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Appeals, Grievance & Investigatory Procedures

APPEALS PROCEDURE
Any request to waive any policy of the NCC Board of Directors relative to eligibility, administration, examination content issues, or certification maintenance must be received in writing or email to nccpresident@nccnet.org within 60 days of the dispute. The correspondence should contain a detailed account as to why the NCC policy should be waived or the candidate’s status should be changed. Such requests are referred to the NCC Policy Review Committee of the Board of Directors. All decisions will be provided in writing.
GRIEVANCE PROCEDURE
In the event a candidate questions a decision of NCC regarding eligibility, policy or any other matter and it is not resolved by the Policy Review Committee procedure, the candidate or certificant will have the opportunity to initiate a review procedure by submitting a written notice to the Board of Directors. Such notice must be submitted within 60 days of the date the written notice is mailed to the candidate regarding the decision of NCC.
The Board will refer all properly and timely raised issues to a Review Committee. Upon notice of referral the candidate and NCC will have 30 days to submit a written statement or other material for review by the Committee.
The Review Committee will be composed of three individuals as designated by the Board of Directors. None of the members of the Review Committee shall be a member of the Board of Directors.
The Review Committee shall review any written statements or other material submitted by the candidate/certificant and NCC. On the basis of written statements received, the Review Committee shall issue its opinion either (1) that reasonable evidence exists to support the contention of the candidate or (2) that reasonable evidence does not exist to support the candidate/certificant.
In the event, the Committee determines that reasonable evidence does not exist to support the candidate, this finding shall be final.
In the event the Committee determines that reasonable evidence does exist to support the candidate, this finding and all evidence considered by the Committee shall be submitted to the Board of Directors who shall then consider all the evidence.
The Board of Directors may provide opportunity for the candidate and NCC to provide additional written information in support their respective contention. The Board shall on the basis of the information submitted to it make a finding in favor of the candidate or NCC.
Any determination of the Board of Directors shall be final.
A final decision on the issue raised by the candidate/certificant shall be made within 90 days from the date on which the Board refers the question to the Review Committee, provided that a longer period will be allowed upon mutual agreement of all parties or upon a showing of uncooperativeness by the candidate/certificant.
Investigatory Procedure
Whenever NCC has reason to believe, on the basis of reasonable evidence, that any individual seeking to maintain any certi­fication, or any individual who has been certified or recertified, has made any statement or followed any course of conduct affecting the individual’s eligibility or continued eligibility for certification, the NCC may initiate a review procedure.
Upon receipt of any information reasonably evidencing such statement or conduct, the Board of Directors shall designate a review committee composed of three or more members of the Board to review the evidence and to collect any additional information the committee deems appropriate.
Within 30 days of its designation, the committee shall report its findings to the Board as to the probable validity of the evidence and the probable effect of such evidence on certification or maintenance of certification eligibility of the individual. If the committee finds that such evidence, if true, would have changed the certification or maintenance of certification eligibility of the individual, the Board shall either designate an investigating committee composed of three individuals who are not members of the Board to investigate the matter or refrain from further investigation.
Simultaneously with creation of an investigating committee, the Board shall send written notice to the individual along with such information as shall be necessary to describe the nature of the matter to be investigated.
The investigating committee may request and obtain such information as it deems necessary and appropriate in order to investigate and to evaluate the matter. It should provide opportunity to the individual to submit written state­ments and any other documentary evidence in support of or refutation of the matter being investigated (the "charge").
After its review of all submitted written and other evidence, the investigating committee shall issue its opinion that the evidence either (1) supports the charge or (2) does not support. the charge.
In the event the investigating committee determines that the evidence does not support the charge, this finding shall be final.
In the event the investigating committee finds' that the evidence does support the charge, its findings and all other evidence considered by it shall be submitted to the Board of Directors, which shall then consider all the evidence.
The Board may provide further opportunity for the individual to submit any statements or evidence in refutation of the findings of the investigating committee.
The Board shall, on the basis of the information submitted to it, make a finding either that the evidence supports the charge or that the evidence does not support the charge. Any determination of the Board shall be final.
A final decision on the matter shall be made within 90 days from the date on which the Board refers the matter to the investigating committee, provided that a longer period will be allowed upon mutual agreement of the individual and the Board.