PEG Magazine - Summer 2015

PROGRESS AND RENEWAL

APEGA Tackles Backlog of 10 Appeals

Of the appeals heard in 2014, eight of the Investigative Committee decisions to dismiss were upheld. Two were sent to the Discipline Committee for a full hearing. The appeals covered a wide range of issues, including disagreements over: • proper foundation design • the inspection of housing components • municipal projects Here’s a takeaway for you. In almost all the cases heard by the Appeal Board, clear and respectful communications were needed at the time issues arose. If the Professional Members and complainants practised this basic business necessity, disagreements would have been mini- mized, an investigation probably wouldn’t have been necessary, and the image of our professions would actually have been enhanced. The year ended with just three outstanding appeals to be heard in 2015 — compared with 10 at the beginning of 2014.

The Board of Examiners examines and approves licences. The Investigative Committee investigates complaints against Members and Permit Holders. And the Discipline Committee hears cases arising from complaints against Members and Permit Holders, deciding whether they’ve done anything wrong and, if so, what the consequences are. The Practice Review Board conducts practice reviews of Permit Holders and individuals. The Investigative Committee can dismiss a complaint if its investigation finds there’s a lack of sufficient evidence to proceed to a full disciplinary hearing in front of the Discipline Committee. In all 10 appeals heard in 2014, complainants were appealing Investigative Committee decisions to dismiss a complaint following an investigation. The Appeal Board has just two options when an Investigative Committee dismissal is appealed. It can uphold the committee’s decision, or it can send the case to the Discipline Committee for a full hearing.

APEGA developed and launched a management process in 2014 to close a backlog of outstanding appeals and improve the timeliness of future appeals. We put key performance indicators (KPIs) in place to monitor this new management system, and now we’d like to let you know how we’re doing. The year 2014 began with an inventory of 10 outstanding appeals, the oldest dating back to December 2009. APEGA usually receives three or four new appeals a year, and 2014 was no exception — three new appeals were requested. Ten appeals were heard by the APEGA Appeal Board in 2014. The hearing for one outstanding appeal was cancelled, because the request for an appeal was withdrawn. Where do these appeals come from? Appeals arise from the decisions of four different statutory boards or committees. These are the Board of Examiners, the Discipline Committee, the Practice Review Board, and the Investigative Committee, all of which conduct work that’s critical to APEGA’s regulatory role.

50 | PEG SUMMER 2015

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