912 Hearing Procedures

912.1 Hearing Procedures

912.1 The RESNET Ethics and Appeals Committee shall hold hearings for RESNET disciplinary actions and shall resolve appeals of an Application or Renewal Application that has been denied. The Chairperson of the RESNET Ethics and Appeals Committee shall preside over hearings but shall not vote on hearings or appeals.

912.2 Within fifteen (15) business days of receipt of a complaint, other notice of proposed RESNET disciplinary actions, or appealable action by RESNET, the Respondent shall submit any challenge to the finding of non-compliance, proposed corrective action, and/or proposed disciplinary action in writing to the RESNET Ethics and Appeals Committee by electronic mail. All relevant information and documentation shall be included in the Respondent’s response. Failure to respond within fifteen (15) business days shall result in a forfeiture of Respondent’s hearing or appeal right under this Section 912.

912.3 If additional information is requested by Respondent prior to responding, a one-time extension of ten (10) business days may be applied in order to allow RESNET staff and/or the complainant sufficient time to respond.

912.4 The RESNET Ethics and Appeals Committee shall set a date for a hearing no later than five (5) business days before the effective date of any proposed disciplinary or corrective action and shall notify Respondent and RESNET staff in writing of the hearing date, location, and procedures. The Committee may request in writing additional information from RESNET staff and/or Respondent. If additional information is requested by the Committee, a one-time extension of the hearing date of ten (10) business days may be applied in order to allow the Respondent and/or RESNET staff sufficient time to respond. Access to the hearing will be closed to the public and any recording of the hearing will remain confidential between the Respondent and RESNET. The Respondent will present first at the hearing, followed by RESNET staff. It is not necessary that a Respondent retain an attorney to represent its interests at the hearing, and if a Respondent elects to have an attorney appear on its behalf, the Respondent must authorize such representation in writing submitted to the Committee at least three (3) days in advance of the hearing. Unless the Committee directs otherwise, each side is allowed one hour for argument but is not required to use all of its the allotted time. Members of the Committee may ask questions during the arguments, time for which will not be deducted from a side’s allotted time.

912.5 The RESNET Ethics and Appeals Committee shall render a decision on the complaint, other notice of proposed RESNET disciplinary action, or appealable action by RESNET by majority vote no later than five (5) business days after receipt of the Respondent’s challenge. Decisions made by the Committee are final. In the event the effective date of any proposed disciplinary or corrective action shall fall before the date by which the RESNET Ethics and Appeals Committee will issue its decision, the Committee shall issue a stay of the effective date until such time as it can issue a decision.

912.6 The Respondent, the Chair of the Ethics and Appeals Committee, the RESNET Deputy Director, and any complainant shall be notified of the Committee’s decision by electronic mail.