Certification Appeals Process

C. Process for Appeal -  Section 5(1) of the SBO Regulations

• In the event the applicant does not agree to the determination of the Registration Committee, the applicant may appeal the decision to the Executive Committee of ASBOA within thirty (30) calendar days of receiving a notice of refusal.
• The appeal from the applicant must be in writing, provide any details relating to the appeal for consideration, and be submitted to the Association Registrar.  
• The Association Registrar will communicate the appeal to the Executive Committee and make arrangements for the appeal process in accordance with Section 5 of the Regulation.
• The Association Registrar will communicate to the applicant the process outlined here and under Section 5 of the Regulation for the appeal process.

The Executive Committee will:

• Inform the Chair of the Registration Committee that an appeal has been filed and provide to the Chair of the Registration Committee all information submitted by the  applicant regarding the appeal.
• Within ten (10) business days, the Chair of the Registration Committee will provide to both the Executive Committee and the applicant information relating to the decision and any information relating to the appeal.
• Within fifteen (15) business days, the Executive Committee will hold a meeting with the Chair of the Registration Committee and the applicant.  The applicant may elect to have a legal adviser at the meeting. A legal adviser attends in an advisory capacity to the applicant and may not address the Executive Committee directly.
• At the meeting:
  • Allow the applicant to provide information to assist in understanding the appeal.
  • Allow the representative to provide information relating to the decision of the Registration Committee and/or a response to the appeal.
  • Allow the Executive Committee to provide any questions and receive answers.
  • The Executive Committee, after hearing all parties, will excuse the parties to allow deliberation for a decision.
  • A member of the Registration Committee who is also a member of the Executive may participate in the appeal but may not vote on a decision of the Executive or be counted for the purposes of a quorum at a meeting of the Executive under this section.
• The Executive Committee may call the parties back for further questions prior to rendering a decision.
• The Executive Committee may seek legal advice prior to rendering a decision.
• After the last meeting with the parties, the Executive Committee must provide a decision to both parties within fifteen (15) business days.