Appeals

If a complaint or dispute arises questioning an ACRB action, the ACRB shall be notified of the activation of this section of the bylaws.

Appeals

To assure candidates of due process the ACRB has developed a procedure by which the candidate may be heard.

Administrative adjudication of a complaint/dispute

The complainant shall specifically state the complaint in writing for response by the ACRB. The ACRB shall respond within thirty (30) days to the submitted complaint. The complainant shall then have thirty (30) days to respond to the report of the Board and submit to additional information supportive of his or her complaint. The Board shall then have thirty (30) days to respond to the complaint and additional information being submitted.

All parties may agree on binding arbitration at any time.

If the administrative adjudication is unsuccessful, then a Review Board shall be formed by the ACCRS. The ACCRS with designate an individual to act as a Chairman of the Review Board. Applicants for this position can only consist of an “active status” Diplomate of the American Chiropractic Rehabilitation Board who is neither an ACRB or ACCRS officers or committee member. The ACRB and the complainant with each pick a Review Board member from an “active status” Diplomate of the American Chiropractic Rehabilitation Board who is neither an ACRB or ACCRS officers or committee member. The Review Board will now consist of three (3) members. The Review Board shall remain neutral and shall act as the Judicial tribunal to hear disputes. The Review Board shall set a date for a hearing and conduct a hearing at which time the dispute and the complainant or representation thereof shall make a presentation concerning the dispute. The location will be determined by the Review Board.

The ACRB and the complainant with each designate representative who is either an attorney or trained in the law, such as an arbitrator or legal representative for presenting their side of the case to the Review Board.

Witnesses, testimony, and other evidence shall be presented to the Review Board for its consideration. The Review Board shall make a finding of facts and conclusions, binding on all parties, within sixty (60) days of the hearing. All costs for the Review Board preceding shall be borne and paid by the non‑prevailing party, including, but not limited to, attorneys' fees and per their expenses and remuneration of Review Board members and witnesses. In order to initiate the proceeding, the complaining party shall post with the Review board a bond in the amount of fifteen thousand dollars ($15,000), unless, upon a showing of good cause, the Review Board determines that a lesser amount is appropriate.

If the complaining party does not prevail, the bond amount shall be applied to the Board's costs and attorneys' fees and any balance shall be returned; any costs and attorneys' fees exceeding the bond amount shall be paid by, and may be recovered against, the complaining party.

Testing and Item Appeals

In the case of appeals for test results and item disputes, the complainant must contact the ACRB secretary or the Test Designation Committee Chairman. Possible actions for this type of appeals consist of hand grading of a test and/or challenges to an item or items. All predetermined cost for these options will be assessed to the complainant with the cost will be determined by the Test Designation Committee Chairman. Results and conclusions of this process will be given within thirty (30) days of the appeal and binding on all parties.

Registration and Re‑certification Appeals

These appeals will be heard and granted in conjunction by the ACRB and ACCRS on a case by case basis. Conclusions of this hearing will be given within thirty (30) days of the hearing and binding on all parties.

See Exhibit 0.0013 (legal exhibit)

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