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I. Statement of Policy

The Land Trust Accreditation Commission uses multiple sources of information in making decisions on accreditation and taking actions to ensure the credibility of the accreditation program. However, there may be instances when an applicant or accredited land trust disagrees with a decision to deny or revoke accreditation or assign probationary status. Accordingly, the Land Trust Accreditation Commission provides applicants for accreditation and accredited land trusts the opportunity to appeal decisions to deny accreditation, assign probationary status or revoke accreditation.

Grounds for appeal are limited to allegations that the Commission made an erroneous decision by arbitrarily failing to follow its stated procedures and/or failing to consider all the evidence and documentation presented on behalf of the applicant. Appeals are limited to the time and circumstances that triggered the Commission decision and to a review of facts available at that time. Descriptions of changes made by the appellant since the Commission decision will not be considered as part of the appeal.

If the Commission finds that a land trust has not complied or has failed to continue to comply with the accreditation indicator practices or program requirements, the Commission may deny accreditation or take disciplinary action to put the land trust on probation or revoke its accredited status. The land trust shall be promptly notified of such a decision and of its ability to appeal the decision following the procedures specified below.

The Commission will not generally provide public notice of the decision to deny accreditation or take disciplinary action until the organization subject to the action has been offered an opportunity to appeal and either the appeal period has expired or the Commission has taken final action. Notwithstanding the above, in cases where the organization subject to the action has knowingly or willfully violated the accreditation indicator practices or program requirements and/or obstructed the accreditation process, the Commission, at its sole discretion, may require that the organization immediately cease using the accreditation seal. In this circumstance, the Commission may publish its notice of decision immediately before the appeal period has expired so long as it includes the information in the public notice that the decision is subject to appeal. In such a case, the Commission must also make a notice of its final decision public, after the appeal period has expired or a decision has been made on the appeal.

The fee for filing a Request to Appeal with the Commission is $1,500. The filing fee covers a portion of the Commission’s administrative costs for processing the appeal and is payable regardless of the outcome of the appeal. If the Commission does not agree to hear the appeal, $1,000 will be returned to the land trust at the time it is notified that the Commission will not hear the appeal. The appellant is also responsible for any and all expenses it incurs in planning for and participating in any level of the appeals process, including but not limited to, legal fees, administrative costs, travel expenses or any other related costs.

II. Appeals Procedures

A. Notice of Request to Appeal

If a land trust wishes to appeal the Commission’s decision to deny accreditation, place it on probation or revoke its accredited status, it must notify the Commission within 30 days (calendar days here and throughout this policy) from the date of transmission of the notice of the decision. The organization requesting the appeal must take the following steps

B. Response to Request to Appeal

The Commission shall take the following steps when a Request to Appeal is received:

1. The chair (or vice chair if chair is unavailable here and throughout this policy) and executive director of the Commission shall review the Request to Appeal within 30 days of transmission and make a determination that the grounds for appeal listed in section I, “The Statement of Policy,” have been met. This determination will be forwarded to the executive committee for ratification no later than 60 days from transmission.

a. If the grounds for appeal have not been met, the appellant will be asked to provide supplementary information or will be informed in writing that the Request to Appeal has been denied on the basis of not meeting the grounds for appeal. This decision is not subject to any additional appeal.

b. If the grounds for appeal have been met, the Commission will provide a written notice to the appellant that the appeal will be heard.

2. Upon a determination that the Request to Appeal will be heard, the Commission shall establish an Appeals Panel (Panel) consisting of three current or former members of the Commission selected on the basis of their knowledge of accreditation and absence of any conflict(s) of interest. The Panel cannot include members of the original review team.

a. The land trust shall be provided with the list of Panel members and will have 10 days from the electronic transmission of the list to disclose if the land trust believes a Panel member has a conflict of interest. The Commission will consider this disclosure and make a final assignment of the Panel.

3. The Panel shall operate as follows:

1. The chair of the Commission shall appoint one Panel member as chair.
2. The Panel will establish a date for a conference call with the appellant to hear the appeal.
3. The Commission shall provide the appellant with at least 30 days notice of the date of the conference call.
4. If the land trust will be represented by legal counsel on the call, it must notify the Commission at least 15 days in advance of the call.
5. In advance of the call, Panel members will review the documents on record and may privately discuss the information in preparation for the call.
6. During the conference call, the Panel will take statements from the land trust involved and any other persons that the land trust wishes to provide information on its behalf.The Panel may also hear from Commission staff. The Panel may record this call.
7. After presentations are made during the conference call, the Panel shall make its recommendation in closed session. The Panel may recommend that the Commission overturn its previous decision, recommend that the Commission uphold its previous decision or recommend some alternative action.

i. If the Panel determines that it needs additional data to verify the information presented, it may request such information from the land trust or conduct a site visit and will notify the land trust of the need for more information or a site visit within 20 days of the conference call with the appellant. If a site visit is to be conducted, the budget for the visit must be approved by the Commission’s executive committee.

ii. The Panel shall prepare a recommendation to the full Commission within 20 days of the conference call with the appellant, conclusion of the site visit, or the date additional data is received, whichever is later.

iii. The Panel chair shall transmit the recommendation to the Commission in writing.

1. The Commission will act on the Panel’s recommendation no later than at its next regularly scheduled meeting.The Panel’s recommendation is not binding on the Commission.
2. The appellant will be notified in writing of the Commission’s decision within 20 days of the decision.

C. Final Action and Public Notice

1. If no written Request to Appeal is received by the Commission within 30 days from the date of transmission of the notice of its initial decision, the Commission’s initial decision shall constitute the final action by the Commission.

2. If an appeal has been heard, the determination of the Commission on the Panel’s recommendation shall constitute the final action of the Commission.

3. A notice of decision of the final action shall be published by the Commission.

4. Any legal actions brought by the appellant after the final action by the Commission must be filed in the District of Columbia.