DMV answers - Driver Motor Vehicle Updated: 2023

If an ISA CAP^® or CCST^® applicant feels he/she was wrongly denied certification, original or renewal, from the CAP or CCST program, then he/she has the right to appeal.

Appeals Procedures

All appeals shall be in writing.

1. The notice of appeal must be delivered to the Certification Board, addressed to the attention of the ISA Executive Director, by the close of business on the 21st day after the receipt date of the notice of denied certification.
2. The appeal should include the date the notice of denied certification was received and must state the reasons the applicant believes the denied certification was in error.
3. The appeal should indicate whether or not the applicant requests a hearing.
   1. If a hearing is requested, the applicant must explain why a hearing is needed, identify the issues to be resolved at a hearing, list names of prospective witnesses, and identify documentation and other evidence to be introduced at the hearing before the Board.
4. The Chair of the Certification Board will select a three-member panel of the Board to become the Review Panel, one of whom shall be appointed Chair and will be the final vote in the event of a tie during the ruling.

Procedures

The Review Panel will review the appeal and any request for a hearing. The Review Panel will grant a hearing in connection with the appeal, if requested.

Hearing

1. The Chair of the Review Panel will determine the time and location of the hearing within 90 days after determination that a hearing is warranted and will notify the applicant within the first 21 days. The applicant will be notified of the hearing time and location at least 20 days prior to the time determined for the hearing.
2. The applicant may be represented by counsel or represent him/herself at the hearing. The applicant may offer witnesses and documents and may cross-examine any witness.
3. The Review Panel may consider any evidence it deems relevant without regard to strict application of legal rules of evidence.
4. The applicant is urged to submit a written brief (four copies) 10 days prior to the hearing to the Certification Board, addressed to the attention of the ISA Executive Director, for distribution to the panel in support of his/her position. However, written briefs are not required.

Deposition

1. If the applicant or Review Panel desires to take a deposition prior to the hearing of any voluntary witnesses who cannot attend the hearing, the deposition of a witness may be applied for in writing to the Chair of the Review Panel together with a written consent signed by the potential witness that he or she will provide a deposition for one party and a statement to the effect that the witness cannot attend the hearing along with the reason for such unavailability.
2. The party seeking to take the deposition of a witness shall state in detail as to what the witness is expected to testify.
3. If the Chair of the Review Panel is satisfied that such deposition from a possible witness will be relevant to the issue in question before the Panel, then the Chair will authorize the taking of the deposition. The Chair will also designate a member of the Panel to be present at the deposition.
4. The deposition may be taken orally or by video. Any refusal of the taking of the deposition by the Chair shall be reviewed by the Panel at the request of the applicant.
5. The party requesting the deposition will pay for the cost connected with taking the deposition.

The applicant will be notified of the result of the Review Panel within 30 days of the meeting.

Final Review

1. If the Review Panel makes a decision adverse to the applicant, the applicant may appeal to the full Certification Board for a final review by the close of business on the 21st day after the notice of decision is issued. Such appeal shall follow the same procedures as the initial appeal to the extent possible with the Chair of the Board serving as the Chair of the Final Review Panel. The Chair will once again select a three-member panel, one of whom shall be himself, to become the Review Panel, and the final vote in the event of a tie during the ruling shall be his.
2. If the applicant does not petition the Board for review or request a hearing before the Board regarding the recommendation of rejection of the application within the time allowed by these rules, the original decision by the Review Panel shall stand.