ADMINISTRATIVE APPEALS

Q: When should I submit an Administrative Appeal request?

A: You may submit an Administrative Appeal request if you have submitted a BACB application (e.g., certification, renewal, recertification), your application was denied, and you:

• have sufficient evidence to support that your documentation (a) was complete, (b) met all BACB requirements, and (c) was submitted by the deadline;
• were given incorrect feedback or guidance from BACB staff;
• experienced a technical issue with your BACB account that prevented you from being able to complete the required task(s) by the deadline; OR
• experienced a qualifying unforeseen life event or extenuating circumstance that prevented you from completing the task(s) by the deadline.

Do not submit an Administrative Appeal request if:

• you have not submitted an application or received an application determination
• the application denial was due to an error made by you or someone else (i.e., not the BACB), such as:
  • The email address in your BACB account was out of date.
  • The name in your BACB account was incorrect.
  • Emails from the BACB were going to your spam or junk folders.
  • Your employer or supervisor failed to complete your application properly.
  • Your employer or supervisor created your BACB account, and you didn’t know your login information.

Remember that BACB standards, requirements, deadlines, procedures, fees, examination content, examination delivery modality, examination results, and specific questions/answers may not be appealed.

Q: What type of Administrative Appeal request should I submit?

A: The BACB offers 3 types of Administrative Appeals:

1. Application Appeals: Adverse BACB decisions including, but not limited to, the denial of a certification, renewal, recertification, or other applications submitted to the BACB may be appealed if (a) you have sufficient evidence to support that you properly completed and submitted all of the required documentation to the BACB by the deadline, (b) you were given incorrect feedback or guidance from the BACB, or (c) you experienced a technical issue with your BACB account that prevented you from meeting the deadline. This type of appeal applies to all trainees, applicants, certificants, and Authorized Continuing Education (ACE) Providers.

   You will receive detailed information (i.e., reasons for the application denial, steps that must be taken to correct any deficiencies) at the time of the denial. To request information about a denied application, please use the Contact Us Form. If you have an active application and must submit additional or corrected documentation, please follow the instructions in your application determination.

   How to appeal: You must file a written request for an appeal within 30 days of the determination by completing the Administrative Appeal Request Form. You must include evidence with your submission to support your appeal request.

2. Examination Appeals:

   If you experience examination condition irregularities (e.g., poor lighting, disruptive noises, long screen-load times) during your examination, you may request an appeal from the BACB. Note: Pearson VUE testing sites deliver BACB examinations via a web browser, so some minor Internet bandwidth variances are to be expected.

   How to appeal: You must file a written request for an appeal within 7 days of your examination appointment by completing the Administrative Appeal Request Form.

3. Compassionate Appeals: If you have experienced a qualifying unforeseen life event or extenuating circumstance that warrants relief (e.g., hospitalization, act of nature) within 1 year before the determination that you wish to appeal (e.g., the day that your certification expires), you may submit an appeal request. This type of appeal applies to all trainees, applicants, candidates, certificants, and ACE Providers who have supporting evidence that a qualifying life event occurred.

   BACB staff will evaluate the appeal based on the date of the event, its potential impact on your ability to obtain or maintain BACB certification, the amount of time you had to meet the applicable requirements (e.g., whether you are using the 2 years between recertification to accrue continuing education), and whether you could have taken preventative actions (e.g., applied for voluntary inactive status).

   How to appeal: You must file a written request for an appeal within 6 months of the determination by completing the Administrative Appeal Request Form. This appeal request requires documentation that verifies the event or circumstance in question.

Q: What can I expect during the appeal process?

A: Once you submit your appeal request, your submission form, documentation, and BACB account will be reviewed. You will receive an update (e.g., request for additional documentation) or determination via the email address associated with your BACB account. Please also note the following:

• Appeal requests may only be submitted by the applicant or certificant, not their supervisor or others.
• Timelines for processing appeal requests vary depending on several factors, including the need for additional information, communication with all parties (e.g., examination administrators, supervisors, legal counsel) involved in the appeal request, and others.
• The BACB is unable to provide a timeline for appeal decisions. Please allow at least 2 weeks for the BACB to process the appeal submission. If you have not received an update from the BACB after 15 days, you may submit an inquiry through the Contact Us Form.
• Submitting an appeal request does not guarantee reversal of the original determination, and BACB staff are unable to speculate on possible appeal outcomes.

