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This procedure details the process for handling appeal received against the decisions of the INSAFAC verification team.
APPEAL: request from the aircraft operator to reconsider any action or inaction of a verification body directly related to its status as a verifier. Such a decision could be:
a) a request for corrective action;
b) any other action affecting the verification statement.
APPELANT: An aircraft operator or interested party registering an appeal.
3.1. Appeals must be received by INSAFAC within 30 days of the notification to the aircraft operator of the adverse decision by an INSAFAC verification team. The appeal shall:
a) specify the reasons for the appeal;
b) be accompanied by the relevant documented evidence;
c) indicate what steps have been taken to resolve the issue prior to lodging the appeal.
3.2. Appeals are accepted by email, fax and registered mail or equivalent. Within five (5) days of receiving a call, INSAFAC sends a confirmation to the appelant that the appeal has been received.
4.1. There is only one level of appeal for aircraft operators wishing to appeal.
4.2. The burden of proof demonstrating the adverse effect will fall on the appelant.
4.3. The appeal records are kept in the appeal log. INSAFAC keeps records of the appeal, including proof of disclosure, final decision and follow-up action taken.
4.4. The INSAFAC website contains summary information on the appeals, including type, status and a public summary.
5.1. The INSAFAC Appeal Board is to be screened for any potential conflict of interest, in accordance with INSAFAC’s operational procedures.
5.2. The members of the INSAFAC Appeal Board review the appeal and may:
(a) rule in favor of the appelant;
(b) rule against the appelant;
(c) request additional information from the appelant or the parties concerned;
(d) involve verifiers or other experts, select them taking into account any potential conflict of interest and obtain the appelant’s authorization to do so;
e) schedule another audience.
The INSAFAC Appeal Board will not take more than 90 days to complete its work and make a final decision.
The staff of INSAFAC must inform the applicant without delay of the decision of the INSAFAC Appeal Committee and, in case of a negative decision, inform him of the other possibilities open to him.
All appeals must be made in writing and brought to the attention of the administrator. The Appeals Committee will only consider an appeal as a final decision of INSAFAC that gave rise to the appeal.
The notice of appeal and the statement shall be distributed by the administrator to the members of the Board of Appeal. The Appeals Committee is composed of the administrator, the quality manager and a verification team leader. This Commission will determine whether the applicant has established evidence that the decision appealed was manifestly wrong.
If the Appeal Board decides that evidence has not been established, it will inform the appelant in writing and the appeal will be dismissed.
If the Appeal Board determines that evidence has been established, the administrator shall inform the verification team leader who made the decision and all parties who appeared before him for the case. Subsequently, these parties and the verification team leader will have fifteen (15) business days to respond to the Notice of Appeal. The answer must include:
• the reasons why the respondents believe that the decision under appeal was correct and a reference to the provisions of the INSAFAC procedures on which they are based; and
• all evidence in support of the respondent’s position, that evidence must have been presented to the verification team leader who made the decision from which the appeal is made.
Upon receipt of the response, the administrator will provide copies to all members of the Appeals Committee and to the appellant. No reply to the response before the next hearing will be allowed without a demonstration of motivation and necessity.
Extensions of time to submit a notice of appeal or response are granted at the discretion of the Director General of INSAFAC, if the DG is not available, from the administrator.
An appeal hearing is set by the administrator after consulting the DG. All parties must be given at least fifteen (15) working days notice of the date of the hearing. No party to an appeal may communicate with a member of the Appeals Board while the case is pending. If an interested party is not present at the hearing, the decision of the Appeal Board is based on the written submissions and submissions of the parties present at the hearing.