Common use of NONCOMPLIANCE CHALLENGE AND APPEAL Clause in Contracts

NONCOMPLIANCE CHALLENGE AND APPEAL. When noncompliance of product(s), facility, or document(s) are found by Validator, and Participant disagrees with the noncompliance finding, the following procedures must be followed: Participant must submit documentation to XXXXX disputing the noncompliance brought forth within 10 days of the ICAR notice being issued by Validator. ICAR must be submitted along with the documentation. XXXXX staff will forward the documentation and ICAR notice to the appropriate certification committee (excluding members who may have a conflict of interest), for a determination to be made regarding whether noncompliance is upheld or dismissed. XXXXX staff will notify the Participant and Validator of the determination. This action may be appealed by Participant to the XXXXX Board of Directors. Any such appeal must be made by notice to the XXXXX Administrator within ten (10) business days of receipt of the Committee’s determination , and shall state the reasons why the noncompliance decision should be withdrawn or modified. If Participant appeals noncompliance to the Board of Directors, the ICAR response will not be required until the appeal is determined. If the Board upholds the noncompliance, Participant must respond accordingly (via corrective action) within 10 business days. If noncompliance is not found by the Board, Validator will withdraw the ICAR. Decisions made by the Board are final and not subject to further appeal. If Participant selects the third option above, the product(s) for which a noncompliance was issued will not be withdrawn from the website listing of Certified Playground Surfacing Products by the Validator until the appeals process has been completed. See Addendum 2 for additional requirements specific to Engineered Wood Fiber (EWF), Addendum 3 for Field Manufactured Unitary (e.g.: Poured-in-Place [PIP]), and Addendum 4 for Loose Fill Rubber (LFR).

NONCOMPLIANCE CHALLENGE AND APPEAL. When noncompliance of product(s), facility, or document(s) are found by Validator, and Participant disagrees with the noncompliance finding, the following procedures must be followed: Participant must submit documentation to XXXXX disputing the noncompliance brought forth within 10 days of the ICAR notice being issued by Validator. ICAR must be submitted along with the documentation. XXXXX staff will forward the documentation and ICAR notice to the appropriate certification committee (excluding members who may have a conflict of interest), for a determination to be made regarding whether noncompliance is upheld or dismissed. XXXXX staff will notify the Participant and Validator of the determination. This action may be appealed by Participant to the XXXXX Board of Directors. Any such appeal must be made by notice to the XXXXX Administrator within ten (10) business days of receipt of the Committee’s determination , and shall state the reasons why the noncompliance decision should be withdrawn or modified. If Participant appeals noncompliance to the Board of Directors, the ICAR response will not be required until the appeal is determined. If the Board upholds the noncompliance, Participant must respond accordingly (via corrective action) within 10 business days. If noncompliance is not found by the Board, Validator will withdraw the ICAR. Decisions made by the Board are final and not subject to further appeal. If Participant selects the third option above, the product(s) for which a noncompliance was issued will not be withdrawn from the website listing of Certified Playground Surfacing Products by the Validator until the appeals process has been completed. See Addendum 2 for additional requirements specific to Engineered Wood Fiber (EWF), Addendum 3 for Field Manufactured Unitary (e.g.: Poured-in-Place [PIP]), and Addendum 4 for Loose Fill Rubber (LFR).

