HRMAM Appeals Process |  July 2011

1.0 Purpose

The HRMAM appeal process provides an opportunity for a review of the decisions rendered by the Complaints Investigations, and Discipline Committee or the CHRP Registrar for errors. The appeal process is not a new hearing, re-assessment, or re-evaluation of the initial decision of the Complaints Investigations, and Discipline Committee or the Registrar.

2.0 Who may appeal?

Any party affected by a decision or decisions that are rendered by the Complaints Investigations, and Discipline Committee or the CHRP Registrar (the Appellant).

3.0 Grounds for appeal

Appeals will be heard under the following grounds:

1. Error in the application of natural justice

a. Procedural errors in the application of an established HRMAM by-law, policy and/or process.

b. A by-law, policy or process that is perceived to be unfair, unreasonable, and/or adopted/applied in bad faith.

2. Error in Law

3. Error in Fact

a. Contradictions between the decision(s) rendered by the Complaints, Investigations, and Discipline Committee or the CHRP Registrar and factual evidence relating to the decision.

4.0 The Appeal Submission

1. An appeal must be submitted in person or by registered mail to the Association within 15 working days of receipt of the decision that is being appealed. All appeal documentation should be addressed to the attention of the HRMAM Appeals Committee.

2. Only one decision will be considered in a single appeal application. In the event that multiple decisions are being appealed, the Appellant must submit an independent appeal for each decision.

3. The written appeal must include:

a. The decision rendered by the Complaints, Investigations, and Discipline Committee or the CHRP Registrar,

b. An identification of the grounds for appeal as specified in section 3.0, and

c. Presentation of evidence specific to the grounds for appeal.

5.0 The Appeal Decision

1. The HRMAM Appeals Committee will assess the grounds for appeal on the basis of the information submitted by the Appellant. In the event that the HRMAM Appeals Committee requires further information to assess the appeal, the Appellant will be contacted by the Chair of the HRMAM Appeals Committee.

2. The HRMAM Appeals Committee will render a decision in writing stating reason(s) for the decision within 15 working days of receipt of all information required/requested regarding the appeal.

a. The HRMAM Appeals Committee may choose to uphold or overturn the decision made by the Complaints, Investigations, and Discipline Committee or the CHRP Registrar.

b. In the event that the decision is upheld, the HRMAM Appeals Committee may choose to revoke or lessen the penalty rendered by the Complaints, Investigations, and Discipline Committee or the CHRP Registrar.

6.0 Appeal Hearing

The Appellant reserves the right to appear before the HRMAM Appeals Committee. The Appellant may request an appeal hearing up to the date on which the HRMAM Appeals Committee renders a decision regarding the appeal. If an appeal hearing is requested, the hearing will be scheduled within 20 working days of the request being received by the HRMAM Appeals Committee Chair. In the event that an appeal hearing is held, the HRMAM Appeals Committee will render a decision in writing pursuant to Section 5.0 within 15 working days of the appeal hearing.

7.0 Limitations of Appeal

The HRMAM appeal process is a review of a decision rendered by the Complaints Investigations, and Discipline Committee or the CHRP Registrar for errors as outlined in Section 3.0. To this end, new information or evidence may not be presented by the Appellant during the appeal process unless new information or evidence could otherwise not have been reasonably discovered prior to the original decision of the Complaints, Investigations, and Discipline Committee or the CHRP Registrar.

If the HRMAM Appeals Committee determines that new information or evidence will be accepted, the Appeals Committee will refer the matter back to the Complaints, Investigations, and Discipline Committee or the CHRP Registrar for a re-assessment of the original decision in light of the new information or evidence.

8.0 HRMAM Appeals Committee Composition

1. The Chair of the HRMAM Appeals Committee will be a member of and appointed by the HRMAM Board of Directors

2. The committee will ideally have either three (3) or five (5) members.

3. Because the committee will deal with matters related to the CHRP Registrar, all committee members will hold a CHRP.

4. Members of the Complaints, Investigations, and Discipline Committee cannot serve on the HRMAM Appeals Committee and vice versa.

5. Any member of the HRMAM Appeals Committee with a conflict of interest related to an Appellant must declare their conflict of interest on receipt of the appeal and as appropriate withdraw from participation in the applicable process.