§ 4.09 Consideration of Appeal

Codes > Florida Statutes > Rules Regulating > Standing Policies : 400 > 4.09

4.09. Consideration of Appeal

    (a) Time of Meeting. The AC shall convene to consider the appeal at the next regularly scheduled meeting of the board held not less than 20 days after the time for filing a reply by the petitioner has expired or the filing of the reply, if a reply is filed. The chair of the AC shall designate the time and place of the meeting and shall furnish notice, by mail, of the meeting to the members of the AC, the petitioner, the BLSE, and the legal specialization and education director. The notice shall be mailed at least 15 days prior to the date at which the AC is to convene.

    (b) Record. The executive director shall furnish to the AC a copy of the decision of the BLSE or the RP; a copy of the petition and all supporting material filed by the petitioner; a copy of the response; and a copy of the reply, if any. The record provided to the AC shall not include any individual peer review references provided to or considered by the area committee or BLSE for performance of peer review evaluation.

    (c) Oral Argument. The petitioner shall be entitled to present oral argument before the AC only if requested in the petition or reply. The BLSE shall have the right to present oral argument only if same is requested by the petitioner. If such request for oral argument is not made, the AC shall make its decision solely upon the basis of the petition, the response, supporting material, and the reply, if any.

    (d) Decision of the Appeals Committee. The decision of the AC shall be by a majority of those present and voting. Three members of the AC shall constitute a quorum. In the event of a tie, the decision shall be for the BLSE. The decision shall become the order of the BOG, unless reviewed and overruled by the BOG.

    (e) Notice of Decision. The AC shall give notice, by mail, to the petitioner and the BLSE of its decision within 30 days of the appeals committee meeting.