RLP MJW Draft 1.2 3 07-01-2923 April
23, 2009
Proposed Revised
Procedures for
Accredited
Standards Committee C63®
ElectroMagneticElectromagnetic
Compatibility (EMC)
January
April 20097
1.
1. General
These
procedures meet the requirements for due process and development of consensus for
approval of American National Standards as given in Clause 1.0 of the ANSI
Essential Requirements: Due process requirements for American National
Standards. [See www.ansi.orgSee www.ansi.feedback.php]
2.
2. Organization of the committee
The
Accredited Standards Committee (ASC) C63tm®
shall consist of its consensus body and secretariat. The ASC shall have a title, scope, and an
interest classification system for its members.
The membership shall be sufficiently diverse to ensure reasonable
balance without dominance by a single interest category in accordance with
Clause 1.2 and 1.3 of the ANSI Essential Requirements.
3. 3. Responsibilities
3.1.
3.1 Consensus Body
The
consensus body shall be responsible for:
a.
a. Proposing American National
Standards within the scope of the ASC;
b.
b. Developing proposed
American National Standards within the scope of the ASC;
c.
c. Maintaining the standards
developed by the ASC in accordance with Clause 4.7 of the ANSI Essential
Requirements.
d.
d. Adopting ASC policy and
procedures for interpretations of the standard(s) developed by the consensus
body (see Clause 1111 herein);
e.
e. Responding to requests for
interpretations of the standard(s) developed by the consensus body (see. Clause 10.310.3 herein);
f.
f. Adopting ASC procedures
and revisions thereof;
g.
g. Other matters requiring
consensus body action as provided in these procedures
3.2. 3.2 Consensus Body for
approval of standards
The
consensus body for approval of proposed American National Standards within the
scope of the ASC C63tm®
shall be a Balloting Group, which shall be formed as specified in Clause 8.48.4.
3.3. 3.3 Secretariat
The
secretariat shall be responsible for:
a.
a. Applying
for ASC accreditation by ANSI and maintaining accreditation in accordance with
ANSI requirements, including submission of the consensus body roster;
b.
b. Overseeing the consensus
body in compliance with these procedures;
c.
c. Maintaining a roster of
the consensus body and a list of standards for which the consensus body is
responsible;
d.
d. Providing a secretary to
perform administrative work, including secretarial services; preparation of
meeting notices and the handling of meeting arrangements; preparation and
distribution of meeting agendas, minutes, ballots, and draft standards; and
maintenance of adequate records;
e.
e. Submitting candidate
standards approved by the consensus body for approval of standards with
supporting documentation, for ANSI review and approval as American National
Standards;
f.
f. Performing other
administrative functions as required by these procedures;
g.
g. The administrative
secretariat shall provide a written agreement to ANSI defining explicit
division of these responsibilities if composed of more than one organization
(i.e., co-secretariats).
4.
4. Officers
There
shall be a chair and a vice-chair appointed for a term of three
(3) years by the secretariat from the individual members or
representatives of the consensus body, subject to approval by majority vote of
the consensus body. Each will serve until
a successor is selected and ready to serve. The vice-chair shall carry out the chair’s
duties if the chair is temporarily unable to do so. The secretary shall be appointed by the
secretariat for a term of three (3) years.
There shall be a
steering committee for C63tm®.
The steering committee shall consist of the three officers appointed by the
secretariat, the immediate past chair, plus the subcommittee chairs (see clause
66), and
additional members of the consensus body designated by the chair with the approval
of the steering committee. The Chair of C63tm®
shall be the Chair of the steering committee.
The scope of the
steering committee shall be to (1) manage the business (administrative) affairs
of C63tm®,
(2) manage the financial affairs of C63tm®,
and (3) provide an ongoing strategic plan for C63tm®.
5. 5. Membership
Members
of the consensus body shall consist of organizations (preferably national in scope), companies, government agencies, individuals, etc.,
having a direct and material interest in the activities of the ASC. The selection and addition of members, along
with their interest category, shall be subject to approval by a majority vote
of the consensus body after the application has been processed in accordance
with Clause 5.15.1.
