Disputes regulations
IHMQ Regulations for the Disputes Committee
Amersfoort 2012
1. General
1.1. There shall be a Disputes Committee which shall be responsible for giving a verdict on an appeal lodged against a decision or measure taken by IHMQ under IHMQ-Regulations which refer to these Regulations.
1.2. The Disputes Committee shall operate independently and impartially and shall only be bound to the procedures laid down in these Regulations.
1.3. The procedure for calling in the Disputes Committee is laid down in these Regulations.
2. Composition
2.1. IHMQ shall appoint an independent chairman and a deputy chairman for a period of office of three years. After the expiry of this period reappointment shall be possible.
The chairman and deputy chairman shall have the university degree master of laws.
The chairman and deputy chairman shall not be involved in IHMQ in any other way whatsoever than in their capacities mentioned here. In the absencc of the chairman the deputy chairman shall take over all the duties of the chairman stated in these Regulations.
2.2. The chairman shall determine the composition of the Disputes Committee and shall inform the parties about the composition. The Disputes Committee shall consist of three members, i.e.
- the chairman;
- the chairman of the Board of Experts involved in the subject matter of the appeal;
- a third member to be appointed by the chairman.
2.3. The chairman shall appoint a secretary for the Disputes Committee. The secretary shall not form part of the Disputes Committee.
2.4. If there is any entanglement of the interests of the appellant and any member of the Disputes Committee, this member shall withdraw forthwith in favor of a replacing member to be appointed by the Chairman.
2.5. Parties have the right to challenge a member of the Disputes Committee, if the independence or the impartiality of that member is in question.
3. Lodging an appel
3.1. An appeal may be lodged against a measure or decision taken by IHMQ within 30 days from the date of such measure or decision. The appeal shall be lodged by registered letter addressed to the Chairman of the Disputes Committee, stating the reasons for the appeal.
4. Deposit
4.1. When the appeal is lodged, the chairman shall determine a deposit to be paid by the appellant. The amount of the deposit should be reasonable in relation to the estimated costs of hearing the appeal. After the verdict this deposit will be set off against any costs payable by the appellant
4.2. If the appellant is an individual who is appealing against a decision or measure taken by IHMQ under the IHMQ-Regulations for Personal Certification, no deposit shall be due.
4.3. The chairman may decide not to hear the appeal as long as the deposit has not been paid. If a reminder is despatched and the deposit has still not been paid by the appellant within a period of eight days, the chairman may decide to declare the appeal lodged to be inadmissible.
5. Procedure prior to the hearing
5.1. The chairman shall inform the director of IHMQ of the appeal lodged, while submitting the letter received, and shall invite him to submit a defense.
5.2. The chairman shall subsequently compose the Disputes Committee in the manner stated under 2.2. and shall fix the date and time for hearing the appeal in consultation with the members and the secretary, after having asked the appellant and IHMQ on what dates they are prevented from attending. When fixing this date a period of at least 14 days will be observed in order to allow the parties involved to prepare for the hearing of the appeal.
5.3. The secretary shall inform the parties of the date on which the appeal will be heard.
5.4. The appellant may provide additional information prior to the hearing. This additional information shall be available at such a time that IHMQ may be given the opportunity to react to this information prior to the hearing.
5.5. The appellant and IHMQ shall send each other copies of anything they submit to the Disputes Committee.
6. Hearing
6.1. The Disputes Committee shall hear both parties during the hearing.
6.2. Both parties may be represented at the hearing.
6.3. Both parties may call witnesses and/or experts during the hearing, provided the Disputes Committee and the other party are familiar with such witnesses or experts at least five days prior to the hearing.
6.4. In addition, the Disputes Committee may call witnesses, consult experts and adopt all such other measures and provisions as it considers necessary in order to arrive at a proper verdict. Where appropriate, the Disputes Committee shall make this known to the parties. The statements of such witnesses and the judgements of the experts may be commented on by the parties.
6.5. If necessary, the Disputes Committee may decide to hold a further hearing.
7. Verdict
7.1. The Disputes Committee shall pronounce its verdict on the appeal lodged within three months after the hearing. If an appeal has been lodged under the IHMQ-Regulations for Personal Certification, the Disputes Committee shall pronounce its verdict within one month.
7.2. The Disputes Committee shall decide on the appeal lodged by a majority of votes.
7.3. The verdict and its grounds shall be recorded in writing. The secretary shall ensure that the parties may avail themselves of the verdict within two weeks after it is pronounced.
7.4. The verdict of the Disputes Committee shall be considered a determination between the parties within the meaning of section 900 Book 7 of the Netherlands Civil Code.
7.5. In its verdict the Disputes Committee shall also determine the costs of hearing the appeal as well as deciding which party shall bear such costs.
8. Accelerated proceedings in the event of an appeal against a suspension
8.1. If an appeal is lodged against a decision of IHMQ whereby the right to make use of the certificate is also suspended, the Chairman of the Disputes Committee may, at the appellants request, decide that accelerating proceedings will be held in respect of the appeal against the suspension.
8.2. If the Chairman decides that accelerated proceedings shall be held, he shall consult the other members of the Disputes Committee within 48 hours. He shall also familiarise himself with the considerations of IHMQ which led to the suspension.
8.3. After the consultation the Chairman shall decide whether the suspension should be withdrawn by IHMQ while the appeal is being dealt with. He shall inform both parties of his decision in writing.
9. Secrecy
The members of the Disputes Committee shall be obliged to observe secrecy in respect of any information they obtain in connection with the persons, the business or the personal or business circumstances of the appellant.
10. Final provisions
10.1.1 All cases for which these Regulations do not provide shall be adjudicated by the Disputes Committee
10.1.2 These Regulations shall replace the Regulations for the Disputes Committee: 2003
10.1.3 These Regulations may be quoted as the Regulations for the Disputes Committee: 2003
10.1.4 Amendments to these Regulations shall only take effect after publication by IHMQ, stating the effective date.
10.1.5 These Regulations shall take effect on April 23, 2003.