Reviews and Appeals Process

Any individual who is denied membership or certification, or whose membership or certification has been revoked or suspended, has the right to appeal the decision. ETA has established a review and appeals process for individuals seeking an amendment of this decision. This process offers any individual the opportunity to have their concerns heard in a fair, objective forum. However, individuals will not be entitled to receive a copy of either the certification examination in question, individual questions on the examination, or answers to any questions on the examination.

Such individuals may present written evidence of the basis for their appeal. Such evidence shall be reviewed and appropriate action taken. No disciplinary action will be taken against the individual simply because he/she has filed a appeal. All appeals will be treated as confidential.

Any individual whose certification has been withdrawn as a result of the failure to pay any required dues or fees, or an individual whose professional license has been denied, revoked, or suspended by a state licensure agency, shall have no right to pursue an appeal. Such individuals may, however, present written evidence that the factual predicate for the denial, revocation or suspension of certification is incorrect; such evidence shall be reviewed and appropriate action taken.

The Complaint Review Panel (CRP) reviews each case individually and then processes the results of the review directly with the individual filing the appeal. The ETA board of directors grants to the CRP full and final authority to institute corrective action (if any is required).

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Procedure

1. An individual must submit a written request for a appeal hearing, which must be signed by the individual and notarized, to the chairman of the ETA board of directors. The request must include a statement of the appellant’s reasons for believing that the decision was erroneous, along with five (5) copies of any supporting materials/ documentation, and a statement of the desired outcome. The request for an appeal must be sent to the ETA office by certified mail to the attention of the ETA chairman and postmarked within sixty (60) days of the date of mailing of notification of denial suspension or revocation. Any materials not postmarked within this sixty (60) day period will not be considered in the review and appeals process.
2. Following the receipt of the complainant's request, the chairman of the ETA board of directors shall, within ten (10) business days, appoint two additional members of the ETA board of directors to serve as the Complaint Review Panel (CRP) if, in possible consultation with ETA's legal counsel, the chairman feels the appeal is credible and warrants further action.
3. In advance of the review, all supporting materials for the case will be sent to the CRP by the ETA office. The supporting materials must be received in writing before the case is scheduled for review.
4. Upon receipt of a request for a formal appeal, reception of the supporting materials, and selection of the CRP, the panel members, the subject, and the complainant will be informed of the date for review at least one (1) month prior to the conference call or in-person meeting.
5. After the conference call or in-person meeting and at the request of individual members of the panel, the chairperson may, but need not, submit additional questions to the complainant. If an individual is the target of the appeal, questions may also be submitted to the subject of the appeal. The complainant and the subject will have the opportunity to respond in writing.
6. If the complainant or the subject desires an opportunity to address the CRP in person, the complainant may do so but must bear the cost of such an in-person review. The complainant and/or subject can contact the ETA office for an estimate of such costs. If the appellant desires an in-person review, the request must be included with the statement of the appellant in the initial written request for a appeal hearing.
7. The subject of the appeal may be represented by legal counsel at any meeting at which the appellant addresses the CRP, whether in person or by conference call.
8. The voting members of the CRP will review each case and reach a majority decision within five (5) business days after the review is completed. The decision of the CRP will be final.
9. The chairman of the CRP will send the complainant the panel’s decision in writing by certified mail within ten (10) business days after the decision.
10. Written materials considered in the appeal review process and written decisions of the CRP will be securely stored and retained in the ETA office either digitally or physically for at least seven (7) years.