The termination of members shall be subject to approval by majority vote of the
consensus body after a review of the membership in accordance with Clause 5.25.2.
5.1. 5.1 Application
A
request for membership on the consensus body shall be addressed to the
secretariat and shall indicate the applicant’s direct and material interest in
the ASC’s work, qualifications and willingness to participate actively. In addition, if the applicant is an
organization, company, or government agency, it shall identify a representative
(and an alternate, if desired).
5.1.1. 5.1.1 Recommendation
In
recommending appropriate action to the consensus body on applications for membership, the secretariat shall consider the:
a. a. Need
for the active participation by each interest;
b.
b. Potential for dominance by
a single interest category;
c.
c. Extent of interest
expressed by the applicant and the applicant’s willingness to participate
actively;
d.
d. The representative
identified by the applicant organization, company, or government agency.
5.1.2. 5.1.2 Diverse Interests
If
distinct divisions of an organization demonstrate independent interests and
authority to make independent decisions in the area of the activity of the ASC,
each is permitted to apply for membership.
5.1.3.
5.1.3 Combined Interest
When
appropriate, the secretariat may recommend that the applicant seek
representation through an organization that is already a member and represents
the same or similar interest.
5.2. 5.2 Review
of Membership
The
secretariat shall review the consensus body membership list annually with
respect to the criteria of Clause. 55.
Members are expected to fulfill obligations of active participation. Where a member is found in habitual default
of these obligations, the secretariat shall direct the matter to the consensus
body for appropriate action, which may include termination of membership.
5.3. 5.3 Observers and individual
experts
Individuals
and organizations, having an interest in the ASC’s
work, may request listing as observers.
The consensus body may also select individual experts to assist it. Individual experts shall serve for a
renewable term of one year and shall be subject to approval by vote of the
consensus body. Observers and individual
experts shall be advised of the ASCís ASC’s
activities, may attend meetings, and may submit comments for
consideration, but shall have no vote.
5.4. 5.4 Interest
Categories
All
appropriate interests that are directly and materially affected by the
standards activity of the the
ASC C63tm®
shall have the opportunity for fair and equitable participation without
dominance by any single interest. Each
member of ASC C63tm®
shall propose its own interest category as appropriate, and in accordance with
the consensus body’s established categories, when the member becomes a member
of a Balloting Group for a particular standard, as specified in Clause 8.48.4
The
interest categories shall be established or revised by a vote of the consensus
body. The rationale for the selection of
categories shall be included in the ballot by the consensus body for approval
of standards and submitted to ANSI as part of the accreditation requirements.
5.5.
5.5 Membership
Roster
The
secretariat shall maintain a current and accurate consensus body roster and
shall distribute it to the members and their consensus body representatives at
least annually,annually
and otherwise on request. The roster
shall include the following:
a. a. Title
of the ASC and its designation;
b.
b. Scope of the ASC;
c.
c. Secretariat: name of organization, name of secretary, and
address(es);
d.
d. Officers: chair and
vice-chair;
e.
e. Members: name of
organization or agency, its representative and alternate (as applicable),
addresses and business affiliations; or name, address, and business affiliation
of individual member(s);
f.
f. For
each subgroup: title, chair, and names and addresses of all members.
6.
6. Subgroups
created by the committee
6.1.
6.1 Subcommittees created by
the committee
When one or more
subcommittees are formed to expedite the work of the consensus body, their
formation (and later disbandment) requires approval by a majority vote of the
consensus body and appropriate public notice, e.g., the C63tm®
website. The scope and duties delegated to the subcommittee shall be approved
at the time it is formed, and subsequent changes in scope or duties shall also
require approval by the consensus body.
The charge to the subcommittee shall clearly state whether:
a.
a.
