Appeal Process

Appeal Process – Individual

  1. Appeal Procedure

The ALA-APA Certification Program Committee (CPC) reviews appeals of ALA- APA LSSC staff or Certification Review Committee (CRC) decisions.

To begin the appeal process, an individual must file a notice of intent to file an appeal within ten (10) calendar days of receipt of the LSSC staff or LSSC CRC’s Decision Document. The individual must file documents describing the reasons for the appeal within thirty (30) calendar days of the LSSC staff or LSSC CRC’s Decision Document. The individual sends these documents to the ALA-APA Executive Director, with a request for signature on receipt. Failure to file either or both of these documents within these time frames results in the individual’s forfeiture of his/her right to use the ALA-APA appeal process.

The individual’s document must set forth in detail all of the grounds on which the appeal is based.

If the appeal is of an LSSC staff decision, the LSSC staff will inform the LSSC CRC of the appeal and the decision that led to the appeal. The response to the individual filing the appeal will be approved by the CRC before it is communicated to the CPC for discussion and decision.

The CRC may file a response to the individual’s appeal document or send a notice to the CPC that it will not submit a response within thirty (30) calendar days of receipt of the appeal document.

The CPC will meet either in person or by electronic communication within thirty (30) calendar days of receipt of the CRC’s Response. The CPC members are not to determine whether they would have reached the same conclusion as the CRC, but rather to determine whether the CRC followed established published procedures and reached its decision in a fair manner. The individual appealing the decision may be present at this meeting.

The CPC can make one of two decisions: 1) to uphold the LSSCCRC’s decision or 2) to remand the decision back to the LSSC CRC with comment.   The CPC will ommunicate the decision to individual filing the appeal.

The individual filing the appeal can accept the decision of the CPC or, within 10 days, submit the intent to appeal the decision of the CPC to the ALA-APA Executive Board.

The ALA-APA Executive Board reviews the individual’s appeal and the CPC’s report on the original appeal. and can make one of two decisions: to uphold the CPC’s decision or 2) to remand the decision back to the CPC with comment. The ALA-APA Executive Board members are not to determine whether they would have reached the same conclusions as the CRC and/or the CPC, but rather to determine whether the CPC committed clear error by failing to follow established published procedures, resulting in an unfair decision, or by reaching an arbitrary or capricious conclusion.

The ALA-APA Executive Board sends a report of its decision to the individual, the CPC, the LSSC CRC and the ALA-APA President within ten (10) business days of the Board’s receipt of the CPC’s report. If the ALA-APA Executive Committee upholds the CPC’s decision, then the CPC’s decision is considered final.

The deadlines set forth in this document may be extended only upon a showing of extraordinary circumstances requiring an extension of time, such as natural disaster or serious illness. Extensions of time must be requested by the individual in writing in advance of the pertinent deadline.

If the decision is remanded back to the CPC, the Committee will review and act on the reports within 30 days.

  1. Grounds for Appeal

An individual may file an appeal of an LSS staff or LSSC CRC decision. The appeal must be based on either or both of the following grounds:

  • That the LSSC staff or LSSC CRC failed to follow its established published procedures in reaching its decision, and that this failure to follow procedures caused the decision to be unfair; and/or
  • That the LSSC staff or LSSC CRC’s decision was arbitrary, capricious, or not supported by significant, relevant information or evidence submitted by the individual as a part of the certification process, and that this oversight resulted in an unfair decision.

The individual cannot include in his/her appeal information not submitted as a part of the certification process.

  1. Burden of Proof

The individual appealing a decision of the LSSC staff or LSSC CRC has the burden of proof that the staff or Committee committed clear error in making its decision, that this error resulted in an unfair decision, and that the error falls within the grounds for appeal (see Section 1.2) set forth in this document.

Appeal Process – Institutional

  1. Appeal Procedure

The ALA-APA Certification Program Committee (CPC) reviews appeals of ALA- APA LSSC staff or Certification Review Committee (CRC) decisions.

To begin the appeal process, an institution must file a notice of intent to file an appeal within 30 (30) calendar days of receipt of the LSSC staff or LSSC CRC’s Decision Document. The institution must file documents describing the reasons for the appeal within 60 (60) calendar days of the LSSC staff or LSSC CRC’s Decision Document. The institution sends these documents to the ALA-APA Executive Director, with a request for signature on receipt. Failure to file either or both of these documents within these time frames results in the institution’s forfeiture of his/her right to use the ALA-APA appeal process.

The institution’s document must set forth in detail all of the grounds on which the appeal is based.

If the appeal is of an LSSC staff decision, the LSSC staff will inform the LSSC CRC of the appeal and the decision that led to the appeal. The response to the institution filing the appeal will be approved by the CRC before it is communicated to the CPC for discussion and decision.

The CRC may file a response to the institution’s appeal document or send a notice to the CPC that it will not submit a response within thirty (30) calendar days of receipt of the appeal document.

The CPC will meet either in person or by electronic communication within thirty (30) calendar days of receipt of the LSSC CRC’s Response. The CPC members are not to determine whether they would have reached the same conclusion as the LSSC CRC, but rather to determine whether the CRC followed established published procedures and reached its decision in a fair manner. The institution appealing the decision may be present at this meeting.

The CPC can make one of two decisions: 1) to uphold the LSSCCRC’s decision or 2) to remand the decision back to the LSSC CRC with comment.   The CPC will communicate the decision to institution filing the appeal.

The institution filing the appeal can accept the decision of the CPC or, within 10 days, submit the intent to appeal the decision of the CPC to the ALA-APA Executive Board.

The ALA-APA Executive Board reviews the institution’s appeal and the CPC’s report on the original appeal. and can make one of two decisions: to uphold the CPC’s decision or 2) to remand the decision back to the CPC with comment. The ALA-APA Executive Board members are not to determine whether they would have reached the same conclusions as the CRC and/or the CPC, but rather to determine whether the CPC committed clear error by failing to follow established published procedures, resulting in an unfair decision, or by reaching an arbitrary or capricious conclusion.

The ALA-APA Executive Board sends a report of its decision to the institution, the CPC, the LSSC CRC and the ALA-APA President within ten (10) business days of the Board’s receipt of the CPC’s report. If the ALA-APA Executive Board upholds the CPC’s decision, then the CPC’s decision is considered final.

The deadlines set forth in this document may be extended only upon a showing of extraordinary circumstances requiring an extension of time, such as natural disaster or serious illness. Extensions of time must be requested by the institution in writing in advance of the pertinent deadline.

If the decision is remanded back to the CPC, the Committee will review and act on the reports within 30 days.

  1. Grounds for Appeal

An institution may file an appeal of an LSS staff or LSSC CRC decision. The appeal must be based on either or both of the following grounds:

  • That the LSSC staff or LSSC CRC failed to follow its established published procedures in reaching its decision, and that this failure to follow procedures caused the decision to be unfair; and/or
  • That the LSSC staff or LSSC CRC’s decision was arbitrary, capricious, or not supported by significant, relevant information or evidence submitted by the institution as a part of the certification process, and that this oversight resulted in an unfair decision.

The institution cannot include in his/her appeal information not submitted as a part of the certification process.

  1. Burden of Proof

The institution appealing a decision of the LSSC staff or LSSC CRC has the burden of proof that the staff or Committee committed clear error in making its decision, that this error resulted in an unfair decision, and that the error falls within the grounds for appeal (see Section 1.2) set forth in this document.