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Appeal Process

If the National Commission on Recognition of Dental Specialties and Certifying Boards (the National Commission) determines that recognition should be denied or withdrawn, the sponsoring organization or certifying board will be notified by tracked mail within ten (10) business days. The sponsoring organization or certifying board is also notified of its right to appeal this decision to the Appeal Board. Adverse actions, or those that may be appealed, are defined as those related to denial or withdrawal of recognition. Such decisions become final fourteen (14) days after the date on the transmittal letter or when any appeal has been resolved.

Within fourteen (14) days after receipt of the final decision by the National Commission, a sponsoring organization or certifying board may appeal the decision by filing a written appeal with the director of the National Commission. The filing of the written appeal shall automatically stay the final decision of the National Commission. The Appeal Board of the National Commission shall convene and hold its hearing (closed session with appellant) within thirty (30) days after the appeal is filed. 

The sponsoring organization or certifying board filing the appeal may be represented by legal counsel and shall be given the opportunity at such hearing to offer evidence both orally and or in writing to refute or overturn the decision of the National Commission. 

The Appeal Board is limited in its inquiry to review substantive procedural issues raised by the appellants and factual determinations up to the time of the National Commission’s decision regarding the application for recognition. It is not proper for the Appeal Board to either receive or consider facts not previously presented to the National Commission since it does not sit as an initial reviewing body. 

Similarly, it is not the function of the Appeal Board to determine whether the facts, singularly or cumulatively, justify the decision of the National Commission, unless it can be shown that the National Commission’s decision was clearly against the manifest weight of the evidence. 

Further, the Appeal Board will not hear testimony relative to the reasonableness of previously determined requirements for recognition since this is clearly outside the scope of authority of this reviewing body. 

The Appeal Board may make one of the following decisions: to affirm, remand or reverse the action of the National Commission. 

The decision rendered by the Appeal Board shall be final and binding. In the event the sponsoring organization or certifying board does not file a timely appeal of the National Commission’s findings and decision, the National Commission’s decision shall become final.

Appeal Board Hearing Guidelines:

The following guidelines are followed during the hearing:

  • The Appeal Board discusses the evidence provided by the sponsoring organization or certifying board prior to the appearance of the representative(s).
  • The Appeal Board chair will introduce members of the Appeal Board to the sponsoring organization or certifying board representative(s).
  • A brief opening statement may be made by the director of the National Commission for the purpose of establishing the National Commission’s finding and the reasons therefore.
  • The Appellant will then present its argument to the Appeal Board. The National Commission may then present its rebuttal of the Appellant’s argument.

After hearing the evidence, the Appeal Board shall meet in a closed executive session to discuss the appeal and make its decision. The Appeal Board’s decision may be to sustain, remand or reverse the decision of the National Commission. The decision shall be based on a four fifths vote of the members of the Appeal Board.

When the decision is to remand, the appeal board will identify the specific Requirement for Recognition to be reevaluated.

The Appellant shall be notified by tracked mail of the decision of the Appeal Board, including a statement of specifics, within ten (10) days following the hearing.