The subcommittee is responsible for the definitive content
of one or more standards and for responding to views and objections thereon. Such subcommittee shall maintain a membership roster in accordance with .Clauses
5.5a5.5(a)
through. 5.5f5.5(f)
and shall comply with the provisions in. Clauses
5.45.4,., 7.17.1, and
Clause 88 as
applied to voting on the standard(s);
or
b.
b.
The subcommittee is responsible for assisting the consensus
body (e.g. drafting all or a portion of a standard, drafting responses to
comments, drafting positions on international standards, or other purely
advisory functions).
6.1.1.
6.1.1 Chairperson and members of
subcommittees
The chair and members
of a subcommittee shall be appointed by the chair of the consensus body for
a term of three (3) years and confirmed by the consensus body.
The scope, duties, and membership of all subcommittees shall be reviewed
by the consensus body annually. The
officers and members of a subcommittee need not be members of the consensus
body.
6.1.2.
6.1.2
Subgroups of Subcommittees
Working
Groups and Task Forces formed under Subcommittees shall be formed by the
Subcommittee chair and be approved by a vote of the Subcommittee. The
chairperson of the Working Group or Task Force shall be appointed by the
chairperson of the Subcommittee. Membership of the Working Group or Task Force
shall be open (members need not be members of the consensus body) and shall be
approved by the Subcommittee; their mission and timetable shall also be
approved by the Subcommittee. The membership of the Working Group or Task Force
shall be reported to the Consensus Body for informational purposes only.
6.2. 6.2
Approval
of standards
6.2.1.
6.2.1 Proposed by a Subcommittee
Draft
standards and any substantive change (see Annex A of the ANSI Essential
Requirements) in the content of a standard proposed by a subcommittee shall be referred to the
consensus body for approval.
6.2.2.
6.2.2 Proposed by Subgroups of
Subcommittees
Draft standards and
any substantive change (see Annex A of
the ANSI Essential Requirements) in the content of a standard proposed by a
Working Group or Task Force shall
be referred to the subcommittee for review before submittal to the consensus
body for approval. The submittal to the consensus body shall be based on a
majority vote of the responsible subcommittee.
7. 7. Meetings
Consensus
body meetings shall be held, as decided upon by the consensus body, the chair,
the secretariat, or by petition of five or more members, to conduct business,
such as making assignments, receiving reports of work, considering draft
standards, resolving differences among subgroups, and considering views and
objections from any source. Meetings of
subgroups may be held as decided upon by the members or chair of the subgroup.
7.1.
7.1 Open
Meetings
Meetings
of the consensus body and all subordinate bodies shall be open to all members and others having a direct and material
interest. At least four weeks’ notice of
regularly scheduled meetings of the consensus body shall be given by the
secretariat in ANSI’s Standards Action; or in other media designed to reach
directly and materially affected interests; or in both. The notice shall describe the purpose of the
meeting and shall identify a readily available source for further
information. An agenda shall be
available and shall be distributed in advance of the meeting to members and to
others expressing interest. The
secretariat may maintain a mailing list of other interests.
7.2.
7.2 Quorum
A
majority of the members of the consensus body shall constitute a quorum for
conducting business at a meeting. If a
quorum is not present, actions shall only be taken subject to subsequent
confirmation by letter ballot or vote at a future meeting.
8.
8. Voting
8.1. 8.1 Vote
1.1.
Except
in regard to votes on membership and officer-related issues, each member shall
vote one of the following positions:
a.
a. Affirmative
b.
b. Affirmative, with comment;
c.
c. Negative, with reasons
(the reasons for a negative vote shall be given and if possible should include
specific wording or actions that would resolve the objection);
d.
d. Abstain, with reasons.
For
votes on membership and officer-related issues, the yes/no/abstain method of
voting shall be followed.
8.1.1. Vote
for alternate
8.1.1 Vote of alternate
An
alternate’s vote is counted only if the principal representative fails to vote.
