201 9 ANNUA L RE POR T
The Appeal Board and APEGA staff work to ensure the Board achieves its mandate. The Board met twice in 2019 to review its processes and how these relate to those of the Investigative Committee, the Discipline Committee, and the Board of Examiners, as each strives to meet APEGA’s regulatory requirements. The Board meetings gave us the chance to review appeal timelines, examine planned legislative and administrative changes, and discuss changes to processes to be implemented. New Board members were provided information on their role, and the Board continued to pursue succession plans. The Board further reviewed issues and literature relevant to appeals and the professions’ mandate to protect the public interest. Appeal panels are formed from a list of Board members who are available for the date of a specific hearing. Panels include a chair, three other APEGA members on the Board, and the public member. Whether appeals are written or in-person, the Appeal Board 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. APPEAL BOARD
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. Most appeals in 2019 involved unskilled practice and/or unprofessional conduct and the public interest. Appeals mostly dealt with issues surrounding building inspections and construction. A review of the cases indicates 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. APEGA and the Appeal Board have met the responsibilities of regulation and served the public interest well this past year.
Harold Neth Public Member
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