Appeals Procedure

Every effort is made to ensure that the NMTCB examination procedures are reasonable and that fair and equitable treatment is accorded to all applicants. To ensure fairness and a right of redress in the evaluation and processing of applications, examination procedures, and certification activities, the Directors of the NMTCB have established a formal appeals procedure which you must follow for appeal of the application of any NMTCB policy, requirement, or decision.

If you are dissatisfied with or adversely affected by any action or decision of the administration of the NMTCB, you have the right to appeal such action or decision to a committee designated by the Board. All decisions and actions by the administration of the NMTCB affecting you shall be transmitted in writing, and shall contain a brief notice of the right of appeal. Complete appeal procedure information is available upon request. If you wish to appeal any action or decision, your appeal must follow these guidelines:

  1. Appeals shall (a) be in writing; (b) be signed by you; (c) be addressed to the Board of Directors; (d) state the date and substance of the decision or action being appealed; (e) give the reasons why the decision or action is being challenged; and (f) specify what decision or action you seek.
  2. No appeal will be considered unless received by the Board within sixty (60) days after the decision being appealed. A check for the appropriate monies must be enclosed, in certain cases.
  3. Upon receipt of an appeal, the Board may reconsider the decision or action being appealed, and with consent from the Chair, reverse or modify the decision or action. You will be notified of the reversal or modification of the decision or action. Unless so reversed or modified to your satisfaction, the Executive Director shall transmit the appeal to the Committee designated by the Board of Directors to hear the appeal.
  4. The Executive Director shall at the same time notify you when and where the appeal will be heard and of your rights as specified in the following paragraphs.
  5. You have the right, by written request, to receive copies of any relevant documents in the possession of the Board in preparing an appeal. The NMTCB shall have the right to require payment of the actual cost of producing such documents.
  6. You have the right to present written testimony and documentary evidence, and to argue by written brief. To expedite the appeals process and provide a decision in a most timely manner, you may request that your appeal be considered via email. Upon request, appeal documents may be sent by email or other expedited manner, such that a decision might be reached prior to the next scheduled meeting of the Committee.
  7. The Committee and the Board may consider evidence and argument presented without being bound by the rules of evidence applicable to court proceedings, but shall have the right to exclude from consideration any matter which is not relevant or material to the appeal.
  8. The Committee shall consider the appeal and issue a decision in writing within sixty (60) days after the decision has been reached.
  9. You have the right to appeal an adverse Committee decision to the Board of Directors under the same procedures herein specified.
  10. Unless appealed, the Committee's decision shall be final. The decision of the Board of Directors shall be final.
  11. No person who participated in the initial decision being appealed shall have a vote on the decision under appeal.
  12. You are responsible for all costs incurred in exercising this right of appeal.
  13. All appeals to the Board of Directors will be heard at the next regularly scheduled meeting of the Board which occurs at least fifteen (15) days after the appeal is filed. At your request, a teleconference appeal may be scheduled to occur during the scheduled meeting of the Board. If you request a teleconference appeal, a money order or cashier's check, adequate to cover costs of the teleconference appeal, along with the request for the teleconference appeal, must be received along with all written evidence and argument you wish to present to the Board no later than fifteen (15) days prior to the scheduled meeting of the Board, whether a teleconference is requested or not.

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