Appeal Board and Appeal Process
Adverse actions, or those that may be appealed, are defined as actions related to denial or withdrawal of recognition. Such decisions become final fourteen (14) days after the date on the notification letter or when any appeal has been resolved. The National Commission has procedures in place to provide notice of the reasons for taking an adverse recognition action.
The Appeal Board is an autonomous body, separate from the National Commission. The primary function of the Appeal Board is to determine whether the National Commission on Recognition of Dental Specialties and Certifying Boards arrived at a decision regarding the denial or revocation of specialty recognition by properly applying the National Commission’s published policies and procedures and criteria to the facts presented to the National Commission.
The Appeal Board is limited in its inquiry to review substantive procedural due process issues raised by the appellants and factual determinations up to the time of the National Commission’s decision regarding an application for recognition and/or the withdrawal of recognition of an organization recognized by the National Commission.
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 the 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 or remand the action of the National Commission. The decision rendered by the Appeal Board shall be final and binding.