Appeals

Appeals

A. General
Only the respondent may appeal an adverse decision to The American Dietetic Association. During the appeals process, the membership and registration status of the respondent remains unchanged.

The American Dietetic Association President, the Chairperson of the Commission on Dietetic Registration, and the Speaker of the House of Delegates shall each appoint one person to hear the appeal. These individuals shall constitute the Appeals Committee for that particular case. Individuals who have no conflict of interest will be appointed.

B. Recourse to the Appeals Committee
To request a hearing before the Appeals Committee, the respondent/appellant shall notify the appropriate staff at The American Dietetic Association headquarters, by certified mail, return-receipt requested, that the respondent wishes to appeal the decision. This notification must be received within thirty (30) calendar days after receipt of the letter advising the respondent/appellant of the Ethics Committee's decision.

C. Contents
The appeal must comply with the following:

1) The appeal must be in writing and contain, at a minimum, the following information:

a) The decision being appealed
b) The date of the decision
c) Why the individual feels the decision is wrong or was improperly rendered (See 8, E, "Scope of Review," below)
d) The redress sought by the individual
e) The appeal will be signed and sworn to.

If the appeal does not contain the information listed above, it will be returned to the individual, who will be given ten (10) calendar days to resubmit. Failure to furnish the required information within ten (10) calendar days will result in the appeal being waived.

D. Procedures
Upon receipt of this notification, appropriate staff shall promptly notify the chair of the Appeals Committee that the respondent/appellant is appealing a decision made by the Ethics Committee.

The Appeals Committee chair shall acknowledge the appeal and request a copy of the relevant written information on the case from appropriate staff.

1) Location and participants

a) All appeals hearings will be held in Chicago.
b) The complainant/appellee, the respondent/appellant, and the chair of the Ethics Committee will have the opportunity to participate in the appeals hearing.
c) The parties may have legal counsel present, who may advise their clients, but may only participate in the hearings with the permission of the chair.
d) Attendance at the hearing will be limited to persons determined by the chair to have a direct connection with the appeal and appropriate staff and legal counsel.

2) Conduct of the hearing

The three parties involved in the appeal will be given the opportunity to state why the decision and/or disciplinary action of the Ethics Committee should be upheld, modified, or reversed.

E. Scope of Review
The Appeals Committee will determine whether the Ethics Committee committed procedural error that affected its decision, whether the Ethics Committee's decision was contrary to the weight of the evidence presented to it, or whether there is new and substantial evidence that would likely have affected the Ethics Committee's decision that was unavailable to the parties at the time of the Ethics Committee's hearing for reasons beyond their control.

In reviewing the decision of the Ethics Committee, the Appeals Committee shall consider only the transcript of the hearing and the evidence presented to the Ethics Committee.

F. Record of Hearing
A transcript will be prepared and will be maintained in the case file.

G. Decision of Appeals Committee
1) The Appeals Committee shall prepare a written decision stating the reasons therefore. The decision shall be to affirm, modify, or reject the decision and/or disciplinary action of the Ethics Committee or to remand the case to the Ethics Committee with instructions for further proceedings.
2) Decisions of the Appeals Committee will be final.

H. Costs
The American Dietetic Association will bear the costs for the Appeals Committee, staff and legal counsel, and any parties called by The American Dietetic Association. The American Dietetic Association will bear the travel and one night's hotel expenses for the respondent/appellant, the complainant/appellee, and the chair of the Ethics Committee. The Ethics Committee shall issue regulations to govern the payment of these expenses, which shall be incorporated and made part of this procedure.

The respondent/appellant and the complainant/appellee will be responsible for all costs and fees incurred in their preparation for and attendance at the hearing, except expenses for travel and hotel as stated above.