AP.PD.002.INT ADR Platform Rules for disciplinary law Global Network Group V1 March 2024

Modified on Mon, 25 Mar at 2:36 PM

0.GENERAL PROVISIONS

  1. To this document applies: 
    1. Document GNG.RD.009 General clauses for all document
    2. Document AP.PD.001 Rules for handling conflicts, disputes & complaints.
  2. The foregoing documents are hereby designated as repeated and inserted.


1.SUBMISSION, APPLICATION, TREATMENT AND COSTS

  1. The reference document AP.PD.001 is applicable.
  2. These regulations apply only to Global Network Group accredited organizations and certified companies/persons.


2.DISCIPLINARY COMMITTEE 

In addition and deviation from reference document AP.PD.001 applies:

  1. DBAP appoints the Disciplinary Committee.
  2. The Disciplinary Committee consists of at least three members and is balanced in composition. The chairman shall preferably be a lawyer.
  3. The Disciplinary Committee shall appoint a chairman and a secretary from among its members.
  4. DBAP nominates the chairman of the Disciplinary Committee.
  5. The parties may each nominate a committee member other than the chairperson.
  6. The parties have the right to refuse a committee member nominated by the other. 
  7. After three refusals by the same party, DBAP decides on the appointment.
  8. If the parties are unable or unwilling to reach a nomination as referred to in this article, DBAP shall appoint the Disciplinary Committee and the self-nomination by the parties shall lapse. 


3.DISCIPLINARY COMMITTEE RULING

  1. The Disciplinary Committee shall render a written decision within six calendar months of the appointment.
  2. The deadline may be extended twice for three calendar months. 
  3. An extension shall be notified in writing to the parties.
  4. The Disciplinary Committee will send its ruling to Global Network Group, DBAP, and the parties. 


4.APPEAL

  1. The decision of the Disciplinary Committee may be appealed. An appeal must be lodged within 1 calendar month from the date of the decision. An appeal can only be lodged by registered letter.

 

5.APPEALS COMMITTEE

  1. The Appeals Committee shall be appointed by DBAP within two calendar months of the receipt of the appeal.
  2. The Appeals Committee shall consist of at least three members and shall have a balanced composition. 
  3. The Appeals Committee shall appoint a chairperson and a secretary from among its members.
  4. The chair of the Appeals Committee is preferably a lawyer.


6.APPEAL COMMISSION RULING

  1. The Appeals Committee shall render a written decision within six calendar months of the appointment.
  2. The term may be extended twice for three calendar months. 
  3. An extension shall be notified in writing to the parties.
  4. The Appeals Committee shall send its ruling to Global Network Group, DBAP, the Disciplinary Committee, and the parties. 


7.FURTHER APPEAL

  1. Further appeal against the decision of the Appeals Committee is not possible.


8.RULING

  1. The Disciplinary and Appeals Committees shall rule. 
  2. Three statements are distinguished:
    1. Inadmissible
    2. Unfounded
    3. Founded
  3. Internal voting records are not made public.
  4. The ruling will be justified in writing.
  5. If the parties fail to cooperate in the disciplinary hearing or otherwise impede the settlement, 
    1. the disciplinary case will be declared unfounded and 
    2. the handling will be discontinued
  6. If a practitioner (the certificate holder) fails to cooperate in the implementation of these regulations or otherwise impedes settlement, the Disciplinary Committee and the Appeals Committee shall have jurisdiction:
    1. to declare the disciplinary case founded in the interim
    2. make a statement
    3. determine a sanction and an additional measure
  7. If the submission does not concern a practitioner or does not relate to the practitioner's personal actions and conduct, or if the submitter does not have a substantial interest in a ruling, the submission will be declared inadmissible.
  8. If the submission is upheld, a sanction is assessed and additional measures may be imposed. Sanctions and additional measures are part of the ruling.
  9. The Appeals Committee may overrule the decision of the Disciplinary Committee as follows:
    1. Uphold (enforce)
    2. Reject in whole or in part (nullify)
    3. Full or partial adjustmentn


