Section 1 Adverse decisions by the ACVR may include, but are not limited to:
a. Denial of certification of an individual.
b. Denial of examination application acceptance.
c. Denial of approval of a residency program.
d. Denial of privilege to vote or hold office.
Section 2 In the event of an adverse decision by ACVR, ACVR shall advise the affected party of the procedure for appealing the adverse decision. The affected party is responsible for all his or her expenses incurred during the appeal process. An affected party desiring to appeal the ACVR’s adverse decision must adhere to the following procedure:
a. Grounds for Reconsideration or Review:
1. The affected party may petition for reconsideration or review of the ACVR’s decision on the grounds that the ACVR has ruled erroneously by:
a) disregarding the established ACVR criteria for certification
b) failing to follow its stated procedures or
c) failing to consider relevant evidence and documentation presented.
b. Petition for Reconsideration:
1. An affected party may, at his or her option, petition ACVR to reconsider its decision by filing with ACVR a written petition for reconsideration which shall include a statement of the grounds for reconsideration and documentation, if any, in support of the petition.
2. Such petition must be received in the ACVR office within 90 days of the date on which ACVR announces its adverse decision.
3. Upon receipt of such a petition, the ACVR President will appoint an ad hoc committee to review the petition. This committee will comprise at least 3, and no more than 5, ACVR Active Diplomates who are not at the time of the petition members of the Executive Council, Examination Committee, or Residency Standards and Evaluation Committee.
4. The ad hoc committee will meet within 60 days of its formation to review the petition for reconsideration of an adverse decision. The affected party may, at his or her option, elect to appear at this meeting
5. The ad hoc committee will reach a final decision and this decision will be delivered in writing by email to the ACVR President and the affected party not more than 30 days after it is made.