After initial review of the application, the Disclosure Committee, a committee of the Council for Clinical Certification in Audiology and Speech-Language Pathology (CFCC), may request additional documentation from the applicant prior to rendering its decision.
If the Disclosure Committee of the CFCC denies certification to an applicant upon review of all certified documentation related to a required disclosure concerning criminal offenses or disciplinary actions by regulatory bodies, the applicant may request that the full CFCC reconsider that decision in accordance with the procedures described below.
When the Disclosure Committee votes to deny certification based on a disclosure, and the individual would otherwise meet the certification requirements, the applicant will be notified of the decision by certified, restricted, return-receipt-requested mail. After receipt of the decision, the applicant has the opportunity to request a Further Consideration review of the decision by the full CFCC. By exercising this prerogative, the applicant asks the full CFCC to reevaluate the Disclosure Committee’s decision to deny certification. This request must include additional evidence regarding the applicant’s disclosure and current fitness to practice.
If the applicant chooses to request a Further Consideration review, the applicant must submit written documentation within 30 days from the date of notification to justify why certification should not be denied. The applicant should request Further Consideration only if there is additional or new substantive information for the CFCC to consider. If the applicant does not exercise the Further Consideration option within this time frame, the Disclosure Committee’s decision to deny certification is final and cannot be appealed.
The full CFCC shall review the applicant’s request for Further Consideration at the next scheduled in-person meeting. The Chair of the CFCC shall notify the applicant within 15 days of the decision by certified, restricted, return-receipt-requested mail.
If the Further Consideration decision is not favorable to the applicant, and the applicant would otherwise meet the certification requirements, the individual may appeal the decision within 60 days of the date of the decision letter. The appeal explanation shall not introduce evidentiary matters not included in the record before the CFCC at the time of its decision. To exercise this right, the applicant shall submit a notice of appeal to the Director of Certification. The appeal should include a full written explanation of the appeal, which are limited to:
The Director of Certification shall evaluate the request for appeal to ensure it meets the above requirements and does not introduce new evidence. If the explanation for the appeal meets one of the three requirements described above, an Appeal Panel will be convened and will consider the case as described below.
An appeal shall be based on the CFCC’s record. All written material that the CFCC considered in reaching its decision constitutes the record. An applicant's appeal shall not introduce evidentiary matters not included in the record before the CFCC, which will not be considered by the Appeal Panel. The Appeal Panel will not substitute its judgment for the judgment of the CFCC.
The CFCC shall provide complete copies of the record made before the CFCC to the Appeal Panel as described below. The Chair of the CFCC or his/her designee may also choose to submit a written statement further explaining the CFCC's certification decision. This statement shall not introduce evidentiary matters not included in the record before the CFCC and shall be provided to the applicant as well as to the Appeal Panel.
The function of the Appeal Panel shall be to review the record and determine whether the CFCC followed required procedures, properly applied the standards, and based its decision on evidence that was presented in the record when making its decision. The Appeal Panel shall determine whether or not there was any evidence before the CFCC that would justify its decision.
The Appeal Panel shall consist of a member of the ASHA Board of Directors who has been appointed by the ASHA President, a member of the Board of Ethics (BOE) who has been appointed by the BOE Chair, and a former CFCC member who has been appointed by the CFCC Chair and who has not previously reviewed the application. The names of the Appeal Panel shall be transmitted to the appellant and the CFCC Chair, each of who may challenge any of the potential panelists for due cause (e.g., conflict of interest, bias, etc.).
The applicant and the Chair of the CFCC shall be informed of the Panel appointments. Appointment of the Panel shall be completed within 45 days of receipt of the applicant's appeal.
The Appeal Panel will not substitute its judgment for the judgment of the CFCC. The Appeal Panel may either (a) affirm the Council's decision that was appealed or (b) remand the case to the CFCC for reconsideration in light of the Appeal Panel's findings regarding procedural violations or substantive errors in the CFCC’s decision. The Appeal Panel will make recommendations for appropriate action and disposition in a manner consistent with the findings of the Panel.
The report of the Appeal Panel will state its decision and basis for it. The Panel will transmit its report within 15 days of its decision to the applicant, the appropriate Vice President for Standards and Ethics, and the CFCC. If the Appeal Panel upholds the decision of the CFCC, that decision becomes final as of the date of the letter informing the applicant of the Panel's decision.
When a decision is remanded, the CFCC shall implement the decision of the Appeal Panel no later than at its next regularly scheduled meeting, giving due weight to the findings and recommendations of the Appeal Panel. The Council may afford the applicant the opportunity to make further written submissions to the Council. The results will be transmitted to the applicant and to the appropriate Vice President for Standards and Ethics within 15 days of the reconsidered decision. Reconsideration decisions are final and no further appeal process is available.
The following summarizes the time lines in the appeal process, beginning from the date an appealable decision is transmitted from the CFCC.
All costs incurred by the applicant in connection with their appeal shall be the applicant's sole responsibility. Administrative costs of the appeals process itself will be assumed by ASHA.
Unless otherwise stated by the CFCC, all applicants must wait until one (1) year after their application for certification is closed before re-applying for certification.