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Appeal of Action on Ashrae Standards

Date: 02 Jul 1981
Length: 3 pages
03735240-03735242
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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
Related Documents:
Named Organization
Board of Directors
Standards Comm
Standard Projects Comm
Appeals Board
Ashrae
Request
R1-004
R1-132
Author (Organization)
Ashrae
Board of Directors
Date Loaded
05 Jun 1998
UCSF Legacy ID
zuy61e00

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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.
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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 ~ ~ ~ A • iOA
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e c 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

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