Appeals for Issues Other than Exams
Appeals of policies such as eligibility for admission to the examination process, revocation of Diplomate status, or other issues must be made in writing to the ABOG Executive Director. The letter must set forth in detail the specific grounds on which the appeal is based.
If it is determined by the Executive Director that the complaint is not an appealable issue, the appellant shall be so notified by certified mail within 30 working days.
If the Executive Director determines that the appeal does involve an appealable issue, the Appellant will be notified by certified mail within 30 working days.
Within 30 days of the mailing of the notice to the Appellant of the acceptance of their appeal, the Appellant must submit to the Executive Director (1) copies of all documents and other physical evidence which will be presented at the appeal hearing, (2) the names, addresses and backgrounds of all proposed hearing witnesses, and (3) a summary of each witnesses anticipated testimony. This information will be provided to the Hearing Panel.
After receipt of the above information, the Executive Director will notify the Appellant by certified mail of the date and time of the Appeal Hearing which will be held at the offices of the American Board of Obstetrics and Gynecology in Dallas, TX.
The Appeal Hearing Panel will be composed of 3 former members of the Board of Directors of ABOG, one of whom will be designated the Chair. The Appellant will be informed of the names of the Appeal Hearing Panel members at least 30 days prior to the date of the Appeal Hearing. If the Appellant believes that there is a conflict of interest or other ground for the disqualification of a member of the Hearing Panel, the Executive Director must be informed at least 30 days prior to the date of the hearing so that a substitute can be named.
The Appellant and ABOG may have legal counsel present at the Appeal Hearing, and must submit the names(s) of such legal counsel to the Executive Director at least 30 days prior to the Appeal Hearing.
The Hearing Panel shall not be bound by the strict rules of evidence in conducting the hearing. The Appellant will be given an opportunity to submit such evidence or testimony as they deem necessary to support the Appeal, provided, however that the Hearing Panel reserves the absolute right to exclude testimony or evidence it deems to be cumulative, redundant or irrelevant or which should have been made available in advance of the hearing as required above. The Hearing Panel shall have the absolute right to determine the order of the proceedings before it, to limit the duration of the presentations and to take such actions as it deems necessary to maintain order. The decision of the Hearing Panel will be final with no further appeal allowed.
Current or former members of the ABOG Board of Directors may attend the Hearing and present evidence and witnesses in support of any ABOG Committee or Board determinations which are the subject of the Appeal. ABOG legal counsel shall be entitled to attend the Hearing and may provide the Hearing with such evidence as it requires or as counsel deems necessary to protect the interests of ABOG.
No decision denying an Appeal will prejudice the right of a qualified Appellant to seek admission to the next available examination offered by ABOG for certification or Maintenance of Certification. However, the Appellant must meet all requirements for admission to such examination at the time of application.