Appeals at HRPA
In order to ensure the fairness of its regulatory practices, HRPA established an Appeal Committee to conduct internal appeals and reviews. An internal appeal or review is a review of a regulatory decision made by a committee or the Registrar. If it appears to the individual affected by the decision that there was an error in the original decision or that the process leading to the original decision was unfair, that person may ask HRPA’s Appeal Committee to conduct an appeal or review of the decision.
The internal appeal and review process is an important part of HRPA's regulatory framework. HRPA is committed to fair, transparent, and effective regulatory processes which include access to an internal appeal and review process.
Grounds for Internal Appeal
There must be a legitimate reason or ‘grounds’ to request an appeal or review; simply disagreeing with a decision does not constitute grounds for an appeal. The purpose of an appeal is not to retry or re-decide the case. Individuals wishing to get a ‘second opinion’ should apply for a reassessment or rescore where applicable. Generally, in order for an appeal to be considered, there must have been:
A denial of natural justice, e.g.:
o The individual did not have a fair opportunity to present their case,
o The panel or individual making the original judgment was not/were not impartial, and/or
o The process, policy or rule that was applied is flawed, unfair, or unreasonable. Here the process, or rule itself is challenged rather than the specific application of the process.
An error in the decision itself, e.g., the committee or Registrar:
o Failed to consider the correct facts, and/or
o Failed to apply the correct rule or policy in making their decision.
Who May Appeal?
The Appeal Committee will respond to written appeals from any party in the original proceedings. Individuals who were not a party to the original proceedings cannot appeal the decision of a regulatory committee or of the Registrar.
Requesting an Appeal
To file a Request for Appeal, a person must complete the Request for Appeal Form which asks them to set out the grounds for the appeal or review. The Request for Appeal must be signed and filed with the Office of the Registrar of HRPA within 30 calendar days from the date the decision that is being appealed was made. It may be delivered by mail, email, in person or by fax. There is no cost for requesting an appeal or review.
In almost every case, a decision or order of the Appeal Committee is final. However, if a decision of the panel to suspend or revoke a member’s membership or a firm’s registration has become effective, the Board may by special resolution rescind or alter the order. Also, all Appeal Committee panel decisions may be subject to judicial review by Divisional Court.
What decisions may be appealed?
Orders or decisions made by the following may be appealed to the Appeal Committee:
• Experience Assessment Committee
• Academic Standards Committee (where decisions relate to individuals)
• Continuing Professional Development (CPD) Committee
• Complaints and Investigations Committee
• Discipline Committee
• Capacity Committee
• Registration Committee
• Review Committee
• Board Nomination Committee
• CHRE Review Committee