Appeals
The individual or institution appealing may file an administrative appeal against the resolutions of the Evaluation Committee or the resolutions issued by AQUA within one month from the notification of the resolution. The appeal must be addressed to the Appeals Committee of AQUA, which is responsible for resolving administrative appeals, identifying the contact details of the individual or institution appealing, specifying the object of the appeal, and stating the reasons for appealing. The administrative appeal must be accompanied by any supporting documentation deemed appropriate.
The resolution process of the appeal unfolds through the following steps:
Review of formal aspects of the appeal
The President of the Appeals Committee reviews the appeal, and if any deficiencies are identified, notifies the concerned individual or institution, who has ten days to rectify them. Failure to rectify the identified formal defect will be considered a withdrawal of the appeal, and a resolution will be issued.
Constitution of the Appeals Committee
The composition of the Appeals Committee is published on the AQUA website and communicated to the concerned individual or institution within a maximum of two days from the receipt of the appeal. If the resolution or act recusal affects an individual or institution with which one of the members of the Committee has a conflict of interest, that member must abstain, and if not, may be recused.
A recusal must be lodged within a maximum of two working days from the communication of the composition of the Commission and must include the facts and legal grounds justifying it. The recusal must be addressed to the Appeals Committee. The President of the Committee or their substitute, in case the recusal is against them, forwards the received document so that within two working days the recused person can oppose it if they deem it appropriate. The recused person informs the Committee whether the alleged cause exists or not; if they deny it, within the mentioned period of two working days, they submit a document opposing the recusal. The members of the Appeals Committee not recused, with the necessary support of other members of the Steering Committee, up to a total of three members, resolve the recusal within three working days from the receipt of the last document, and notify the resolution to both parties. Along with the resolution of the recusal, the constitution of the Committee and its members are notified to the interested party.
Analysis of the appeal
The members of the Appeals Committee analyze the appeal. If deemed appropriate by the Appeals Committee, the President of the Committee may seek consultations, request clarifications, or convene a hearing with the parties; that is, both the appellant and the Evaluation Committee. Alternatively, at the request of the President of the Committee, external experts may be consulted to advise on the resolution of the appeals or the issuance of relevant reports. Within the framework of the appeal, the Appeals Committee cannot consider new documentation or merits produced after the date of the contested resolution.
Resolution of the appeal
The President oh the Committee issues and signs a reasoned resolution, which is issued within a maximum of two months. The deadline for resolving the appeal begins the day after its submission. However, this period will be suspended if rectification of any deficiency is necessary, and the counting will resume from the correct submission, or, in the case of a recusal, the counting of the deadline will resume the day after the Committee is properly constituted.
The resolutions of the Appeals Committee exhaust the administrative route.