8.1.2. 8.1.2 Single Vote
Generally,
no representative shall have more than one vote. However, if two or more organizations appoint
the same individual to represent each of them, that individual may cast a
separate vote for each organization represented. The organizations shall confirm in writing to
the secretariat that they are aware of and will accept the results. Additionally, representation of more than one
organization by the same individual shall require approval by a majority of the
consensus body, excluding the vote of that individual.
8.1.3. 8.1.3 Voting Period
The
voting period for e-mail ballots shall be three weeks. A paper ballot voting
period shall be six weeks from the date of issue or as soon as all ballots are
returned, whichever comes earlier. In
all cases, an extension or shortening of the ballot period may be granted at
the chair’s option, when warranted.
A
follow-up letter requesting immediate return of the ballot shall be sent, as
appropriate, to members and alternate members whose votes have not been
received within ten working days before the ballot closes. For e-mail ballots, a follow-up e-mail shall
be sent within five working days before the ballot closes.
8.2. 8.2 Actions requiring approval
by a majority
The
following actions require approval by a majority of the membership of the
consensus body either at a meeting or by letter ballot:
a.
a. Confirmation of officers
appointed by the secretariat;
b.
b. Formation of a subgroup,
including its procedures, scope, and duties;
c.
c. Disbandment of subgroups;
d.
d. Addition of new consensus
body members and designation of their interest categories;
e.
e. Approval of withdrawal of
an existing standard.
8.3.
8.3 Actions requiring approval
by two-thirds of those voting
The
following actions require a letter ballot or an equivalent formal recorded vote
with approval by at least a majority of the membership and at least two-thirds
of those voting, excluding abstentions:
a.
a. Adoption of ASC
procedures, interest categories, or revisions thereof;
b.
b. Approval for submission to
ANSI of change of ASC scope
8.4 Voting on standards
For
voting on proposed American National Standards within the scope of the ASC C63tm®,
a Balloting Group, which will become the consensus body for approval of that
standard, shall be formed as follows:
a. a. An
invitation to ballot on a particular standard shall be sent to all ASC C63tm®
committee members. Those responding affirmatively shall specify their interest
category for that standard. Normally these are: manufacturer, government,
professional society, trade association, test
laboratory, or general interest, although some standards may warrant a
different set of specified interest categories.
b.
b. Those responding
affirmatively shall comprise the balloting group, subject to review by the
secretariat to ensure balance among the interest groups. No single group of
common interest shall comprise more than 50% of the balloting group. If
necessary, the secretariat will invite additional specific parties as specified
in Subclause 8.4a8.4 (a) above to join the balloting
group, in order to provide satisfactory balance.
c.
c. When the balloting group
is formed, the standard to be balloted shall be distributed to each member of
the balloting group.
Approval
of standards requires a letter ballot with approval by at least a majority of
the balloting group and at least two-thirds of those voting, excluding
abstentions. This procedure applies to:
a.
a. A new standard or
reaffirmation of an existing one;
b.
b. Revision or addendum to
part or all of a standard
8.5. Authorization of
letter ballots
8.5 Authorization of letter ballots
A
letter ballot shall be authorized by any of the following:
a.
a. Majority vote of those
present at a consensus body meeting;
b.
b. The chair;
c.
c. The executive committee
(if one exists);
d.
d. The secretariat;
e.
e. Petition of five or more
members of the consensus body.
8.6.
8.6 Other
review
Proposals
for new American National Standards or reaffirmation, revision, or withdrawal
of existing American National Standards shall be transmitted to ANSI for
listing in Standards Action for comment.
The
Secretariat shall determine whether listing of proposed Standards Actions shall
be concurrent with the final consensus body letter ballot and whether
announcement in other suitable media is appropriate.
Views
and objections resulting from the above shall be dealt with in accordance with
8.6. Any substantive change (see Annex A of the ANSI Essential Requirements)
made in the proposed American National Standard shall be relisted in accordance
with. Clause 8.68.6.
