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Procedures for an Adverse Action Against a Provider

An adverse action is defined as withdrawal or denial of recognition.

Reconsideration of an Adverse Action

If a recommendation to withdraw recognition from an ADA CERP recognized provider of continuing
education is to be considered, the Commission for Continuing Education Provider Recognition will notify
the provider of its intent to withdraw recognition and the date on which official action will be taken. This
notification will advise the provider of its option to request reconsideration and provide additional
information for the Commission to consider prior to taking the proposed action.

Similarly, if a new provider applicant is denied recognition, the Commission will notify the applicant and provide the reasons for denial. This notification will advise the provider of its option to request
reconsideration and provide additional information for the Commission’s consideration.

Requests for reconsideration of intent to withdraw or denial of recognition must be submitted in writing to
the Commission within thirty (30) days of the provider’s receipt of the Commission’s notification of intent
to withdraw or deny recognition. The recognition status of the provider shall remain unchanged during the
reconsideration process.

The provider must submit any additional information in writing and include any reasons why the provider
believes the withdrawal or denial is unjustified. The provider also has the option to address the
Commission.

The Commission will notify the provider of its decision in writing. If, following reconsideration, the
Commission determines that approval should be withdrawn as scheduled, or the decision to deny
recognition upheld, the provider will be notified of its right to appeal this decision.

Appeal of an Adverse Action

If an adverse (withdraw or deny) action is taken, an appeal can be made to the Commission. The
purpose of an appeal is to determine if, based on the information and documentation previously submitted
to the Commission, the decision to deny or withdraw recognition was in accordance with ADA CERP
recognition Standards, procedures and policies. An appellant may not present to the Hearing Panel any
information that had not previously been presented to the Commission, such as information regarding
corrections to deficiencies cited by the Commission. It is not proper for the Hearing Panel to either receive
or consider facts not previously presented to the Commission since it does not sit as an initial reviewing
body. Similarly, it is not the function of the Hearing Panel to determine whether the facts, singularly or
cumulatively, justify the decision of the Commission unless it can be shown that the Commission’s
decision was clearly against the manifest weight of the evidence. Further, the Hearing Panel will not hear
testimony relative to the reasonableness of previously determined requirements for recognition since this
is outside the scope of authority of this reviewing body. An appeal may not be based on the length of the
recognition period or disagreement with the recognition standards and criteria. Appeals are conducted in
accord with the following procedures.

Appeal Board

The appellate body of the ADA’s Continuing Education Recognition Program (CERP) shall be the
Commission for Continuing Education Provider Recognition Appeal Board which shall have the authority
to hear and decide appeals filed by continuing dental education providers from decisions rendered by the
Commission denying or withdrawing recognition.

The Appeal Board consists of one representative selected by each of the organizations represented on
the Board of Commissioners, and shall include one member each from: the national organizations of the
recognized dental specialties, the American Association of Dental Boards, the American Dental Education
Association, the American Society of Constituent Dental Executives, and the American Dental
Association. Members of the Appeal Board must have previously served on the Board of Commissioners
or its predecessor, the ADA CERP Committee. The term of office of members on the Appeal Board shall
be one four (4) year term. When an appeal of an adverse action is initiated by a provider, the Appeal
Board shall meet telephonically at the call of the director of the Commission for the purpose of discussing
the appeal and the composition of the Hearing Panel. The director shall select a Hearing Panel consisting
of three (3) members of the Appeal Board to hear and decide the appeal. Members of the Hearing Panel
may not have previously reviewed an application or progress report submitted by the provider as part of
the recognition process.

The Hearing Panel shall meet at the call of the director of the Commission provided at least ten (10) days’
notice is given to each member of the Hearing Panel in advance of the meeting. Such meetings shall be
called by the director only when an appeal to the appellate body has been duly filed by a continuing
education provider following the procedures for filing an appeal.
The Hearing Panel shall elect one member of the panel to chair the hearing. A majority of the voting
members of the Hearing Panel shall constitute a quorum.

Procedures for an Appeal

  1. If the Commission denies or withdraws recognition, the CE provider shall be informed of this decision within fourteen (14) days following the Commission meeting. Such provider must file awritten request for an appeal with the director of the Commission within twenty-one (21) days after notification of the Commission’s decision. In the absence of receipt of a request for an appeal as prescribed above, the decision of the Commission will automatically be final.
  2. If a request for an appeal is received, the Commission shall acknowledge notification of such intent and indicate the deadline for submission of documentation.
  3. The provider must submit a non-refundable Appeal Administrative Fee with its request for the appeal, in accordance with the fee schedule published at ADA.org/CERP.
  4. The director of the Commission shall provide the names of the three members of the Hearing Panel to the appellant within 30 days of receipt of the appeal. In the event that the appellant believes that a member of the Hearing Panel has a conflict of interest that may preclude a balanced hearing, the appellant may request that panelist be replaced. The appellant may request replacement of up to two members of the Hearing Panel. A request for appointment of a new panelist must be submitted to the Appeal Board within 10 days of receipt of the original slate of Hearing Panel members. New members of the Hearing Panel will be selected by the director of the Commission.
  5. The provider must submit four copies of evidence or argument in writing to refute the decision of the Commission. The appellant’s written evidence or argument must be submitted at least 14 days prior to the hearing date.
  6. A hearing date will be scheduled by the director of the Commission within 60 days of receipt of the appeal. The Hearing Panel shall meet by teleconference unless the appellant requests to meet with the Hearing Panel in person. In the event that the appellant requests an in person meeting, such meeting shall take place in Chicago, at a location determined by the Commission. The appellant shall be responsible for its representatives’ travel expenses and its legal expenses. In addition, the appellant will be responsible for the travel expenses of the three members of the Hearing Panel, in accordance with the published fee schedule. The appellant must submit payment of travel expenses at least 30 days prior to the hearing date.
  7. Representatives of the provider may make an appearance before the Hearing Panel via teleconference or in person. If desired, the provider’s legal counsel may accompany the provider and observe the appearance. Legal counsel for the Appeal Board may be present for the appearance(s) and the executive session(s) thereafter. No recording of the appearance(s) is permitted. The provider will be given the opportunity to offer evidence and argument to refute the adverse action. The Hearing Panel will only review information and documentation that was previously available to the Commission at the time the Commission made its decision take the adverse action.
  8. No change in the recognition status of the provider will occur pending disposition of the appeal.

Mechanism for the Conduct of an Appearance before the Hearing Panel
  1. A brief opening statement may be made by a representative of the Commission for the purpose of establishing the Commission’s findings and reasons therefore. The Commission’s representative’s presentation shall not exceed 30 minutes.
  2. The provider will then present its argument to the Hearing Panel. The appellant’s presentation shall not exceed 30 minutes.
  3. Hearing Panel members may ask questions of the Commissioner’s and the provider's representatives to clarify information presented.
  4. After hearing the evidence, the Hearing Panel shall meet in closed session to discuss the appeal and make its decision, which shall be final. The Hearing Panel’s decision may be to uphold or overturn the adverse action. The decision shall be based on a majority vote of the Hearing Panel members present and voting.
  5. The decision will be sent to the provider within ten (10) days following the hearing. If the decision is to uphold the Commission’s action to withdraw or deny recognition, the decision will be effective upon notification of the decision.
  6. The Commission reserves the right to modify or change these procedures.

Procedures for an Adverse Action Against a CE Provider
Revised: November 1999, January 2004, November 2005, April 2006, April 2007, March 2015