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/Appeal 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 30 days of the date the written notice is sent to the candidate regarding the decision of NCC.

The Board will refer all properly and timely raised issues to an Appeal Committee (AC). 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. Recommendations appealed from, or forwarded by the PRC and pertaining to policy review will be considered by the AC. 

The Review Committee will be composed of two individuals as designated by the Board of Directors, along with the public member. The two designated members of the AC shall not be members of the Board of Directors.

The Review Committee shall review any written statements or other material submitted by the candidate/certificant and PRC.  On the basis of written statements received, the AC shall issue its opinion either (1) that reasonable evidence exists to support the contention of the candidate/certificant or (2) that reasonable evidence does not exist to support the candidate/certificant.

In the event, the AC determines that reasonable evidence does not exist to support the candidate/certificant, this finding shall be final.

In the event the AC determines that reasonable evidence does exist to support the candidate/certificant, this finding and all evidence considered by the Committee shall be submitted to the Board of Directors who shall then consider all the evidence at their board meeting.

The Board of Directors may provide an opportunity for the candidate/certificnat and PRC 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/certificant or uphold the PRC decision.

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/Disciplinary 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 the PRC committee review the evidence and to collect any additional information the committee deems appropriate. Receipt of information may be through third party complaints or self-declared disclosures.  The allegation must be received in writing with supporting documentation and signed the individual making the allegations. Anonymous allegations are not considered. The PRC will present the individual/certificant an opportunity to address the allegations.

Within 4 weeks of its designation, the PRC 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 PRC shall recommend probation, revocation of certification or other disciplinary measures.  If the PRC recommends probation, the terms of probation will be determined by the PRC and sent to the candidate/certificant. Any recommendation of revocation will go to the Board for final decision

The board will have 30 days to provide a final decision on revocation and the certificant will be notified in writing with revocation effective immediately. If the outcome of any procedure impacts patient safety or licensure, this will be reported in writing as appropriate to the proper authorities.