Rules for handling complaints and appeals against decisions of the certification body
This document defines the procedure for resolving disputes over the activities of Certification Body (CB) between enterprises, organizations, entrepreneurs, citizens – applicants, consumers and CB.
The provisions of the document apply if there are claims in the sphere of authority of CB, unless otherwise established by the legislation of the Russian Federation.
1. In case of any disputable issues in the event of the applicant’s disagreement with the results of certification, testing or inspection control, the applicant has the right to file a complaint, claim, appeal (hereinafter referred to as an appeal) to CB.
2. The complaint, the claim, the appeal (hereinafter referred to as the appeal) shall be submitted in written form and signed by the applicant. The appeal can be sent by mail or handed in person.
3. The appeal is registered in CB in the register of complaints, claims, appeals (form – Appendix 1) and is sent to the head of CB, who appoints a person responsible for preparing appeal for consideration.
Claims, prescriptions from the executive authorities, state control, organizations, citizens are also recorded in the register of complaints, claims, appeals.
4. Preparation includes obtaining the necessary information and preparing proposals for additional activities (if necessary) and composition of the commission meeting (if the head of the CB decides to consider the appeal at the commission meeting).
5. The head of CB considers the appeal (if necessary – with the involvement of experts of CB, the choice of specialists is determined by the subject of the dispute) and makes a decision. If decision is made to set the appeal in motion at a meeting of the commission – the head of the CB determines the date and composition of the commission.
6. Consideration of appeal at the meeting of commission may take place both in presence of the applicant or without it. If decision is made to invite the applicant to the meeting of commission, CB will notify him in written form at least 5 days before the date of appeal.
7. Consideration of appeal is carried out by the head of the CB with the involvement of CB experts. The actions taken and their results are documented by protocol, which indicates: correct actions related to certification, order and sequence of their decision.
8. During the appeal process, it may be necessary to obtain additional materials or conduct certain events. In this case, commission may be gathered again.
9. The final decision on the appeal is made by head of the CB, taking into account the results of consideration of appeal.
The solution should contain:
– in case of full or partial satisfaction of appeal – term and method of its satisfaction;
– in case of full or partial refusal to satisfy the appeal – the reasons for refusal with reference to relevant legislative acts, regulatory documents and evidence justifying the refusal;
– if necessary, list of documents confirming the validity of the decision.
10. The decision on the appeal shall be sent to applicant in written form using the means of communication.
11. CB, after considering the appeal if necessary or at the request of applicant, returns to him the originals of submitted documents, copies of CB, as well as a 2nd copy of decision, remain in CB.
12. The time period for consideration of an appeal is not more than 1 month from the day the appeal is registered with CB.
13. If additional measures are necessary to make a decision on appeal (tests, examinations, etc.), CB formally informs the applicant about this. 14. In case of dissatisfaction with the decision of CB, applicant has right to appeal with accreditation body in the manner established by accreditation body, and then to the court in accordance with the current legislation.