CAGEN
General Complaints and Appeals:
Disposition of Complaints:
If a complaint or dispute arises questioning
a Board action the following actions are to take place.
- Administrative adjudication of a complaint/dispute.
- The complainant shall specifically state the complaint in writing and
submit this document to the Board Secretary for response by the Board.
- The Board shall respond within thirty (30) days to the submitted complaint.
- The complainant shall then have thirty (30) days to respond to the report
of the Board and submit additional information supportive of his complaint.
- The Board shall then have thirty (30) days to respond to the complaint
and additional information being submitted.
- The complainant shall then have thirty (30) days to request an Appeal
for a Full Review Board.
Appeal to a full Review Board
1. Formation. If the administrative adjudication is unsuccessful and the
complainant requests it in writing, then a Review Board shall be formed
consisting of a Diplomate of the American Chiropractic Neurology Board
in good standing who is not a member of the Board; an individual who is
either an attorney or trained in law, such as an arbitrator or hearing
officer, designated by the Board, an individual designated by the complainant.
2. Procedure. The Chair of the Review Board shall be the person designated
by the Board. The Review Board shall remain neutral and shall act as a
judicial tribunal to hear the dispute. The Review Board shall set a
date for a hearing and conduct a hearing at which time the Board shall
make a presentation concerning the dispute and the complainant or representative
thereof shall make a presentation concerning the dispute. Witnesses,
testimony and other evidence shall be presented to the Review Board
for its consideration. The Review Board shall make a finding of facts
and conclusions binding all parties, within sixty (60) days of the hearing.
3. Costs. All costs for the Review Board proceedings shall be borne and
paid by the non-prevailing party, including but not limited to attorney's
fees and per diem expenses and remuneration of Review Board members and
witnesses. In order to initiate the proceedings, the complaining party
shall post with the Board a bond in the amount of fifteen thousand dollars
($15,000 U.S.), unless, upon showing of good cause, the Board determines
a lesser amount appropriate. If the complaining party does not prevail,
the bond amount shall be applied to the Board's costs and attorneys' fees,
and any balance shall be returned. Any costs and attorneys' fees exceeding
the bond amount shall be paid by, and may be recovered against, the complaining
party.