📄 Content:
1.Jurisdiction of the Appeals Board
1.1 The Appeals Board has jurisdiction to consider an appeal against a decision of the following Committees:
• The Accreditation Committee
• The Re-Accreditation Committee
• The Supervision Committee
• The Training Course Recognition Committee
2.Grounds for Appeal
2.1 An appeal may only be lodged in circumstances where it is alleged that a Committee did not follow the required procedure as set out in the relevant Bye Law(s) when making their decision.
2.2 An appeal may be ruled out of order by the Appeals Board and appeal fees shall be returned if:
▪ The correct grounds for appeal do not exist; or
▪ The appeal is not filed correctly in accordance with the provisions of this Bye Law.
3. Procedure for Making an Appeal
3.1 An appeal against a decision of the relevant Committee must be lodged within 20 working days of the date on which the decision of the Committee which is being appealed against was received by the Appellant.
3.2 For the purposes of an appeal the next working day after the date the original decision was sent to the Appellant by e-mail by the Secretary of the Committee will be deemed as the date on which the decision was received unless the applicant produces evidence to the contrary.
3.3 For an appeal to be in order the Appellant must send to the Administration Office:
i. The Appeals Form, which may be obtained from the Administration Office or downloaded from the IAHIP website,
ii. A copy of the decision being appealed against
iii.The Appeals fee of €200. Bank details may be obtained from the Administration Office to pay the fee by bank transfer.
4. Procedure once Appeal Received
4.1 The Chairperson of the Appeals Board Panel will be notified and receive details of the appeal from the Administration Office within 4 working days of the appeal being received.
4.2 The Chairperson will review the documentation and assign 3 members of the Appeals Board Panel to an Appeals Board to adjudicate the Appeal, one of whom will be appointed the Chairperson of the Appeals Board.
4.3 The Appeals Board shall determine whether or not the appeal is in order based on the documentary evidence received. If it is not in order, they shall notify the Appellant giving reasons for their decision and return the Appeal Fee.
4.4 If the Appeals Board determines that the appeal is in order they shall:
a)Notify the Appellant that the appeal has been received and request that the Appellant furnish any other documentation that they feel is relevant to the appeal (if any) within 5 working days of the request.
b)The Appeals Board shall at the same time notify the Committee whose decision is being appealed against (the “Respondent Committee”) of the Appeal and request all relevant documentation from the Committee within 5 working days of the request.
These timeframes may be extended by the Appeals Board on the application of either the Appellant or the Respondent Committee and the decision of the Appeals Board in that regard is final and binding.
4.5 Once the timeframe for receipt of responses has expired the Appeals Board shall review all documentation received to determine whether or not the appeal should be upheld.
4.6 The Appeals Board shall consider all evidence that it deems relevant to the appeal.
4.7 The Appeals Board shall make their decision on the basis of the procedure applicable to the Respondent Committee and the proof before them.
4.8 The Appeals Board may for the purposes of making their decision contact the Appellant or the Chairperson of the Respondent Committee to ask any questions the Appeals Board may have. The Appeals Board may draw inferences in circumstances where either party refuses to answer questions.
4.9 The Appeals Board may draw on precedent from previous appeals.
4.10 The Appeals Board may adjourn proceedings for ten working days to facilitate further deliberation or to seek further or additional evidence or expert advice or where it is otherwise considered necessary to do so, provided an adjournment does not unduly prejudice any party. If the Appeals Board determines that the adjournment must exceed the ten working days allowed they may only do so if there are exceptional circumstances as confirmed by the Governing Body.
5. Decision of the Appeals Board
5.1 The decision of the Appeals Board shall be sent to the Appellant and the Respondent Committee within 10 days of the timeframe for receipt of all documentation expiring.
5.2 The decision of the Appeals Board shall also be sent to the IAHIP Administration Office for retention and potential use as a precedent for future appeals.
5.3 If the appeal is successful the Appeals Board shall instruct the Committee to review the Appellant’s application again following its procedures and shall return the Appeal Fee to the Appellant.
5.4 If the appeal is unsuccessful the Appeal Fee shall be retained.
5.5 The decision of the Appeals Board is final and binding.