APPEALS AND ACTION FOR REVOCATION

APPEALS: PROGRAMS APPLYING FOR CERTIFICATION

A complaint received from any school concerning the procedures, evaluation or certification of the collision repair and refinish technician training program must be made in writing to the ASE office. It will be immediately referred to the Grievance Examiner who will acknowledge receipt of the complaint in writing to the complainants. Thereafter, the Grievance Examiner will investigate the complaint and prepare a report. A copy of the report will be given to the complainants and to an Appeals Committee within thirty (30) days of receipt of the complaint.

The Appeals Committee will review the findings and recommendations of the Grievance Examiner, together with the complaint and any data supplied in connection therewith. The Appeals Committee will be empowered to dismiss the matter, or to initiate such action as it may deem appropriate.

If the complainants desire to review the Appeals Committee's evaluation, they may do so at the office of the Grievance Examiner. However, they will not be permitted to make copies of the results.

ACTION FOR REVOCATION: ASE CERTIFIED PROGRAMS

The Appeals Committee will also advise the ASE President of its judgments and recommendations for action in any cases of malpractice or misrepresentation involving the misuse of ASE certification for a collision repair and refinish technician training program. Upon receipt of a complaint alleging misuse or misrepresentation by a certified program, the Grievance Examiner will be notified. The Grievance Examiner will notify in writing the parties against whom the complaint has been filed, indicating the alleged wrongdoing. The parties will be further advised that they may submit a written explanation concerning the circumstances of the complaint within thirty (30) days. After the Grievance Examiner has considered the complaint and received any explanation, the Grievance Examiner will determine whether there is a reasonable basis for a possible finding of wrongdoing. If the Grievance Examiner finds such a basis, the Grievance Examiner will inform the parties of the findings. At that time, the Grievance Examiner will inform the parties of their right to a hearing before the Appeals Committee. The parties will have fifteen (15) days to notify the Grievance Examiner of their decision in writing.

In the event the involved parties elect to be bound by the findings of the Grievance Examiner without a hearing, the Grievance Examiner will submit a written report with recommendations to the Chair of the Appeals Committee. This report will be submitted within sixty (60) days of the receipt of the waiver of a hearing. The Chair of the Appeals Committee will mail a copy of the Grievance Examiner's findings and recommendations to the parties. In the event that the involved parties elect to appear at a hearing, the Chair of the Appeals Committee will call a Board of Inquiry. This Board of Inquiry will consist of four ASE Board members, one from each of the following categories: Education, Public Interest, Service Employers, and Vehicle and Service Products Manufacturers. The Board of Inquiry will be convened at the ASE office at a date and time determined by the Chair. The Board of Inquiry will notify the involved parties in writing regarding the time and place of the hearing.

The Grievance Examiner will be responsible for investigating and presenting all matters pertinent to the alleged wrongdoing to the Board of Inquiry. The involved parties will be entitled to be at the hearings with or without counsel. The parties will be given an opportunity to present such evidence or testimony as they deem appropriate.

The Board of Inquiry will notify the Chair of the Appeals Committee of its findings and recommendations in writing within ten (10) days after the hearing is completed.

The Appeals Committee will review the findings and recommendations of either the Grievance Examiner if a hearing was waived, or of the Board of Inquiry if a hearing was held. The Appeals Committee will determine if the record on the complaint supports a finding of conduct contrary to or in violation of reasonable practices. If two-thirds of the Appeals Committee so find, the Committee will recommend to the President of ASE appropriate sanctions or courses of action against the parties charged.