Directly and materially affected U.S. national interested parties who believe they have been or will be adversely affected by an action or inaction of the U.S. TAG or its administrator shall have the right to appeal.
The appellant shall file a written complaint with the U.S. TAG Administrator within thirty (30) calendar days after the date of notification of action or at any time with respect to inaction. The complaint shall state the nature of the objection(s) including any adverse effects, the section(s) of these procedures or the specific actions or inactions that are at issue, and the specific remedial action(s) that would satisfy the appellant's concerns. Previous efforts to resolve the objection(s) and the outcome of each shall be noted.
Within thirty (30) calendar days after receipt of the complaint, the respondent shall respond in writing to the appellant, specifically addressing each allegation of fact in the complaint to the extent of the respondent's knowledge.
If the appellant is not satisfied with the response of the respondent, they shall so inform the U.S. TAG Administrator within ten (10) working days. The U.S. TAG Administrator shall schedule a hearing with an appeals panel on a date agreeable to all participants, giving at least ten (10) working days’ notice.
10.4 Appeals Panel
The appeals panel shall be appointed by the U.S. TAG Administrator and shall consist of three individuals who have not been directly involved in the matter in dispute, and who will not be materially or directly affected by any decision made or to be made in the dispute. At least two members shall be acceptable to the appellant and at least two shall be acceptable to the respondent.
10.5 Conduct of the Hearing
The appellant has the burden of demonstrating adverse effects, improper actions, or inactions and the efficacy of the requested remedial action. The respondent has the burden of demonstrating that the committee and the U.S. TAG Administrator took all actions in compliance with these procedures and that the requested remedial action would be ineffective or detrimental. Each party may adduce other pertinent arguments, and members of the appeals panel may address questions to individuals. Robert's Rules of Order (latest edition) shall apply to questions of parliamentary procedure not covered herein for the hearing.
The appeals panel shall render its decision in writing within thirty (30) days, stating findings of fact and conclusions, with reasons therefor, based on a preponderance of the evidence. Consideration may be given to the following positions, among others, in formulating the decision:
- Finding for the appellant and remanding the action to the U.S. TAG or the U.S. TAG Administrator with a specific statement of the issues and facts in regard to which fair and equitable action was not taken.
- Finding for the respondent with a specific statement of the facts that demonstrate fair and equitable treatment of the appellant and the appellant's objections.
- Finding that new, substantive evidence has been introduced and remanding the entire action to the U.S. TAG or the U.S. TAG Administrator for appropriate reconsideration.
10.7 Further Appeal
An appeal of a U.S. TAG appeals decision may be filed with the ANSI ExSC in accordance with the Operating Procedures of the ANSI Executive Standards Council.
10.8 Informal Settlement
ANSI encourages settlement of disputes at any time if the settlement is consistent with the objectives of the ANSI Procedures. Any settlement to which the parties agree in writing, that is consistent with these procedures, or an agreement to withdraw the appeal, will terminate the appeal process.