The following adverse decisions affecting eligibility or certification ("Adverse Decisions") by the American Board of Orthodontics ("ABO") are subject to appeal:

A. Adverse Administrative Decisions

Denial of a request for extension of an established deadline or for exception to other administrative requirements.

B. Adverse Substantive Decisions

(1)	Denial of a grievance regarding examination administration. * * All grievances relating to administration of an exam, including but not limited to perceived problems with lighting, noise, or behavior of examiners, must be submitted to the ABO offices within ten (10) days after the date on which the examination was taken.
(2)	Rejection of credentials for eligibility to sit for an ABO examination.
(3)	Denial or revocation of eligibility to sit for an ABO examination.
(4)	Denial or revocation of certification.

C. Adverse Disciplinary Decisions based on:

(1)	Irregular behavior before, during or after an ABO examination.
(2)	Manufacture or use of fraudulent ABO credentials or other documents falsely indicating ABO certification.
(3)	Legal, regulatory or credentialing action.

NO APPEAL may be taken from an adverse decision based on an individual's receipt of a failing score on an ABO examination.

ABO Directors shall not participate in discussions of, or vote on, any review or appeal in which the Director has or has had a substantial personal or professional relationship with the orthodontist at issue.

An orthodontist who has received an Adverse Decision shall be sent a prompt written Notice of Adverse Decision. The Notice shall state the reason(s) for the Adverse Decision and shall inform the orthodontist that he or she has the right to seek review of the Adverse Decision by filing a timely written Request for Appeal with the ABO.

To be valid, a Request for Appeal must be postmarked within 30 calendar days after the date of the Notice of Adverse Decision. The Request must contain a statement of why the orthodontist believes that the Adverse Decision was improper, must include any supporting documentation that the orthodontist wishes to have considered as part of the appeal, and must be accompanied by an Appeal Fee in the form of a check in the amount of $500.00 made payable to the ABO.

If a Request for Appeal is not postmarked within 30 calendar days, the Adverse Decision shall constitute the final decision of the ABO on the matter and shall not be subject to appeal absent extraordinary circumstances, as determined solely by the ABO.

A. Composition and Role of ABO Review Panel

The ABO Review Panel shall be the first level of appeal for all adverse decisions except disciplinary decisions, which may be appealed directly to the Executive Committee. The Review Panel shall consist of three current ABO Directors. No more than one shall be a member of the Executive Committee.

The Review Panel shall consider the Notice of Adverse Decision and the Request for Appeal, including any supporting documentation submitted by the orthodontist or prepared by ABO staff. The Review Panel also may, at its discretion, request or receive, and review, additional information. The foregoing shall constitute the Appeal Record. A copy of the Appeal Record shall be forwarded to the orthodontist at least ten calendar days before the meeting of the Review Panel.

The appeal shall be conducted pursuant to the procedures set forth in Section B (for administrative decisions), Section C (for substantive decisions), or Section D (for disciplinary decisions).

B. Final Appeal of Administrative Decisions

A timely Request for Final Appeal of a denial of an extension of an established deadline or an exception to any other administrative requirement may be heard by the ABO Review Panel at its next regularly scheduled meeting occurring at least 30 calendar days after receipt of the Request for Final Appeal.

Based on its review of the Appeal Record, the Review Panel may, at its discretion, take one of the following final actions:

(1)	Affirm the Adverse Decision,
(2)	Modify the Adverse Decision, or
(3)	Reverse the Adverse Decision

The orthodontist shall be notified in writing of the Review Panel's action, including the reasons therefor, within 10 business days after the Review Panel reaches its decision.

THE REVIEW PANEL'S DECISION ON ADMINISTRATIVE MATTERS SHALL CONSTITUTE THE FINAL DECISION OF THE ABO ON THE MATTER AND SHALL NOT BE SUBJECT TO APPEAL ABSENT EXTRAORDINARY CIRCUMSTANCES, AS DETERMINED SOLELY BY THE ABO.

C. Appeal of Adverse Substantive Decisions

A timely Request for Appeal of an adverse substantive decision shall be reviewed by the ABO Review Panel at its next regularly scheduled meeting occurring at least 30 calendar days after receipt of the Request for Appeal. Based on its review of the Appeal Record, the Review Panel may, at its discretion, take one of the following actions:

(1)	Affirm the Adverse Decision,
(2)	Modify the Adverse Decision, or
(3)	Reverse the Adverse Decision, in which event the decision of the Review Panel shall constitute the final decision of the ABO on the matter.

The orthodontist shall be notified in writing of the Review Panel's action, including the reasons therefor, within 15 business days after the Review Panel reaches its decision.

D. Final Appeal of Adverse Disciplinary Decisions

Adverse disciplinary decisions may be finally appealed directly to the Executive Committee as set forth below. A Request for Final Appeal of an adverse disciplinary decision must be accompanied by a Final Appeal Fee in the form of a check in the amount of $500.00 made payable to the ABO.

An orthodontist who has received notice that an adverse substantive decision has been affirmed or modified by the Review Panel, or has received notice of an adverse disciplinary decision, may finally appeal the decision to the Executive Committee by filing a written Request for Final Appeal with the ABO. To be valid, the Request for Final Appeal must be postmarked within 30 calendar days after the date of the notice of decision. The decision to grant a Final Appeal is at the sole discretion of the Executive Committee.

