The Code of Professional Responsibility and Rules & Procedures

June 2023


VII. Board Decisions

R7.1 — Remand for Further Consideration

The Board may, after reviewing the decision of the Committee, determine that the Committee did not have all relevant evidence or adequately review the evidence prior to making its final decision in the matter. In such case, the Board may remand the matter back to the Committee for further consideration.

R7.2 — Board Decisions

The Board shall only modify the Committee’s decisions and/or sanctions based on clear and convincing evidence in the event of any or all of the following:

a. the Code was incorrectly applied;

b. the findings of facts by the Committee were clearly erroneous;

c. it would be unjust or unfair to implement the Committee’s decision;

d. the procedures used by the Committee were in serious and substantial violation of the Code and/or the Rules;  and/or

e. the disciplinary sanctions determined by the Committee were grossly disproportionate to the facts.

R7.3 — Notification

Within 60 days of receipt of the Appeal Notice, the Board shall notify the Complainant and the ABC Credential Holder in writing of its decision which shall be final. The Board’s decision may not be appealed. The Board shall notify the Committee once the Board has made a decision. The Committee shall implement the Board’s directives.

R7.4 — Publication of Sanction

ABC shall report at least annually the names of all ABC Credential Holders suspended or revoked during the prior 12 months due to a violation(s) of the Code. In addition, ABC shall notify all interested state licensing and certifying authorities and any interested person or public agency deemed necessary to protect the public or who recognizes the standards of ABC.

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