Appeals Process

The procedure for handling appeals is available upon request at 603-91308116 or [email protected].

Scope

Any person with an interest in the NQA certification process including all clients of NQA has the right to appeal against any decision made by NQA at any stage of registration.

Responsibilities

Responsibilities are as defined in the text of this Work Procedure.

Appeals Procedure

Whilst a representation or an appeal is pending, NQA will not implement any action which is the subject of the representation or appeal.

In the first instance the appellant makes written representations to NQA. Those instances which cannot be resolved, by NQA, to the satisfaction of the client, are forwarded to ICB within ten days.

Upon notification of ICB ruling on the representation made to it, the Managing Director of NQA Malaysia will inform the appellant by recorded delivery within 3 working days. The appellant shall also be advised that if the ruling is not accepted then an appeal will need to be lodged, together with the prescribed deposit. The deposit is refundable in full if the appeal is successful.

The decision of the ICB is binding upon NQA; except in those instances where the appellant does not accept the ICB decision.

Once NQA receive confirmation from the appellant that he wishes to enter into the formal appeals procedure, all the details of the appeal will be forwarded to the chairman of the ICB, (see Note below).

An Appeals Committee will be established within 28 days of notification of the appeal being received.

The Appeals Committee consists of at least 3 members selected from persons nominated by the chairman of ICB, none of whom shall be an NQA employee, a member of the ICB or a member of the NQA Board. Nor shall any member of the Appeal Committee have any vested or commercial interest in the matter of the appeal. The representation of the members of Appeal Committee will be such that no one interest shall predominate.

In the event that the appellant lodges an objection to a member of the Appeals Committee , the Chairman of the ICB will consider the grounds given and will make a recommendation.

The members of the Appeals Committee will sign a declaration of confidentiality and confirm no conflict of interest.

The Chairman of the ICB shall determine when and where the Appeals Committee shall be convened. The Managing Director will notify the appellant, prior to the meeting of the Appeals Committee, of the identity of the committee members, and affording the appellant the opportunity to raise objection.

It is essential that the committee has access to the relevant industrial, commercial and legal expertise to handle the appeal. It may therefore be necessary to seek an individual from inside or outside of NQA to be in attendance in an advisory capacity.

The Appeals Committee will establish its own rules of procedure and may permit the appellant and/or NQA to attend the Appeals Committee and to present their case.

The decision of the Appeals Committee will be final and will be communicated to the Chairman of the ICB and then to the Managing Director.

The Managing Director will notify the appellant of the decision of the Appeals Committee by recorded delivery within 5 working days.

The ICB shall not amend, or in any way vary, the decision of the Appeals Committee.