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Massage Therapist Association Of Alberta

 

APPEAL PROCESS

 

If required, an Appeal Committee shall be drawn randomly from the membership and consist of not less than 3 and not more than 5 members in good standing with the MTAA Vice-President Chairing the committee. 

  1. The Member has the right to appeal decisions or any order of the Discipline Committee, by serving a written notice of appeal within 14 days of receipt of the decision or order where: 
    1. The Discipline Committee has found the Member guilty of misconduct.
    2. The Member is subject to an order imposed by the Discipline Committee or the Board of Directors.
    3. Any suspension granted pursuant to Article 7 remains in force pending the outcome of any Appeal.
  2. The written notice shall state the grounds of appeal. 
  3. Any formal request for an appeal must be accompanied by a non-refundable Appeal Fee of $500.00. A checklist will be given to ensure that all required documentation is submitted with the Appeal request.
  4. The Appeal Committee shall review all of the evidence that was before the Discipline Committee and shall not receive new evidence or testimony unless, in the opinion of the Appeal Committee, extraordinary circumstances exist. The Complainant and the Member shall be allowed to make representations to the Appeal Committee at the appeal hearing.
  5. On hearing an appeal the Appeal Committee may: 
    1. Dismiss the appeal.
    2. Quash or uphold any finding of guilt. 
    3. Direct further inquiries by the Complaints Committee or recommend the Complaints Committee to reinvestigate the file. 
    4. Direct a new hearing or further inquiries by the Discipline Committee or recommend the Discipline Committee to re-examine the file. 
    5. Vary, in whole or in part, any penalty or order made by the Discipline Committee.
  6. In addition to the powers listed, on an appeal the Appeal Committee may make any order it feels is appropriate with respect to payment of costs of the original disciplinary hearing or the appeal hearing by either the Complainant or the Member.
  7. Within a reasonable time after the conclusion of the appeal hearing, the Appeal Committee shall issue a written decision setting out its findings and orders and shall provide reasons for its findings and orders. That decision shall then be sent to the Complainant and the Member by registered mail. The decision of the Appeal Committee is final.