Podcast
Questions and Answers
What is necessary for an appeal on a disapproval by a 5-man Screening Panel to be convened?
What is necessary for an appeal on a disapproval by a 5-man Screening Panel to be convened?
- The original 5-man Screening Panel must be dissolved
- The Appellant must agree with the original decision
- There must be new evidence presented (correct)
- The Appeal Panel must be scheduled within a week
What is the composition of the Appeal Panel in case of an appeal on a disapproval by a 3-man Screening Panel?
What is the composition of the Appeal Panel in case of an appeal on a disapproval by a 3-man Screening Panel?
- A 5-man Panel with a maximum of two members from the original 3-man Screening Panel (correct)
- A 7-man Panel with a maximum of four members from the original 3-man Screening Panel
- A 3-man Panel with no members from the original 3-man Screening Panel
- A 5-man Panel with a maximum of three members from the original 3-man Screening Panel
What happens if new substantiation or data is presented in an appeal on a disapproval by a 3-man Screening Panel?
What happens if new substantiation or data is presented in an appeal on a disapproval by a 3-man Screening Panel?
- The original 3-man Screening Panel re-examines the case
- The Appellant is required to pay additional fees
- The appeal is automatically dismissed
- A new 5-man Appeal Panel shall be convened (correct)
Who is required to present or attend the hearing in an appeal on a disapproval by a 5-man Screening Panel?
Who is required to present or attend the hearing in an appeal on a disapproval by a 5-man Screening Panel?
What is the finality of the decision of the 5-man Appeal Panel in an appeal on a disapproval by a 3-man Screening Panel?
What is the finality of the decision of the 5-man Appeal Panel in an appeal on a disapproval by a 3-man Screening Panel?
When must the Appellant pay the fees in an appeal on a disapproval by a 3-man or 5-man Screening Panel?
When must the Appellant pay the fees in an appeal on a disapproval by a 3-man or 5-man Screening Panel?
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Study Notes
Appeal Process for Disapproval
- A 3-man screening panel's decision cannot be appealed, and a new application is required.
- An appeal on a 3-man screening panel's disapproval requires a 5-man appeal panel, with a maximum of 2 members from the original panel.
- The appellant must pay the fees before the appeal panel is scheduled.
- The decision of the 5-man appeal panel is deemed final unless new substantiation or data is presented.
- If new evidence is presented, a new 5-man appeal panel is convened, and the appellant must provide the rationale for believing the original decision may be overturned.
- The other party is informed of the appeal but is not required to present or attend the hearing.
Appeal Process for 5-man Screening Panel's Decision
- An appeal on a 5-man screening panel's decision is only convened if there is new evidence.
- The decision of the 5-man appeal panel is deemed final and cannot be appealed further.
- The appellant must pay the fees before the appeal panel is scheduled.
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