Compilation of Rules and Regulations of the State of Georgia
Department 505 - PROFESSIONAL STANDARDS COMMISSION
Chapter 505-2 - CERTIFICATION
Rule 505-2-.39 - Certification Appeal
Universal Citation: GA Rules and Regs r 505-2-.39
Current through Rules and Regulations filed through March 20, 2024
(1) Summary. This rule creates a formalized system of tiered reviews that allows individuals to appeal certification decisions resulting in a denial based on a staff analysis of application documentation. The decision at each tier is based solely on review of an individual's written appeal. There are two (2) tiers of appeal, which include:
(a) Tier
1. A review by the Certification Appeals Committee with a written decision by
the Chair of the Certification Appeals Committee of the Georgia Professional
Standards Commission (GaPSC).
(b)
Tier 2. A review and written decision by the Executive Secretary of the Georgia
Professional Standards Commission (GaPSC).
(2) Appeal Procedures.
(a) The individual must begin the appeal
process at Tier 1 and a decision must be rendered before requesting a Tier 2
appeal.
(b) The appeal must be in
writing, sent by U.S. Mail, FedEx, UPS or another mail carrier.
1. Appeals will not be received by phone,
email, or delivered in person.
(c) The written appeal must be sent to the
Georgia Professional Standards Commission,
ATTN: Executive Secretary, and must contain the following information:
1. Name (as listed in the
individual's MyPSC account), certification identification number, mailing
address, email address, and telephone number.
2. The tier being requested (Tier 1 or Tier
2).
3. A concise statement
describing the nature of the appeal and why it should be granted.
4. Supporting documentation that might
constitute evidence that supports the appeal including transcripts, physician
statements, etc.
(d) The
failure of an individual to request an appeal within sixty (60) calendar days
from the date the certification request is denied is considered as a waiver of
the right to appeal. Individuals are responsible for tracking the delivery of
their appeal to the GaPSC.
1. Tier 1 appeals
must be received by the Executive Secretary of the GaPSC within sixty (60)
calendar days of the date of certificate issuance or the GaPSC notification
letter of denial.
2. Tier 2 appeals
must be received by the Executive Secretary of the GaPSC within sixty (60)
calendar days of the date of the GaPSC notification letter of denial of the
Tier 1 appeal.
3. Appeals must be
received before the first day of the month in order to be reviewed during that
month's meeting. If after initial review it is determined that additional
information or documentation is needed, a subsequent review of the appeal will
be completed during the next scheduled appeal meeting after the requested
documentation is received.
4.
Appeals may only be requested upon initial denial of a certification request as
outlined above. Appeals submitted prior to initial denial will not be
considered.
i. Educators may not resubmit a
request for a transaction that was previously denied in order to meet the
60-day Tier 1 or Tier 2 appeal submission timeline.
ii. Tier 2 decisions are final. Individuals
may not appeal the same issue after a final written Tier 2 decision is
determined.
(e)
When a Tier 1 or Tier 2 appeal is received, staff will send the appellant
written verification of receipt by email and the scheduled date for
review.
(f) After a decision to
grant or deny an appeal has been made, the appellant will receive
correspondence posted to MyPSC detailing the decision.
(g) The effective date of the certificate
update based on an approved appeal will be the date the Certification Appeals
Committee met and determined to honor the appeal request or the date the
Executive Secretary reviewed and made a determination for the Tier 2
appeal.
O.C.G.A. § 20-2-200.
Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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