COMPLAINTS AND APPEALS

1. Complaints

1.1 In cases of complaints regarding officially accredited OCB, the following procedures shall apply:

1.1.1 Complaints regarding the functioning of an officially accredited OCB shall, in the first instance, be directed to the OCB in question.
1.1.2 If the complaint was not acted upon within 15 days or if the complainant feels the complaint has not been handled satisfactorily by the OCB, it shall then lodge a complaint with the DA-BAFS. Confidentiality regarding the source of such a complaint is maintained whenever possible.
1.1.3 The DA-BAFS shall investigate the complaint.
1.1.4 Where the DA-BAFS considers the complaint to be sufficiently substantiated, it shall notify the OCB concerned and shall require a written explanation within 15 days.
1.1.5 If the DA-BAFS finds the explanation unsatisfacory, it shall refer the matter to the NCOA-OCB for appropriate action.

2. Appeals The appeal procedures shall apply in the following situations:

2.1 Denial of Issuance of Official Accreditation of OCB

2.1.1 When an application has been given a ‘denied’ status and after taking into consideration the recommendations of the OAEP, the applicant may appeal for reconsideration by sending a formal communication to the DA-BAFS, within fifteen (15) working days upon receipt of the notification of denial, signifying either the strategies to address the areas of concern or actions done to correct the situation.
2.1.2 The NCOA-OCB and the DA-BAFS shall determine the acceptability of the remedial actions.
2.1.3 The assessment team shall be sent to re-assess their compliance/s within fifteen (15) working days upon receipt of the corrective action plan and evidences of implementation of the OCB, subject to the availability of the assessment team.
2.1.4 The NCOA-OCB shall review, evaluate, and decide on the assessment report for recommendation to the NCOA-OCB for proper action.
2.1.5 If the NCOA-OCB decides that reconsideration is not warranted, the request for reconsideration will be denied with a statement of reasons and a reiteration of the OCB’s right to pursue its application one (1) month after the denied request for reconsideration.
2.1.6 If, following reconsideration, the NCOA-OCB, upon unanimous vote, decides that the OCB is correct in its claim of such error leading to an erroneous conclusion by the NCOA-OCB, the DA-BAFS may overturn the denial decision and proceed with the granting of official accreditation.

2.2 Suspension/Revocation of the Official Accreditation Certificate

2.2.1 An Officially Accredited OCB that has received a notice of suspension/revocation of Official Accreditation may be a candidate for reconsideration if it can demonstrate that there were major documented errors of fact in the information used by the DA-BAFS and NCOA-OCB in arriving at the suspension/revocation decision.
2.2.2 In such cases, the OCB must submit a written request for reconsideration to the DA-BAFS Director within thirty (30) working days of receiving the notification of the suspension/revocation decision.
2.2.3 This request must be accompanied by three (3) original copies of the report specifying the major documented errors of fact and how such errors contributed to the suspension/revocation decision, together with substantiating documentation. 2.2.4 The suspension/revocation decision made due to the suspended/revoked status of the accreditation to ISO/IEC 17065:2012 shall automatically disqualify the OCB for reconsideration.
2.2.5 The DA-BAFS shall accept or deny the OCB’s request for reconsideration of the suspension/revocation decision within fifteen (15) working days from the receipt of the request. The action will be based solely on the report and the supporting documentation submitted by the OCB in accordance with the nature of the deficiencies that led to the suspension/revocation decision.
2.2.6 If the DA-BAFS and NCOA-OCB decides that reconsideration is not warranted, the request for reconsideration will be denied with a statement of reasons and a reiteration of the OCB’s right to pursue an appeal for reconsideration.
2.2.7 When the DA-BAFS granted reconsideration, the OCB shall be deemed to have waived its right to appeal either the original suspension/revocation decision or the action that will result from the reconsideration.
2.2.8 If, following reconsideration, the NCOA-OCB, upon unanimous vote, decides that the OCB is correct in its claim of such error leading to an erroneous conclusion by the NCOA-OCB, the DA-BAFS may overturn the suspension/revocation decision and grant official accreditation.
2.2.9 The new official accreditation action must be decided by unanimous vote of the NCOA-OCB.

 

Downloadable File: BAFS-OAAS Complaint Form.pdf