If a Request for Final Appeal is not postmarked within 30 calendar days, the Adverse Decision shall constitute the final decision of the ABO on the matter and shall not be subject to appeal absent extraordinary circumstances, as determined solely by the ABO.

              A timely Request for Final Appeal from an adverse substantive decision affirmed or modified by the Review Panel, or from an adverse disciplinary decision, shall be considered by the Executive Committee. If the Executive Committee determines that a Final Appeal should be granted, the Final Appeal will be heard by an Ad Hoc Final Appeal Committee at a meeting occurring at least 60 calendar days after receipt of the Request for Final Appeal. The Final Appeal Committee will be composed of three current and/or former ABO Directors, as determined by the Executive Committee. Any member of the Executive Committee who participated in prior consideration of the Adverse Decision shall not participate in deliberations regarding, or vote on, the matter.

              The Final Appeal Committee will determine whether a hearing involving a telephonic or personal appearance by the appellant may be useful to resolve the issues before it. The Committee shall consider the Appeal Record, the Notice of Affirmation of Adverse Decision (for affirmed Adverse Decisions), the Request for Final Appeal, any information submitted in writing by the appellant, and any information presented by the appellant at a hearing (if a hearing is granted). In the case of a disciplinary action, the Final Appeal Committee also shall receive and review a statement from the Chair of the Review Panel that took the adverse disciplinary action. The foregoing shall constitute the Final Appeal Record. The appellant shall receive a copy of the Final Appeal Record not less than one week prior to the meeting of, or hearing before, the Appeal Committee at which the appeal will be considered.

If the Final Appeal Committee determines that a hearing on the Final Appeal is not necessary, the ABO shall notify the appellant (1) of that decision and (2) that the appellant may submit a written statement relating to the matter for the Final Appeal Committee's consideration. Such statement must be submitted no later than 30 calendar days after the date of the notice. The Final Appeal Committee shall review the Final Appeal Record and any statement timely submitted by the appellant, and shall determine by majority vote of those members voting, whether to ratify, reverse, or modify the Adverse Decision. If the appellant's statement contains new factual information that was unavailable to the Review Panel, the matter will be referred back to the Review Panel for reconsideration. The appellant shall be notified in writing of the decision, including the reasons therefor, within 60 calendar days after the Final Appeal Committee reaches its decision.

THE DECISION BY THE FINAL APPEAL COMMITTEE SHALL CONSTITUTE THE FINAL DECISION OF THE ABO ON THE MATTER AND SHALL NOT BE SUBJECT TO FURTHER APPEAL.

If the Final Appeal Committee determines that a hearing on the Final Appeal may be useful, it shall set a hearing for its next regularly scheduled meeting occurring at least 60 calendar days after receipt of the Request for Final Appeal. In the case of a final appeal of a disciplinary action, the Chairman of the Review Panel that took the action shall be present at the hearing to present the view of the Review Panel, but shall not participate in deliberations regarding, or vote on, the matter

Not less than 30 calendar days prior to the scheduled date of the hearing, the ABO shall notify the appellant in writing of the date, time, and place of the hearing. The Notice of Hearing also shall advise the appellant that he or she:

(1)	may appear personally before the Final Appeal Committee;
(2)	may be accompanied by legal counsel; and
(3)	may submit a written statement relating to the matter for the Final Appeal Committee's consideration.

The appellant's written intent to appear personally before the Final Appeal Committee, stating whether it will be with or without legal counsel, and the appellant's written statement must be received by the ABO no later than 15 business days before the scheduled date of the hearing. If counsel will be present, he/she must be identified in the statement.

An appellant who chooses to appear before the Final Appeal Committee shall be given the opportunity to make a statement summarizing his or her position. At the discretion of the Final Appeal Committee, the appellant's legal counsel may make an opening or closing statement. The Final Appeal Committee shall not be bound by technical rules of evidence usually employed in legal proceedings, but may consider any evidence it deems appropriate. If the appellant's written or oral statement contains new factual information that was unavailable to the Review Panel, the matter will be referred back to the Review Panel for reconsideration.

A record of the proceedings shall be kept. A copy of the hearing record shall be made available to the appellant upon payment of the cost of reproduction. All expenses incurred by the appellant in connection with the hearing shall be borne by the appellant. If the appellant requests to appear personally at the hearing, and without good cause, fails to appear or fails to advise the ABO in writing more than 7 calendar days before the scheduled date of the hearing that he or she will not appear at the hearing, the Final Appeal Committee may elect to notify the appellant that no other opportunity for a personal appearance shall be provided.

Following the hearing, the Final Appeal Committee shall determine by majority vote of those members voting whether to ratify, reverse, or modify the Adverse Decision. The appellant shall be notified in writing of the decision, including the reasons therefor, within 60 calendar days after the Final Appeal Committee reaches it decision.

THE DECISION BY THE FINAL APPEAL COMMITTEE SHALL CONSTITUTE THE FINAL DECISION OF THE ABO ON THE MATTER AND SHALL NOT BE SUBJECT TO FURTHER APPEAL.

Whenever there is a requirement for a written notice, request or other writing to be submitted to the ABO, such writing shall be addressed to the ABO central office.

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The procedures set forth above for the appeal of Adverse Decisions may be subject to an expedited schedule when deemed necessary by the ABO.

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