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MODULE B - PROCESS

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

JasminFlorian
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MODULE B - PROCESS

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  1. 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 B10. Performance Based Standards ASME C&S Training Module B7

  2. REVISIONS DATE SLIDE CHANGE 7/16/07 This submodule was reviewed, but no revisions have been made. ASME C&S Training Module B7

  3. B7. The Appeals Process

  4. OBJECTIVES This submodule will • Review the process for appealing standards actions, administrative actions, or inactions ASME C&S Training Module B7

  5. AGENDA • Appeals Overview • Standards Committee Appeal ASME C&S Training Module B7

  6. I. APPEALS OVERVIEW ASME C&S Training Module B7

  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

  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

  9. (cont’d) APPEALS PROCESS • Levels of appeal—from first to last • Standards Committee • Supervisory Board • Board on Hearings and Appeals (BHA) • ANSI ASME C&S Training Module B7

  10. (cont’d) 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 ASME C&S Training Module B7

  11. (cont’d) 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 ASME C&S Training Module B7

  12. (cont’d) 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 ASME C&S Training Module B7

  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

  14. (cont’d) POP QUIZ #1 • Which of the following will consider appeals of procedural due process issues? • Standards Committee • Supervisory Board • Board on Hearings and Appeals • Which of the following will consider appeals of technical issues? • Standards Committee • Supervisory Board • Board on Hearings and Appeals ASME C&S Training Module B7

  15. POP QUIZ #1(cont’d) • Which of the following can change a technical standard? • Standards Committee • Supervisory Board • Board on Hearings and Appeals ASME C&S Training Module B7

  16. II. STANDARDS COMMITTEE APPEAL ASME C&S Training Module B7

  17. STANDARDS COMMITTEE APPEAL • Steps • Notification of Appeal • Pre-Hearing Activities • The Appeal Hearing • Post-Hearing Activities ASME C&S Training Module B7

  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

  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

  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

  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

  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

  23. POP QUIZ #2 An appellant may (select all that apply): • Challenge the assigned Respondents • Challenge the hearing panel membership • Request a different hearing date • Request a closed hearing • Skip the committee and appeal directly to the Supervisory Board ASME C&S Training Module B7

  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 counsel • Administrative issue: majority vote required • Technical issue: 2/3 vote required • Announcement of Decision • Read at hearing • Officially transmitted within 7 days ASME C&S Training Module B7

  25. POST-HEARING ACTIVITIES • Hearing Notes • Ref: ASME Guidelines for Appeal Hearing Notes* • Distribution limited to • Committee members who heard appeal • ASME staff • ASME legal counsel * NOTE: Not applicable to accreditation, certification or registration hearings ASME C&S Training Module B7

  26. POP QUIZ #3 True or False. The committee’s deliberations in an appeal hearing are always conducted in open session. _______ ASME C&S Training Module B7

  27. SUMMARY • Appeals Overview • Standards Committee Appeal ASME C&S Training Module B7

  28. REFERENCES • Proceduresfor ASME Codes and Standards Development Committees, Section 11 • http://cstools.asme.org/csconnect/CommitteePages.cfm?Committee=A01000000&Action=7609 • C&S Guidelines for Appeal Hearing Agendas and Notes • Supervisory Board Procedures • Procedures of the Board on Hearings and Appeals ASME C&S Training Module B7

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