8.7. 8.7 Disposition of views and
objections
When
the balloting has been closed, the secretary shall forward the ballot tally to
the chair of the consensus body or, if appropriate, of the subgroup; the chair
shall determine whether the expressed views and
objections shall be considered by correspondence or at a meeting.
Prompt
consideration shall be given to the expressed views and objections of all
participants, including those commenting on the listing in Standards
Action. An effort to resolve all
expressed objections shall be made, and each objector shall be advised in writing
of the disposition of the objection and the reasons therefor. In addition, each objector shall be informed
in writing that an appeals process exists within procedures used by the
standards developer.
Substantive
changes (see Annex A of the ANSI Essential Requirements) required to resolve
objections, and unresolved objections, shall be reported to the consensus body
members in order to afford all members an opportunity to respond to them or to
reaffirm or change their votes within four weeks.
When
the above process is completed, in accordance with procedures of the standards
developer, the standards developer may consider any comments received
subsequent to the closing of the public review and comment period, or shall
consider them at the next review.
8.8. 8.8 Report of final result
The
final result of the voting shall be reported, by interest categories, to the
consensus body.
9. 9. Submittal of standard
Upon
completion of the procedures for voting, disposition of views and objections,
and appeals, the proposed standard shall be submitted to ANSI by the
secretariat.
The
information supplied to ANSI by the secretariat shall include all relevant
material required by ANSI as outlined in clause 4.2 of the ANSI Essential
Requirements. If the secretariat does not submit the proposal to ANSI within a
reasonable period of time, any member(s) of the consensus body may make the
submittal.
10. 10. Communications
Correspondence
of the ASC officers should be on “ASC correspondence” letterhead.
10.1.
10.1 Formal internal communication
If
correspondence between subcommittees or between working groups of different
subcommittees or different subcommittees involve issues or decisions (i.e.,
non-routine matters) affecting other subcommittees, copies shall be sent to all
affected subcommittee chairs, the secretariat, and the consensus body officers.
10.2.
10.2 External communication
Inquiries
relating to the ASC should be directed to the secretariat, and members should so inform individuals who raise such questions. All replies to inquiries shall be made
through the secretariat.
10.3.
10.3 Requests
for interpretation of standards
Written
inquiries requesting interpretation of the ASC’s approved American National
Standards shall be responded to in accordance with Clause 1111
herein. Revisions to the standard
resulting from requests for interpretations shall be processed in accordance
with these procedures.
11. 11. Interpretations
Requests for interpretations
shall be submitted or confirmed in writing to the Secretary of C63tm®.who
shall forward the request to the appropriate subcommittee chair. Requests for interpretations addressed to
ANSI shall be referred to the Secretary of C63tm®,
since official interpretations
of American National Standards shall be made only by the accredited standards
developer responsible for maintenance of that standard.
Upon receipt, the subcommittee
chair shall screen all such requests to separate those that require formal
interpretation from those requesting an explanation. An interpretation provides
meaning to a clause, phrase, or sentence when it is open to more than one
reading or is ambiguous. An explanation does not attempt to resolve
ambiguities, but tries to elucidate the reasons for a particular concept or
approach.
The subcommittee chair shall
prepare explanations in the manner it deems practical and send them to the
party initiating the request. A copy of the explanation shall be kept in the
subcommittee chair’s records for consideration in any revisions or amendments to
the standard.
Requests for interpretations
shall be forwarded to a designated interpretations subgroup.
The subgroup shall prepare a
draft response. That draft interpretation shall be circulated within the
designated interpretations subgroup and transmitted to the party initiating the
request only after it has met the concurrence of the interpretations subgroup.
Interpretations shall be developed in a timely fashion. A copy of the written
interpretation shall be forwarded to the appropriate subcommittee chair. for consideration as an amendment to the standard or for
inclusion in the next revision. A copy shall also be forwarded to the Secretary
of C63 together with a list of members of the interpretations subgroup for the
C63 permanent project files.
