3.13. Handling complaints and appeals
3.13.1. In this procedure, the Certification Body has established a process for receiving, evaluating, and making decisions on complaints and appeals. The Certification Body registers and monitors complaints and appeals, as well as the actions taken to resolve them, in the log maintained using Form OS.PR-02/F-03.
3.13.1.1. Appeals may be submitted in the following cases:
- refusal to review an application or to issue a certificate of conformity for certified products;
- cancellation or suspension of a certificate.
Appeals may also be submitted in the event of disputes concerning the conformity or nonconformity of products with the requirements of a standard, as well as the application of a particular standard established by the Certification Body.
Appeals may be submitted to the Certification Body, the National Certification Body (NCB), or the Economic Court.
3.13.1.2. Complaints may be submitted when dissatisfaction is expressed with the activities of the Certification Body (CB). The applicant shall submit an official letter to the Certification Body describing the nature of the complaint.
3.13.2. Upon receipt of a complaint or appeal, the Certification Body determines whether it relates to its certification activities and, if confirmed, accepts the complaint or appeal for review.
3.13.3. The Certification Body acknowledges receipt of the complaint or appeal to the complainant or appellant using Form OS.PR-02/F-04.
3.13.4 Procedure.
3.13.4.1. If an appeal is submitted to the Certification Body, the Director of the company shall appoint the Chairperson of the Appeals Committee.
The Chairperson of the Appeals Committee must be independent. The Chairperson may be a permanent employee of the Certification Body or an external person.
Within 5 days, the Chairperson shall establish an Appeals Committee consisting of at least 4 members. No committee member shall have any relationship with the parties to the dispute that could give rise to a conflict of interest.
The committee may include representatives of the Impartiality Committee, the Technical Committee, the Uzbek Agency for Technical Regulation, external certification bodies, and other specialists.
When considering a dispute concerning the application of a standard, the committee must include a representative involved in standardization, a base organization for standardization, or the developer responsible for the standard under consideration.
Representatives of the parties to the dispute have the right to attend committee meetings as observers.
The Appeals Committee shall consider the matter objectively and adopt its decisions by a simple majority vote.
As a general rule, the Chairperson shall not participate in voting. However, in the event of a tie, the Chairperson shall make the final decision.
In the case of voting by correspondence, a decision shall be considered adopted if it is approved by a simple majority of the committee members.
Committee members must communicate their opinions within 3 days.
The Appeals Committee must issue its decision no later than two weeks after its appointment.
As a general rule, the Appeals Committee may make one of the following decisions:
- refuse to consider the application;
- issue a certificate of conformity;
- refuse to issue a certificate of conformity;
- revoke an issued certificate of conformity.
3.13.4.2. If a complaint is submitted to the Certification Body, the Director of the company shall appoint a person responsible for reviewing the complaint within 3 days.
Within 5 days, the responsible person, together with the Head of the Certification Body, shall examine the nature of the complaint, identify its causes, and determine methods for resolving it.
For this purpose, the responsible person shall review the submitted materials and, where deemed necessary, directly interview both parties involved.
Upon completion of the review and examination of the complaint, the findings shall be reported to the Director of the company, who shall make a decision on whether to uphold the complaint.
3.13.5. The Certification Body is responsible for collecting and verifying all necessary information (to the extent possible) to make a decision regarding a complaint or appeal.
3.13.6. Decisions regarding the resolution of a complaint or appeal shall be made, or reviewed and approved, by a person or persons who have not been involved in the certification activities related to the complaint or appeal.
3.13.7. To prevent conflicts of interest, personnel (including management personnel) who have provided consultancy services to a client (see Clause 3.2) or have been employed by the client shall not be engaged by the Certification Body in the review of, or decision-making on, that client's complaints or appeals for a period of two years following the completion of the consultancy services or employment with the client.
3.13.8. Whenever possible, the Certification Body formally notifies the applicant of the outcome and completion of the complaint or appeal review process using Form OS.PR-02/F-05.
3.13.9. The Certification Body formally notifies the appellant or complainant of the outcome and completion of the appeal review process.
