Appeal procedure

PROCEDURE FOR CONSIDERING APPEALS

Appeal – an appeal by an organization (interested party) against a decision on a complaint regarding the result of work performed to confirm compliance related to the main activity of the body, with a request to review the decision taken by this body in relation to this object.

General Provisions

The applicant may be any organization or person participating in the certification process interested in the certification results, whose rights, in their opinion, have been violated.

The applicant has the right to file an appeal to the OS UPSKhZR at the ICPS AS RUz, with a request to review the decision on the complaint made by this body in relation to this object, based on the results of the work to confirm compliance related to the main activity of the body.

The result of the work of the Appeals Commission is a solution to the problem that has arisen or a reasoned refusal of such a decision.

Composition of the Appeals Commission

The composition of the members of the Commission includes the chairman, two members of the Commission and the secretary. The chairman and members of the Commission must meet the competence criteria and qualification requirements, have at least three years of experience in the field of product certification.

The Commission is headed by the chairman.

The composition of the Commission is determined by the chairman of the Commission. Members of the Commission are included in its composition on a voluntary basis. The Commission may include:

experts who are not related to the subject of the appeal and who did not participate in the certification or inspection control of the products of the organization in question,

independent experts and specialists of third-party organizations who meet the competence criteria and qualification requirements in the relevant issues and areas of knowledge, as well as representatives of interested organizations.

Functions and responsibilities of the Appeals Commission

The main functions of the Commission are:

Resolving disputes related to the activities of the OS UPSKHZR at ICPS AS RUz in connection with the revision of the decision taken by this body in relation to this facility.

Analysis and resolution of disagreements revealed during the consideration of complaints and appeals.

The Commission's responsibilities include:

consideration of appeals related to the main activities of the OS UPSKhZR at the ICPS AS RUz, and the performance of work to confirm compliance;

request from the applicant and the heads of the OS UPSKhZR at the ICPS AS RUz of materials necessary for the analysis of the claims set out in the appeal;

hearing at meetings of the Commission representatives of the applicant and the OS UPSKhZR at the ICPS AS RUz;

making decisions based on information received from all interested parties;

ensuring the confidentiality of commercial information received as a result of its activities;

ensuring the objectivity of decisions taken on all types of its activities;

not allowing discrimination against any of the interested parties;

ensuring the timely registration of the results of work and communicating the decisions taken to the interested parties;

consideration (participation in the consideration) of an appeal in the event of its transfer to higher authorities;

sending its representatives to participate in the work on the consideration of appeals filed by the applicant to higher authorities;

Rules for the registration, acceptance and procedure for registering appeals.

In cases of disagreement between the participants on issues related to the activities of the OS UPSKhZR at the ICPS of the Academy of Sciences of the Republic of Uzbekistan, the applicant has the right to appeal on controversial issues to the chairman of the appeals commission of the OS UPSKhZR at the ICPS of the Academy of Sciences of the Republic of Uzbekistan.

The appeal must be filed in accordance with the rules for filing in the established manner. The appeal must indicate the reasons for the dispute, provide a justification for disagreement with the decision of the OS UPSKhZR at the ICPS of the Academy of Sciences of the Republic of Uzbekistan, indicate the documents, etc.

The appeal is filed by mail, fax, e-mail, in writing to the OS UPSKhZR at theICPS of the Academy of Sciences of the Republic of Uzbekistan no later than 10 working days after the decision of the OS UPSKhZR at the ICPS of the Academy of Sciences of the Republic of Uzbekistan with which the applicant disagrees.

Receipt of each appeal is immediately confirmed to the applicant (by mail, telephone or e-mail) with mandatory confirmation from the applicant of the fact of receipt of registration of his appeal.

The composition of the documents attached to the application on controversial issues is determined by the applicant depending on the essence of the disputed situation.

Rules for consideration and terms for consideration of appeals.

The Commission must be organized within 5 working days from the date of registration of the appeal. The Commission must consider the appeal and study the situation that has arisen. The initial response must be sent to the applicant in writing no later than 15 working days after the date of registration of the appeal, indicating:

information about its receipt;

registration number;

the period for consideration - no more than 6 months according to the QMS.

The Chairman of the Commission approves the composition of the Commission and organizes:

preliminary familiarization of the members of the Commission with the received appeal;

involvement (if necessary) of competent independent experts and specialists in the subject of disagreement;

conducting (if necessary) a discussion of the merits of the appeal with any of the disputing parties;

consideration of the appeal at a meeting of the Commission with the invitation of both parties as observers.

In the event of disagreements among the members of the Commission or a lack of information, the Commission may additionally discuss the issue with one of the parties and experts or postpone the discussion to another meeting.

If necessary, the Commission determines the composition of the working group for checking and rechecking the circumstances, and sends it to the organization.

The Commission cannot include specialists who participated in the preparation and substantiation of the contested decision of the OS UPSKhZR at the ICPS of the Academy of Sciences of the Republic of Uzbekistan.

The Commission makes a decision by a simple majority of votes, by open vote, and formalizes it in the minutes of the meeting in any form.

Based on the minutes of the meeting, the decision of the Commission on appeal is formalized.

Rules and terms for drawing up a decision of the Appeals Commission

The decision is drawn up by the Chairman of the Commission within 15 working days.

The appeal decision must contain:

in case of full or partial refusal to satisfy the appeal: reasons for refusal with reference to the relevant legislative acts and regulatory documents and evidence justifying the refusal;

a list of documents confirming the validity of the decision;

in case of full or partial satisfaction of the appeal, the term and method of its satisfaction;

if the members of the Commission have a dissenting opinion, it must be reflected in the decision.

The procedure and terms for sending the Commission's decision to the applicant.

The appeal decision is sent to the applicant in writing no later than 3 working days from the date of its execution, using means of communication ensuring fixed sending or against signature.

If no objection is received from the applicant to the appeal decision within 20 working days from the date of its sending, it is considered adopted.

If the applicant disagrees with the decision taken by the Commission, he may, after notifying the Commission, appeal to higher authorities.

The decision of higher authorities is final.

Responsibility

The members of the Commission are responsible for:

the objectivity, legality and validity of the decisions taken;

maintaining the confidentiality of information received during the consideration of the appeal, as presented by the applicant;

storage of documents and materials.

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