The National Board for Home Care & Hospice Certification (NBHHC®) will receive and hear appeals of adverse certification decisions from NBHHC certified individuals (“certificants”) and applicants for NBHHC certification (“applicants”).
A. Appealable issue
An adverse certification decision of the NBHHC may be appealed on the grounds that the NBHHC did not properly apply specified certification eligibility criteria or the decision was based on a factual error that affected the outcome. Adverse certification decisions include: denial of eligibility for initial certification, denial of renewal, suspension of certification or revocation of certification.
B. No appeal permitted
Individuals cannot appeal (1) the passing score or actions taken in setting a passing score; (2) actions taken against an individual’s certification status as a result of a lack of valid registered nurse license or other professional license, unless proof of current, unencumbered licensure is submitted with the appeal; (3) establishment of eligibility criteria; (4) the examination or other measurement tool or individual test items; and (5) test content validity.
1. Initiating the Appeal
An individual wishing to appeal an adverse decision (Appellant) of the NBHHC will submit a Notice of Appeal to the NBHHC Director of Education within fourteen (14) calendar days of receipt of the adverse decision. The Notice of Appeal will include:
a. The grounds for appeal;
b. The envelope from NBHHC showing the postmark date of the adverse decision or copy of email stating same;
c. Any new or additional information to be considered; and
d. Mailing address and email address where Appellant can receive communication regarding the appeal.
e. FAILURE TO FILE THE NOTICE OF APPEAL WITHIN THE FOURTEEN (14) CALENDAR DAY
PERIOD WILL RESULT IN DISMISSAL OF THE APPEAL.
2. Certification Pending Appeal
An individual who appeals from a decision to suspend certification, revoke certification or deny renewal will retain the certification held at the time the appeal was filed.
3. The Board will review and consider a properly filed appeal during its next most convenient regularly scheduled
4. Review of Appeal
The appeal will not include a hearing or any similar trial-type proceeding. Legal counsel is not expected to participate in the appeal process, unless requested in writing by the Appellant and approved by the Board in advance. The Board may consult legal counsel.
The Board will only review the appeal on the grounds for appeal identified by Appellant in the Notice of Appeal. At any time after receiving the Notice of Appeal and before deciding the appeal, the Board may, in its discretion, request that Appellant provide additional information or request information or an opinion from the appropriate Content Expert Board members regarding any aspect of the appeal.
Only that information submitted with the Notice of Appeal or in response to a request by the Board will be considered in deciding the appeal. Written appellate submissions and reply submissions may be made by authorized representatives of the Appellant. Reply submissions must be made according to whatever schedule is reasonably established by the Board.
The Board will conduct and complete the appeal within ninety (90) days after receipt of the Notice of Appeal. The Board, in its discretion, may extend the time for completing the appeal.
The Board will either affirm or overrule the decision from which Appellant appeals. The written decision of the Board, including a statement of the reasons for its decision, is reported to Appellant. The decision of the Board is final and binding upon Appellant, and all other persons.
Written communication to the NBHHC must be sent in a manner that confirms receipt (e.g. certified mail with return receipt requested or express mail with signature or delivery confirmation required), and addressed to:
Chair of NBHHC c/o Education Director
3780 Rosin Court, Suite 150
Sacramento, CA 95834
Written communication to Appellant may be sent by email, regular U.S. mail or in a manner that confirms receipt (e.g., e-mail, certified mail, express mail with signature required) at the address indicated on the Notice of Appeal.