31.07.2019 89 Views
The appeal can only be submitted in written form by e-mail, fax, post or directly to the office of "Technical Center for Industrial Safety and Certification" (TCISC), within 10 working days from the date of the decision, in relation to which the appeal is made.
The appeal is registered in the company's office, assigned an entry nr. and transmitted to the TCISC manager. The manager analyzes and submits the appeal to the head of the Inspection Body (IB).
The head of the IB analyzes the appeal in order to determine if the following is indicated:
- Identification data of the appellant and, on occasion, the legal representative of the appellant;
- Contact details of the appellant and, on occasion, the legal representative of the appellant;
- The subject of the appeal;
- Date of compilation/filing of the appeal;
- Documents submitted in support of the appeal;
- Statement that the appeal has not been addressed to another entity and that the appellant is not in dispute with the TCISC IB. If the subject of the appeal has been reviewed by the court and there is a final and irrevocable decision, the court decision will be indicated.
- Signature of the appellant and, on occasion, the legal representative of the appellant.
Anonymously submitted appeals are not examined.
NOTE! TCISC IB reserves the right not to analyze or make decisions on situations that have been assessed by the courts or other competent institutions.
In case, the conditions mentioned above are met, the head of the IB, appoints the appeal commission, which is established ad hoc, and is an independent decision-making body for analyzing and resolving appeals. The Appeal Commission must consist of at least three members.
In appointing the members of the Appeal Commission shall observe the following principles:
- Impartiality (commission members are appointed to avoid conflicts of interest);
- Objectivity and responsibility (members of the commission have the necessary competence for a technical and formal assessment, are responsible for their decisions);
- Confidentiality (members of the commission are responsible for protecting the information provided by the appellant, sign a confidentiality statement and have access to all information related to the file being the subject of the appeal, as well as documents of the IB management system).
The appeal is examined in the absence of the appellant. If the presence of the appellant is mandatory, he is invited to attend the appeal hearing.
The Commission shall send to the appellant the nominal composition of the commission. The appellant, within 3 days after receiving the nominal composition of the commission, formulates possible objections to the composition of commission.
If the appeal is unfounded, this fact shall be communicated to the appellant.
If the subject of the appeal is confirmed, the TCISC IB shall communicate the result of the examination, as well as the taken measures.
The deadline for examining the appeal is 30 days from the date of filing. If it is necessary to extend the deadline, the appellant must be informed of this fact in writing, with presenting the necessary arguments.