Q: I don’t understand why my application was denied. Should I submit an Administrative Appeal request?

A: No. Detailed information (i.e., reasons for the denial, steps that must be taken to correct any deficiencies) will be emailed to you at the time of the denial. If you have questions about the next steps, please reach out through the Contact Us Form. We also recommend that you:

• check your spam or junk folders regularly to ensure that you receive important emails from the BACB,
• carefully review your documentation before resubmitting to ensure that it is complete and meets all BACB requirements,
• ensure that your documentation is submitted by the deadline, AND
• check the Application Processing Updates web page for current application processing timelines once you’ve resubmitted your documentation.

Q: Should I use the Administrative Appeal Request Form to submit corrected or additional application documentation?

A: It depends on where you are in the application process. Please review the following flowchart for an overview of steps to take if your application was denied:

Click the image to enlarge it in a new browser window

Q: What type of Administrative Appeal request should I submit?

A: The BACB defines it as one of the following unplanned events that occurred within 1 year before the determination that you wish to appeal (e.g., the day that your certification expires):

• surgery
• hospitalization
• critical illness (e.g., cancer, stroke, multiple sclerosis, mental illness)
• critical injury (e.g., injured in a car accident)
• in- or out-patient rehabilitation
• primary caretaking of an immediate family member (i.e., child, spouse, parent) with a medical condition
• death of an immediate family member (i.e., child, spouse, parent)
• adoption or foster care of a child
• military deployment or spousal military deployment
• receipt of government financial assistance (e.g., Supplemental Nutrition Assistance Program, Housing Assistance, Supplemental Security Income)
• act of nature (e.g., fire, flood, hurricane)

Examples of life events or circumstances that do not qualify include:

• business endeavors
• marriage/domestic partnership separation or divorce
• a move or job relocation (unless related to military deployment)
• childbirth/maternity leave
• a positive COVID-19 test or quarantine/isolation period

Please note, compassionate appeal requests will be evaluated based on the date of the life event, its potential impact on your ability to attain or maintain BACB certification, and whether you could have taken preventative actions (e.g., applying for Voluntary Inactive Status).

Q: What if the dropdown menu options in the Administrative Appeal Request Form do not apply to or best describe my situation?

A: If the dropdown menu options do not apply to your situation, it may indicate that your specific circumstances do not qualify for an appeal; however, you may still complete the form to the best of your ability. Please review the descriptions of each type of appeal for more information.

Q: What type of documentation should I submit with my appeal request?

A: Although the BACB cannot specifically advise you on what to submit for a successful appeal, it is typically best to include documentation that supports your appeal request, such as timestamped email correspondences, screen shots, or proof of a complete and accurate application submission. Please note that only 3 files not exceeding 2MB may be included in your submission. If you have more than 3 files, please merge them or reduce the file size to meet this requirement. Do not submit multiple appeal requests to include additional files. If BACB staff need additional information to process your appeal request, they will reach out via email after an initial review has been conducted.Please note that BACB staff are unable to speculate on possible appeal outcomes.

Q: How will I know that my appeal request was received?

A: Once you complete and submit the appeal request form, a copy will immediately be sent to the email address you entered in the Email field. To ensure that you receive this copy, please be sure to enter your email address correctly. The BACB also recommends checking your spam or junk folders regularly and adding the BACB as a safe sender so that you receive important BACB communications. If you do not receive a copy of your submission, please reach out though the Contact Us Form.

Q: What if I disagree with the appeal determination?

A: Appeal determinations are final and may not be further appealed. Once the appeal is closed, the BACB will not provide you with any additional information or further communicate with you regarding the appeal. Any additional communications (e.g., email, letter) from you will be documented but will not result in a response from the BACB. If you are considering legal action against the BACB, please review the Application Processing Agreement that was submitted with your application for limitations on legal actions and remedies.