The Appeal will be reviewed and discussed at the next scheduled meeting.
The Appeal will be logged in and put on the agenda of the next QAP Meeting. If the appeals form is incomplete, it shall be returned to the appealing party to complete the information requested on the form.
Fax the completed form to the NMEDA office at 813-962-8970.
Once a decision is reached it will be written up and returned to the appealing party in written letter form. The letter will contain the rule being appealed, the decision made by the Committee and reasons or rationale. A majority vote of a standard two-thirds quorum will be required to pass a decision.
Any member who has a bias, conflict of interest or any other relationship with the appealing party will excuse themselves from participating in the decision process.
The appealing member will receive a call from one of the QAP Committee members prior to the letter being issued in order to explain the decision and next steps.
A copy of the letter will be placed in the member’s file for future reference and also filed in a QAP Appeals file under the Rule being appealed. This file will be used to support precedence in future appeal cases.
The appealing member will be given 30 days to comply with the ruling or the timeframe described in the NMEDA Rules (if applicable).
If a new member applicant chooses to withdraw their application, they will be entitled to a full refund of dues and fees prior to the first inspection. After the first inspection only the dues portion will be refunded. (Note: This would include non-QAP members applying under the new Bylaws Amendment.)No money will be refunded after 90 days
If a member is suspended for lack of compliance they can reapply for membership at anytime in the future. However, they will not have any rights of membership until they have completed and passed their initial membership inspection.
Appeal of the QAP Committee’s Decision
If the appealing member feels that there is cause to appeal the QAP Committee’s decision, they may do-so by writing a letter to the Board of Directors to request a hearing.
The appealing member can request to be present and present their side of the case. If accepted, the appealing member must adhere to the method of communication and venue of the meeting, (i.e. conference call, in-person meeting at any of the three face-to-face meetings, etc.)
If the appealing party desires to have an attorney present they must make this known 30 days in advance of the meeting (preferably when making the appeal).
If an attorney is present and it has not been previously announced, the meeting will be rescheduled at the Board’s convenience.
A Board of Director’s appeal meeting will be setup separately from the regular Board meeting and will only require a quorum of a majority of the committee membership to conduct a hearing of an appeal.
If time expires on the QAP Committee’s decision prior to the Board of Director’s hearing the appealing member will be suspended until the Board can hear the appeal
The decision of the Board of Directors will be final. The member will have the choice of complying with the ruling or forfeiting their NMEDA membership.