The eligibility of a candidate to appeal exam eligibility, administration, or scoring can be found in the Exam Eligibility, Administration, and Scoring Policy.
The eligibility of a Diplomate to appeal an action by ABOG based on a primary or secondary requirement of the professionalism policy can be found in that policy (Professional Standing, Professionalism, and Professional Conduct Policy)—if an appeal is available, it is handled under this policy as set forth herein.
Other appeals (including eligibility for admission to the examination process or for Continued Certification, appeal of revocation, or other issues substantially affecting Diplomate eligibility or status, as determined by ABOG) are handled under this policy; appeals under this policy are not available for administrative requirements of ABOG (or consequences for failing to meet such requirements) that are within the candidate’s or Diplomate’s control (activity requirements, reporting requirements, fees for missed deadlines, etc.). If a Diplomate allows his or her certification to expire, such expiration is not appealable under this policy.
All appeals must be based on an “appealable reason” as set forth in the applicable policy. If no applicable ABOG policy sets the requirements for an “appealable reason” (or states that an appeal is automatically available), then the individual must demonstrate either (1) that there is new factual information that was not previously considered by ABOG; or (2) that ABOG’s action/determination is substantially unjust as applied to the individual’s circumstances. Absent extraordinary circumstances, failure of an individual to appeal by the stated deadline (as set forth in more detail below) waives the individual’s right to appeal.
ABOG is committed to a fair and reasonable process in first determining any basis for action by ABOG and, to the extent there is an appealable action, a fair and reasonable appeals process. The process extends to each physician the opportunity to present written materials, as well as the right to be represented by legal counsel throughout the process. Any individual participating in an appeal review on behalf of ABOG shall be recused if he/she has any substantive material conflict of interest with respect to the appealing physician or subject of the appeal.
If a Diplomate’s certification expires during the appeal process, that physician will hold an expired certificate and must pass the relevant re-entry process to reinstate certification. If the appeal is successful, Diplomate status will be as determined by the reviewing body, and the Diplomate must complete the equivalent of any incomplete CC requirements.
No decision denying an appeal will prejudice the right of an individual to seek admission to the next available examination offered by ABOG for Board Certification and for Continuing Certification; provided however, the individual must meet all requirements for eligibility and admission to such examination at the time of application.
First-Level Appeals
If an individual wishes to pursue an appeal under this policy other than in response to a written notice sent by ABOG, the appeal must be made in writing to the ABOG Credentials Subcommittee within 30 business days of the date of the matter at issue.
If ABOG takes an action or makes a determination that is appealable under this policy, ABOG will furnish a written notice by email (to the address then on file with ABOG) of the right to a first-level appeal, including (1) a copy of this policy and (2) the deadline to submit a written first-level appeal. The written first-level appeal submitted by the individual must be submitted by the stated deadline and set forth in detail the specific action(s)/decision(s) of ABOG being appealed and the ground(s) on which the appeal is based and may include supporting documentation. An appeal must be by the individual or his/her legal representative.
If it is determined by ABOG that the ABOG action/determination at issue may not be appealed, the individual shall be so notified by email (to the address then on file with ABOG) within 30 business days.
If it is determined that the ABOG action/decision at issue may be appealed under this policy, ABOG will consider the submitted written appeal and any supporting documentation. ABOG will, within 30 business days, set forth its findings and decision in writing by email (to the address then on file with ABOG). ABOG reserves the right to request additional information from the individual—if this information is not provided in full and by the date requested by ABOG, the 30-day period for ABOG to consider and decide the first-level appeal will be tolled.
If ABOG determines that the submitted written appeal did not establish an appealable reason, as set forth herein, or if the individual does not timely provide the additional information requested by ABOG, ABOG’s findings and written decision are final. Otherwise, the findings and written decision will include a notice of appellant’s right to a second-level appeal, including (A) a copy of this policy and ABOG’s hearing procedures, (B) a statement of the appeal fee (if applicable), and (C) the deadline to submit a written second-level appeal and the full appeal fee, provided that such deadline will not be less than 90 calendar days from the date of ABOG’s findings and written decision.
Second-Level Appeals
The second-level process is a hearing process that extends to the physician both procedural and substantive administrative due process rights. In-person hearings are not available unless ABOG agrees to this as a disability accommodation. ABOG’s hearing procedures are provided to individuals eligible for second-level appeals.
In response to ABOG’s findings and written decision regarding the first-level appeal, the appealing individual must submit, by the stated deadline: (1) a written appeal that sets forth in detail the specific ground(s) on which the appeal is based, as well as any supporting documentation; (2) the full appeal fee (if applicable); (3) copies of all documents and other physical evidence which will be presented at the appeal hearing; (4) the names, addresses and backgrounds of any proposed hearing witnesses; and (5) a summary of each witness’s anticipated testimony.
The decision of the hearing panel will be final with no further appeal allowed.
Appeal Fees
The appeal fees collected by ABOG are a reflection of the commitment of resources by ABOG to the hearing process. ABOG strongly urges individuals to be as forthcoming as possible in the first-level appeal to avoid, whenever possible, the expense of the hearing process.