NONCOMPLIANCE CHALLENGE AND APPEAL. When noncompliance of product(s), facility, or document(s) are found by Validator, and Participant disagrees with the noncompliance finding, the following procedures must be followed: Participant must submit documentation to XXXXX disputing the noncompliance brought forth within 10 days of the ICAR notice being issued by Validator. ICAR must be submitted along with the documentation. XXXXX staff will forward the documentation and ICAR notice to the appropriate certification committee (excluding members who may have a conflict of interest), for a determination to be made regarding whether noncompliance is upheld or dismissed. XXXXX staff will notify the Participant and Validator of the determination. This action may be appealed by Participant to the XXXXX Board of Directors. Any such appeal must be made by notice to the XXXXX Administrator within ten (10) business days of receipt of the Committee’s determination , and shall state the reasons why the noncompliance decision should be withdrawn or modified. If Participant appeals noncompliance to the Board of Directors, the ICAR response will not be required until the appeal is determined. If the Board upholds the noncompliance, Participant must respond accordingly (via corrective action) within 10 business days. If noncompliance is not found by the Board, Validator will withdraw the ICAR. Decisions made by the Board are final and not subject to further appeal. If Participant selects the third option above, the product(s) for which a noncompliance was issued will not be withdrawn from the website listing of Certified Playground Surfacing Products by the Validator until the appeals process has been completed. See Addendum 2 for additional requirements specific to Engineered Wood Fiber (EWF), Addendum 3 for Field Manufactured Unitary (e.g.: Poured-in-Place [PIP]), and Addendum 4 for Loose Fill Rubber (LFR).

NONCOMPLIANCE CHALLENGE AND APPEAL. When noncompliance of product(s), facility, or document(s) are found by Validator, and Participant disagrees with the noncompliance finding, the following procedures must be followed: Participant must submit documentation to XXXXX disputing the noncompliance brought forth within 10 days of the ICAR notice being issued by Validator. ICAR must be submitted along with the documentation. XXXXX staff will forward the documentation and ICAR notice to the appropriate certification committee (excluding members who may have a conflict of interest), for a determination to be made regarding whether noncompliance is upheld or dismissed. XXXXX staff will notify the Participant and Validator of the determination. This action may be appealed by Participant to the XXXXX Board of Directors. Any such appeal must be made by notice to the XXXXX Administrator within ten (10) business days of receipt of the Committee’s determination determination, and shall state the reasons why the noncompliance decision should be withdrawn or modified. If Participant appeals noncompliance to the Board of Directors, the ICAR response will not be required until the appeal is determined. If the Board upholds the noncompliance, Participant must respond accordingly (via corrective action) within 10 business days. If noncompliance is not found by the Board, Validator will withdraw the ICAR. Decisions made by the Board are final and not subject to further appeal. If Participant selects the third option above, the product(s) for which a noncompliance was issued will not be withdrawn from the website listing of Certified Playground Surfacing Products by the Validator until the appeals process has been completed. See Addendum 2 for additional requirements specific to Engineered Wood Fiber (EWF), Addendum 3 for Field Manufactured Unitary (e.g.: Poured-in-Place [PIP]), and Addendum 4 for Loose Fill Rubber (LFR).

NONCOMPLIANCE CHALLENGE AND APPEAL. When noncompliance of product(s), facility, or document(s) are found by Validator, and Participant disagrees with the noncompliance finding, the following procedures must be followed: Participant must submit documentation to XXXXX disputing the noncompliance brought forth within 10 days of the ICAR notice being issued by Validator. ICAR must be submitted along with the documentation. XXXXX staff will forward the documentation and ICAR notice to the appropriate certification committee (excluding members who may have a conflict of interest), for a determination to be made regarding whether noncompliance is upheld or dismissed. XXXXX staff will notify the Participant and Validator of the determination. This action may be appealed by Participant to the XXXXX Board of Directors. Any such appeal must be made by notice to the XXXXX Administrator within ten (10) business days of receipt of the Committee’s determination , and shall state the reasons why the noncompliance decision should be withdrawn or modified. If Participant appeals noncompliance to the Board of Directors, the ICAR response will not be required until the appeal is determined. If the Board upholds the noncompliance, Participant must respond accordingly (via corrective action) within 10 business days. If noncompliance is not found by the Board, Validator will withdraw the ICAR. Decisions made by the Board are final and not subject to further appeal. If Participant selects the third option above, the product(s) for which a noncompliance was issued will not be withdrawn from the website listing of Certified Playground Surfacing Products by the Validator until the appeals process has been completed. See Addendum 2 for additional requirements specific to Engineered Wood Fiber (EWF), Addendum 3 for Field Manufactured Unitary (e.g.: Poured-in-Place Poured‐in‐Place [PIP]), and Addendum 4 for Loose Fill Rubber (LFR).