Accredited
Standards Committee (ASC) C63tm®
shall comply with the ANSI Patent Policy which is reproduced below.
There
is no objection in principle to drafting a proposed American National Standard
in terms that include the use of a patented item, if it is considered that
technical reasons justify this approach.
If
the Institute receives a notice that a proposed American National Standard may
require the use of a patented invention, the procedures in this clause shall be
followed.
12.1.
12.1 Statement from patent holder
Prior to
approval of such a proposed American National Standard, the Institute shall
receive from the identified party or patent holder (in a form approved by the
Institute) either: assurance in the form
of a general disclaimer to the effect that such party does not hold and does
not currently intend holding any invention the use of which would be required
for compliance with the proposed American National Standard or assurance that:
a.
a)
a
license will be made available without compensation to the applicants desiring
to utilize the license for the purpose of implementing the standard; or
b.
b)
a license will be made
available to applicants under reasonable terms and conditions that are
demonstrably free of any unfair discrimination.
12.2.
12.2 Record of statement
A record of the patent holder’s
statement shall be placed and retained in the files of the Institute.
12.3.
12.3 Notice
When the
Institute receives from a patent holder the assurance set forth in a) or b)
above, the standard shall include a note as follows:
NOTE –
The user’s attention is called to the possibility that compliance with this
standard may require use of an invention covered by patent rights.
By
publication of this standard, no position is taken with respect to the validity
of this claim or of any patent rights in connection therewith. The patent holder
has, however, filed a statement of willingness to grant a license under these
rights on reasonable and nondiscriminatory terms and conditions to applicants
desiring to obtain such a license. Details may be obtained from the standards
developer.
12.4.
12.4 Responsibility for identifying
patents
The Institute
shall not be responsible for identifying all patents for which a license may be
required by an American National Standard or for conducting inquiries into the
legal validity or scope of those patents that are brought to its attention.
Provisions
involving business relations between buyer and seller such as guarantees,
warranties, and other commercial terms and conditions shall not be included in
a Standard developed by C63tm®.
It is
not acceptable to include proper names or trademarks of specific companies or
organizations, acceptable manufacturer lists, service
provider lists, or similar material in the text of a standard or in an annex
(or the equivalent). Where a sole source
exists for essential equipment, materials or services necessary to determine
compliance with the standard, it is permissible to supply the name and address
of the source in a footnote or informative annex as long as the words
“or the equivalent” are added to the reference.
In connection with standards that relate to the determination of whether
products or services conform to one or more standards, the process or criteria
for determining conformity can be standardized as long as the description of
the process or criteria is limited to technical and engineering concerns and does
not include what would otherwise be a commercial term or proper name.
Records shall be prepared
and maintained to provide evidence of compliance with these procedures. Records concerning new, revised, or
reaffirmed a
Standards developed by C63tm®
maintained under the periodic
maintenance option shall be retained for one complete standards cycle, or until
the standard is revised.
Records concerning actions
on Standards developed by C63tm®, or a part(s) of a Standard developed
by C63tm®, maintained under the continuous maintenance option
shall be retained for a minimum of five (5) years or until approval of the
subsequent revision or reaffirmation of the complete standard.
Records concerning
withdrawals of all Standards developed by C63tm®
shall be retained for at least
five years from the date of withdrawal.
International
System of Units (SI) are the preferred units of
measurement in Standards developed by C63tm®.
16. 16. Termination of ASC
A
proposal to terminate an Accredited Standards Committee may be made by a
directly and materially affected interest.
The proposal shall be submitted in writing to the ASC and to ANSI and
shall include at least the following:
a.
a. Reasons why the ASC should
be terminated;
b.
b. The name(s) of the
organization(s) that will assume responsibility for maintenance of any existing
American National Standard(s) that is(are) the
responsibility of the consensus body.
