Nuclear Medicine Technology Certification Board - Welcome - NMTCB Tucker, GA



Appeals Procedure

Every effort is made to ensure that the NMTCB examination procedures are reasonable and that fair and equitable treatment is accorded to all applicants. To ensure fairness and a right of redress in the evaluation and processing of applications, examination procedures, and certification activities, the Directors of the NMTCB have established a formal appeals procedure which you must follow for appeal of any NMTCB policy, requirement, or decision. If you are dissatisfied with or adversely affected by any action or decision of the administration of the NMTCB, you have the right to appeal such action or decision to the Board of Directors or to a committee designated by the Board, or both. All decisions and actions by the administration of the NMTCB affecting you shall be transmitted in writing, and shall contain a brief notice of the right of appeal. Complete appeal procedure information is available upon request. If you wish to appeal any action or decision, your appeal must follow these guidelines:
  1. Appeals shall (a) be in writing; (b) be signed by you; (c) be addressed to the Board of Directors; (d) state the date and substance of the decision or action being appealed; (e) give the reasons why the decision or action is being challenged; and (f) specify what decision or action you seek.
  2. No appeal will be considered unless received by the Board within sixty (60) days after the decision being appealed. A check for the appropriate monies must be enclosed, in certain cases.
  3. Upon receipt of an Appeal, the Board may reconsider the decision or action being appealed, and with consent from either the Chairman of the Board or the Committee responsible for the action being appealed, reverse or modify the decision or action. You will be notified of the reversal or modification of the decision or action. Unless so reversed or modified to your satisfaction, the Executive Director shall transmit the Appeal to the Committee designated by the Board of Directors to hear the Appeal.
  4. The Executive Director shall at the same time notify you when and where the Appeal will be heard and of your rights as specified in the following paragraphs.
  5. You have the right, by written request, to receive copies of any relevant documents in the possession of the Board in preparing an Appeal. The Board shall have the right to require payment of the actual cost of producing such documents.
  6. You have the right to appear before the Committee in person, by counsel, or both, to present oral or written testimony and documentary evidence, and to argue orally or by written brief. You also have the right to present evidence and argument in writing and without a personal appearance, provided a waiver of right to appear and all written evidence and argument are submitted no later than ten (I0) days prior to the scheduled meeting at which the Appeal will be considered. The failure to appear in person shall not prejudice consideration of the Appeal.
  7. The Committee and the Board may consider evidence and argument presented without being bound by the rules of evidence applicable to court proceedings, but shall have the right to exclude from consideration any matter which is not relevant or material to the Appeal.
  8. The Committee shall consider the Appeal and issue a decision in writing within sixty (60) days after the last evidence or argument is received.
  9. You have the right to appeal an adverse Committee decision to the Board of Directors under the same procedures herein specified.
  10. Unless appealed, the Committee's decision shall be final. The decision of the Board of Directors shall be final.
  11. No person who participated in the initial decision being appealed shall have a vote on the decision under appeal.
  12. You are responsible for all costs incurred in exercising this right of appeal.
  13. All appeals will be heard at the next regularly scheduled meeting of the Committee or Board which occurs at least fifteen (15) days after the Appeal is filed. If you wish to have your Appeal reviewed prior to the next scheduled meeting of the Committee or Board, a teleconference hearing will be scheduled. You must provide a 'Waiver of Right to Appear' and a money order or cashiers check, adequate to cover costs of the teleconference Appeal, with the request for appeal. All written evidence and argument you wish to present to the Board or Committee shall be submitted no later than fifteen (I5) days prior to the scheduled teleconference.