9.SANCTIONS

  1. The Disciplinary and Appeals Committee shall determine the sanction. 
  2. Six sanctions are distinguished:
    1. No sanction due to special circumstances
    2. Warning
    3. Written reprimand
    4. Written reprimand with notification to the branch-, sector-, industry- and/or professional bodies to which the practitioner belongs. 
      1. Explanation
        1. A notification is allowed only if the judgment and sanction are final.
    5. Fixed-term suspension with a maximum period of one calendar year
    6. Revocation of certification (expulsion).


10.ADDITIONAL MEASURES

  1. An additional measure aims to influence the actions of the practitioner (the certificate holder) and his/her services or to serve the general interest of the certified professional group.
  2. Five additional measures are distinguished:
    1. Setting further conditions for ongoing certification (recertification)
    2. Setting further conditions for recertification.
    3. Excluding recertification or reentry
    4. Making the ruling public.
      1. Explanation
        1. Public disclosure is allowed only if the judgment and sanction are final.
    5. Other additional measures at the discretion of the Disciplinary and Appeals Committee


11.LEGAL ASSISTANCE

  1. Parties may be assisted by counsel or (legal) advisor at their own expense.


12.CHALLENGE

  1. Global Network Group, ADR Platform, DBAP, staff and management cannot be challenged.
  2. The Disciplinary Committee and the Appeals Committee, or individual members, may be challenged by the parties. To do so, a challenge request must be submitted to DBAP. 
  3. DBAP will decide on the challenge request within two calendar weeks of submission.
  4. During the processing of the challenge request, other processing periods referred to in these regulations shall be suspended and resumed following said decision.
  5. No ground for challenge is:
    1. To be a practitioner certified by Global Network Group or another conformity assessment body
    2. Being active within the accreditation or certification scope(s) of the issue
    3. Be a member of or affiliated with a branch- sector- industry- or professional body if the status is evidenced by the bylaws of that organization.
  6. A challenge decision is not subject to appeal.


13.SUSPENSION OF TREATMENT AND CONCURRENCE

  1. DBAP has the right to decide to suspend treatment in order to await a decision or judgment from another authority and take it into account in its own treatment.
  2. DBAP has the right to decide to suspend handling if, in their opinion, an undesirable concurrence of procedures arises which adversely affects or may adversely affect the handling of the complaint and/or the course of other procedures or may prejudice the parties.
  3. If the practitioner or organization is also certified or accredited by another organization, DBAP may decide the issue:
    1. Handle independently in parallel
    2. Joint treatment
    3. To be transferred to the other organization
  4. If the practitioner or the organization is also certified or accredited by another organization and the other organization imposes a measure or sanction on the practitioner, DBAP may decide to take over the measure or sanction - if irrevocably established. The international principles regarding the assumption of conformity and mutual acceptance of quality marks of accrediting and certifying bodies apply.
  5. A decision referred to in this article is not subject to appeal.


14.WITHDRAWAL

  1. ADR Platform, DBAP, Disciplinary Committee and Appeals Committee have a duty of confidentiality regarding all knowledge, facts and circumstances known to them from their work under these regulations.


15.DIFFERENT TERMS

  1. At the request of the parties, the deadlines set forth in these Rules may be waived. To this end, a request shall be submitted to DBAP.
  2. DBAP decides on said request within 2 calendar weeks and notifies the parties of the decision in writing by return of post.
  3. A decision regarding time limits cannot be appealed.


16.ARCHIVE AND INFORMATION

  1. ADR Platform is in charge of archiving all documents (the archive) related to this scheme and its implementation.
  2. The archive mentioned in the previous paragraph is not accessible to third parties and non-practitioners.
  3. Global Network Group and DBAP make an annual anonymous statement in its annual report of the number of issues filed, decisions, rulings made, sanctions imposed, and additional measures.

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