If
it appears, after review by ANSI and discussion among the proponent of the
action, the secretariat, and the Executive Standards Council or its designee,
that the desired objectives can best be reached by termination, the proposal
and supporting documentation shall be submitted to the committee with a letter
ballot to terminate the committee and transfer responsibility, as appropriate,
for the affected standards. The proposal
for termination of the ASC shall be announced for comment in Standards Action.
17. 17. Appeals
Persons
who have directly and materially affected interests and who have been or may be
adversely affected by a substantive or procedural action or inaction of the
consensus body or the secretariat shall have the right to appeal.
Persons
who have directly and materially affected interests and who have been or will
be adversely affected by any procedural action or inaction by a standards
developer with regard to the development of a proposed American National
Standard or the revision, reaffirmation, or withdrawal of an existing American
National Standard, have the right to appeal. A standards developer may choose
to offer an appeals process to address appeals on other than procedural issues.
Procedural complaints include whether a technical issue was afforded due
process. The burden of proof to show adverse effect shall be on the appellant.
Appeals of actions shall be made within reasonable time limits; appeals of
inactions may be made at any time. Appeals shall be directed to the standards
developer responsible for the action or inaction in accordance with the appeals
procedures of the standards developer.
17.2.
17.2
Complaint
The
appellant shall file a written complaint with the secretariat within thirty
days after the date of notification of action or at any time with respect to
inaction. The complaint shall state the
nature of the objection(s) including any adverse effects, the clause(s) of
these procedures or the standard that is at issue, actions or inactions that
are at issue, and the specific remedial action(s) that would satisfy the
appellant’s concerns. Previous efforts
to resolve the objection(s) and the outcome of each shall be noted.
17.3.
17.3 Response
Within
thirty days after receipt of the complaint, the respondent (chair or
secretariat representative) shall respond in writing to the appellant,
specifically addressing each allegation of fact in the complaint to the extent
of the respondent’s knowledge.
17.4.
17.4 Hearing
If
the appellant and the respondent are unable to resolve the written complaint
informally in a manner consistent with these procedures, the secretariat shall
schedule a hearing with an appeals panel on a date
agreeable to all participants, giving at least ten working days notice.
17.5.
17.5 Appeals panel
The
appeals panel shall consist of three individuals who have not been directly involved in the matter in dispute, and who will not be
materially or directly affected by any decision made or to be made in the
dispute. At least two members shall be
acceptable to the appellant and at least two shall be acceptable to the
respondent.
17.6.
17.6 Conduct of the hearing
The
appellant has the burden of demonstrating adverse effects, improper actions or
inactions, and the efficacy of the requested remedial action. The respondent has the burden of
demonstrating that the consensus body and the secretariat took all actions in
compliance with these procedures and that the requested remedial action would
be ineffective or detrimental. Each
party may adduce other pertinent arguments, and members of the appeals panel
may address questions to individuals.
Robert’s Rules of Order (latest edition) shall apply to questions of
parliamentary procedure for the hearing not covered herein.
17.7.
17.7Decision
The
appeals panel shall render its decision in writing within thirty days, stating
findings of fact and conclusions, with reasons therefor, based on a
preponderance of the evidence presented to the appeals
panel. Consideration shall be given to
the following positions, among others, in formulating the decision:
a.
a. Finding for the appellant,
remanding the action to the consensus body or the secretariat with a specific
statement of the issues and facts in regard to which fair and equitable action
was not taken;
b.
b. Finding for the
respondent, with a specific statement of the facts that demonstrate fair and
equitable treatment of the appellant and the appellant’s objections;
c.
c. Finding that new,
substantive evidence has been introduced, and remanding the entire action to the
consensus body or the secretariat for appropriate reconsideration.
17.8.
17.8 Further appeal
If
the appellant gives notice that further appeal to ANSI is intended, a full
record of the complaint, response, hearing, and decision shall be submitted by
the secretariat to ANSI.
18. 18. Parliamentary procedures
On
questions of parliamentary procedure not covered in these procedures, Robert’s
Rules of Order (latest edition) may be used to expedite due process.
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