2021 APEGA Annual Report

APPEAL BOARD The Appeal Board and APEGA staff work to ensure the board and APEGA achieve their mandates. The board met twice in 2021 to review its processes and how these relate to the work of the Investigative Committee, the Discipline Committee, and the Board of Examiners, as each strives to meet APEGA’s regulatory requirements. The board meetings included a review of appeal timelines, an examination of planned legislative and administrative changes, and a discussion of changes to processes to be implemented. New board members were provided information on their role. The board also reviewed issues relevant to appeals and the professions’ mandate to protect the public interest. Appeal panels, formed from a list of board members available for the date of a specific hearing, include a chair, three other APEGA members on the board, and the public member. Whether appeals are written or in person, the Appeal Board typically uses reasonableness as the appropriate standard of review. The board hears appeals of the decisions of the Investigative Committee, the Discipline Committee, the Practice Review Board, and the Board of Examiners. Most cases are appeals of the decisions of the Investigative Committee. For these appeals, the board either upholds the decision or refers the matter to the Discipline Committee for hearing. Many appeals involve unskilled practice and/or unprofessional conduct and the public interest. The cases indicate that members and permit-holding companies should ensure they engage in clear communication, develop clear written contracts with scope- of-work details, and maintain clear and current Professional Practice Management Plans. Such measures help prevent complaints and protect the public interest. A review of all appeal cases revealed that a careful reading of documents and provision of information is essential in the work of the professions. APEGA and the Appeal Board met the responsibilities of self- regulation and served the public interest well this past year.

Harold Neth Public Member

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