An internal appeals is a process that allows for a review of a regulatory decision made by a committees or the Registrar when it appears to the party impacted by the decision that something was wrong or went wrong with the process of making the original decision.
There are two levels of appeals at HRPA. The first level of appeal is an internal appeal to the HRPA Appeals Committee. The second level of appeal is an external appeal to Divisional Court as provided by the, Human Resources Professionals Assocation of Ontario Act, 1990
Section 6. (1) A person who is qualified for membership in the Association and who has been refused membership or a person who has been subject to a disciplinary sanction under the by-laws may appeal to the Divisional Court from the refusal to grant membership or from the sanction.
In order to ensure fairness in the registration practices and to mediate problems prior to Divisional Court, HRPA established an Appeals Committtee under section 18 of the By-laws. The purpose of HRPA's internal appeals process is to provide for the opportunity of a review of decisions made by HRPA's regulatory committees or by the Registrar. Internal appeal processes are an important aspect of HRPA's regulatory framework. HRPA is committed to full, fair, transparent, and effective regulatory processes which includes the access to an internal appeal process.
Grounds for Appeal
There are many ways in which a regulatory body can possibly go wrong. We refer to these as "grounds for appeal". There are 2 basic grounds for appeal.
The first grounds for appeals is when the original committee or the Registrar failed to follow due process or that the process itself is thought to be flawed, unfair, unreasonable, capricious, vexatious, or otherwise carried out in bad faith.There are two basic requirements of due process: (1) that the individual had a fair opportunity to present their case, and (2) that the panel or individuals making the judgement was/were impartial. Another way there can be denial of due process is when the process, policy or rule is itself is flawed, unfair, or unreasonable. Here the process, or rule itself is challenged rather than the specific application of the process.
Another grounds for appeal is the situation in which the committee or Registrar failed to consider the correct facts or failed to apply the correct rule or policy in making their decision. Previously this was called "deficiency in the decision".
The purpose of internal reviews or appeals is not to retry or re-decide the case. Individuals wishing to get a "second opinion" should apply for a re-assessment or rescore where applicable.
Who May Appeal
The Appeals Committee will respond to written appeals from any parties in the original proceedings. Individuals who were not a party to the original proceedings cannot appeal the decisions of a regulatory committee or of the Registrar.
What decisions may be appealed?
Any order or decision of the following committee or of the Registrar may be appealed to the Appeals Committee:
the Certification Committee
The Educational Standards Committee
The Recertification Committee
The Complaints and Investigations Committee
The Discipline Committee
The Registrar where decision - (where decision making authority has been granted or delegated to the Registrar)
Requesting an Appeal
To file a Notice of Appeal candidates must complete the "Notice of Appeal Form" which sets out the grounds for an appeal. The Notice of Appeal must be signed and filed with the Office of the Registrar of the Association within 30 calendar days from the date of notification of the decision being appealed. It may be delivered by mail, in-person or by fax. There is no cost for requesting an appeal.
For more informtion on the Appeals process and proceedings
Download the internal appeals process docoument - click here
HRPA
Office of the Registrar
200-150 Bloor St. West
Toronto, ON M5S 2X9
registrar@hrpa.ca
Fax: 416-923-8956