Lorillard
Appeal of Action on Ashrae Standards
Fields
- Alias
- 03735240/03735242
- Document File
- 03735105/03735472/S and H Re Indoor Ventilation Requirements Ashrae Boca.
- Area
- LEGAL DEPT FILE ROOM
- Type
- PAMP, PAMPHLET
- Litigation
- Stmn/Produced
- Site
- N14
- Master ID
- 03735037/5472
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- Named Organization
- Board of Directors
- Standards Comm
- Standard Projects Comm
- Appeals Board
- Ashrae
- Standards Comm
- Request
- R1-004
- R1-132
- Author (Organization)
- Ashrae
- Board of Directors
- Date Loaded
- 05 Jun 1998
- UCSF Legacy ID
- zuy61e00
Document Images
APPEAL OF ACTION ON AS2RAE STANDARDS
1. An appeal of a decision of the Standards Committee on a proposed new
ASHRAE Standard or on a revision, reaffirmation, or withdrawal of an A_:--RAE
Standard shall be made to the Standards Committee. A further appeal may be
made to the Board of Directors of ASHRAE under the orovisions of 5 below.
An appeal may be made on procedural or substantive grounds or both.
2. The appeal shall be filed in writing with the Manager of Standards prior
to thirty days after mailing notification of an action by the Standards
Committee to'unresolved commentors during public review and negative
voters on the Standards Project Committees (5?C)_ The appeal shall in_lude
a statement as to why Standards Committee action should be modified. In
the event an appeal is filed, the
SPC chair-man shall be notif_ed a nd the
original action of the Standards Committee shall be sualpended pending ad-
; judication of the appeal if continuing action is sho.an by the a_pe:lant to
cause irmnediate harm to appellant or others.
The Standards Committee shall hear the appeal at a_egular meeting to he
held within 6 months after the date of the appeal, or sooner, on a date
mutually agreeable to all parties concerned or in the absence of agreer..ent,
a date fixed by the Standards Committee. Both the appellant and the Chairman
of the Standards Project Committee involved shalil be notiFied of the date
selected at least thirty days in advance of the date set and shall be
invited to be represented at the hearing. This requirement for advance
notification may be reduced upon receipt by the Manager of Standards of the
written consent of_both the appellant and Chairman of the Standards Project
Committee.

4. The Standards Committee, having heard an appeal, may modify its previous
action by a vote of 2/3 of the Standards Com`nittee. Unreturned ballots and
abstentions shall not be counted in determining the percentage of the total
vote. ASHRAE shall promptly notify both the appellant and the submitter of
the decision of the Standards Committee.
5. Any party who feels he has not been satisfied at a hearing may appeal the
decision of the Standards Committee to the Board of Directors of ASH'R-kS.
Vice President
The appeal shall be filed in writing with the Executive Di,r~x¢r of
AShtAE within thirty days after ASHRP.E mails by registered letter to the
parties of the hearing notification of the results of the Standards
Committee hearing. The ar eal shall include a state~ent as to why the
Standards Committee action should be modified. In the event an appeaL is
filed, each party to a dispute shall be notified and s:a_1 select one
individual from the Board of Directors to sit on the Appeals Board. The
presider.t of AS'r.'RA£ shall designate one o' the mer.be_s of the Appeals 3oard,
wZzo is also a 9oard of Directors me:uer as the third me.,ber and C^air:nan
of the Appeals Board.
6. The Appeals Board shall decide, based on t.he grounds furnished, whether
or not to hear the appeal.
7. If the appeal is heard, both parties shall appear before the Appeals Board,
together with the Chairman of the Standards Committee or a Standards
Committee member acting as his representative. Appellant, Chairman of the
Standards Project Committee, and Chairman of the Standards Committee or
his representative shall be notified of the date selected for the hearing
by the Appeals Board at least thirty days in advance of the date set. This
~
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requirement for advance notification may be reduced upon receipt by.the
Manager of Standards of the written consent of the parties to be notified.
8. The Appeals Board will normally base its decision on the evidence pre-
sented. However, if evidence is presented not previously available and
in the record, or if justified by other considerations, the Appeals Board
may return the case to the Standards Coamittee for rehearing.
9. ASHRAE shall promptly notify both the appellant and the Standards Corranittee
Chairman and the SPC Chairman of the decision of the Aareals Board.
Adopted by ASHRAE Board of Directors
at their meeting ih~ Cincinnati, Ohio,
July 2, 1981.
I
