings and Appeals
3. Which of the following can change a technical standard?
ASME C&S Training Module B7 Slide 16
II. STANDARDS COMMITTEE APPEAL
ASME C&S Training Module B7 Slide 17
STANDARDS COMMITTEE APPEAL
• Steps
1. Notification of Appeal
2. Pre-Hearing Activities
3. The Appeal Hearing
4. Post-Hearing Activities
ASME C&S Training Module B7 Slide 18
NOTIFICATION OF APPEAL
• Written notice of intent to appeal– Filed with Secretary of relevant Standards
Committee– Stops further action on standard
• Appeal statement– Detailed objection or appeal statement – Must follow notice within 10 days
ASME C&S Training Module B7 Slide 19
PRE-HEARING ACTIVITIES
• Standards Committee tasks– Committee Chair appoints Respondents– Respondents prepare Committee Response– Committee schedules hearing for full consensus
committee or hearing panel
ASME C&S Training Module B7 Slide 20
PRE-HEARING ACTIVITIES
• Objections to committee or panel membership– Should be submitted 10 working days before – Must be resolved before hearing– Ref: Society Policy P-15.8, Conflicts of Interest
• Request for a closed hearing– Limits hearing to voting committee members,
appellants, respondents, ASME staff and legal counsel
– Must be made in writing– Must be submitted 10 working days before
ASME C&S Training Module B7 Slide 21
PRE-HEARING ACTIVITIES
• Hearing Agenda– Secretary prepares Appeal Hearing Agenda• Contents: –Order of presentations of position–Order of rebuttal presentations–Recommended time limits
• Ref: ASME C&S Guidelines for Appeal Hearing Agendas*
* NOTE: Not applicable to accreditation, certification or registration hearings
ASME C&S Training Module B7 Slide 22
PRE-HEARING ACTIVITIES
• Hearing Documentation– Secretary distributes to all concerned parties:• Appeal Statement• Committee Response• Hearing Agenda
NOTE: Must be distributed at least 15 working days prior to hearing
ASME C&S Training Module B7 Slide 23
POP QUIZ #2
a. Challenge the assigned Respondents
b. Challenge the hearing panel membership
c. Request a different hearing date
d. Request a closed hearing
e. Skip the committee and appeal directly to the Supervisory Board
An appellant may (select all that apply):
ASME C&S Training Module B7 Slide 24
THE APPEAL HEARING
• Steps– Presentation of positions, rebuttals and closing
remarks– Questions and Answers– Deliberations (Executive Session)• Limited to voting members, ASME staff and