B. Secondary Appeal

If the candidate wishes to appeal the decision of the NEB on the Primary Appeal, s/he may do so by submitting a further Notice of Appeal to the Registrar of the NEB in writing within thirty (30) days of the mailing date of the decision on the Primary Appeal. Such “Secondary Appeal” shall be heard by a panel of three veterinarians appointed by the NEB, who are not current NEB members (the “Appeal Panel”).

The candidate’s Notice of Secondary Appeal must set out the grounds of appeal, again with brief and concise statements to support the validity of such grounds. The NEB shall have the opportunity to submit a written reply (the “Reply”) to the Notice of Secondary Appeal, which Reply shall be filed with the Registrar of the NEB and sent to the candidate who is appealing, within sixty (60) days of the receipt of the Notice of Secondary Appeal.

As soon as possible after the Reply has been filed with the Registrar of the NEB, or after the time for such filing has expired, the Appeal Panel shall conduct a hearing to review the entire appeal record, which shall include the decision of the NEB on the Primary Appeal, the Notice of Secondary Appeal and the Reply. At such a hearing, both the candidate and the NEB shall be permitted to appear and make representations. The candidate, the NEB and the Appeal Panel may each be represented by counsel during this hearing.

Following the review and hearing, the Appeal Panel shall present its decision to the NEB as to whether the candidate has passed or failed the Examination in question. Such decision shall include conclusions on each of the grounds of appeal presented by the candidate. The decision of the Panel shall be binding on the NEB. In addition to presenting its decision on the appeal, the Appeal Panel may also, at its discretion, make recommendations to the NEB on any issue raised by the Secondary Appeal. Such recommendations may or may not be acted upon by the NEB, at its sole discretion.

If the Secondary Appeal is unsuccessful, no further appeal may be made by the candidate concerning the appealed Examination results.