Appeal Policy & Procedure
II-3 Appeal Policy
The Commission on Certification (“COC”) will receive and hear appeals of adverse certification decisions from ANCC certified individuals (“certificants”) and applicants for ANCC certification (“applicants”).
A. Appealable issue
An adverse certification decision of ANCC’s Commission on Certification may be appealed on the grounds that the COC did not properly apply specified certification eligibility criteria or the decision was based on a factual error that affected the outcome. Adverse certification decisions include: denial of eligibility for initial certification, denial of recertification, suspension of certification or revocation of certification.
B. No appeal permitted
Individuals cannot appeal (1) the passing score or actions taken in setting a passing score; (2) actions taken against an individual’s certification status as a result of a lack of valid registered nurse license, unless proof of current, unencumbered licensure is submitted with the appeal; (3) establishment of eligibility criteria; (4) the examination or other measurement tool or individual test items; and (5) test content validity.
1. Initiating the Appeal
An individual wishing to appeal an adverse decision (Appellant) of ANCC’s Commission on Certification (COC) will submit a Notice of Appeal to the ANCC Director of Certification or Vice President of Certification and Measurement Services, within twenty (20) calendar days of receipt of the adverse decision. The Notice of Appeal will include:
a. The grounds for appeal;
b. The envelope from ANCC showing the postmark date of the adverse decision;
c. Any new or additional information to be considered; and
d. Mailing address and email address where Appellant can receive communication regarding the appeal.
FAILURE TO FILE THE NOTICE OF APPEAL WITHIN THE TWENTY (20) DAY TIME PERIOD WILL RESULT IN DISMISSAL OF THE APPEAL.
2. Certification Pending Appeal
An individual who appeals from a decision to suspend certification, revoke certification or deny recertification will retain the certification held at the time the appeal was filed.
3. The Appeals Committee
a. The Chairperson of the COC shall appoint three disinterested COC members to the Appeals Committee, which will meet monthly as needed to consider appeals. Members of the Appeals Committee may be replaced at the discretion of the COC Chairperson.
b. The Appeals Committee will review and consider a properly filed appeal during its next most convenient regularly scheduled monthly meeting. The Appeals Committee will be given adequate time to review Appellant’s submission before considering the appeal.
4. Review of Appeal
The appeal will not include a hearing or any similar trial-type proceeding. The Appeals Committee will only review the appeal on the grounds for appeal identified by Appellant in the Notice of Appeal. At any time after receiving the Notice of Appeal and before deciding the appeal, the Appeals Committee may, in its discretion, request that Appellant provide additional information or request information or an opinion from the appropriate Content Expert Panel regarding any aspect of the appeal.
Only that information submitted with the Notice of Appeal or in response to a request by the Appeals Committee will be considered by the Appeals Committee in deciding the appeal. Written appellate submissions and reply submissions may be made by authorized representatives of the Appellant; including legal counsel; although, legal counsel is not required for an individual to participate in the appeal process. Reply submissions must be made according to whatever schedule is reasonably established by the Appeals Committee.
The Appeals Committee will conduct and complete the appeal within ninety (90) days after receipt of the Notice of Appeal. The Appeals Committee, in its discretion, may extend the time for completing the appeal. The Appeals Committee may consult legal counsel.
When reviewing appeal material and making its determinations, the Appeal Committee will be governed by the requirements and limitations outlined in Policy II-2, Section IX. The Appeals Committee will either affirm or overrule the decision from which Appellant appeals. The written decision of the Appeals Committee, including a statement of the reasons for its decision, is reported to Appellant and the COC. The decision of the Appeals Committee is final and binding upon Appellant, the COC and all other persons.
Written communication to the COC Appeals Committee must be sent in a manner that confirms receipt (e.g. certified mail with return receipt requested or express mail with signature or delivery confirmation required), and addressed to:
American Nurses Credentialing Center
ATTN: Director of Certification
8515 Georgia Ave., Suite 400
Silver Spring, MD 20910
Written communication to Appellant may be sent by email, regular U.S. mail or in a manner that confirms receipt (e.g., e-mail, certified mail, express mail with signature required) at the address indicated on the Notice of Appeal.
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