CLAIM SUBMISSION PROCEDURE
Claims and appeals must be submitted in writing in the form of application. The claim can be submitted:
- by e-mail bsc@inbox.com or balticrailcert@gmail.com - documents must be signed with a secure electronic signature;
- by sending the registered letter to the address Brivibas gatve 224A, Riga, LV-1039, Latvia.
Claims and appeals must contain the detailed reason and justification, identifying information about the applicant (name, surname, personal identification number (if none, then date of birth or other personal identifying information) or company name and registration number), and contact information (address, e-mail).
Claims and appeals must be signed and dated.
The certification body does not review anonymous claims or appeals in which the applicant is not specified or identifiable.
All received claims and appeals are registered in the claims and appeals log under unique identification number. The date of receipt and applicant of the claim/appeal, the nature of the claim/appeal, as well as the corrective and preventive measures taken to prevent the recurrence of the claim/appeal, indicating the date when the response was provided to the applicant of the claim/appeal is indicated in the log. The certification body informs the applicant in writing within five working days about the receipt of the claim or appeal and states the planned review deadlines and the procedure.
If the claim or appeal does not meet the design requirements or the data is incomplete, the certification body is entitled to refuse to review the claim or appeal until it meets all requirements.
The appeal must contain the justified objection of the applicant to the decision of the certification body or must contain the description of the disputed issue, which explains the validity (essence) of the claims and the confirmed facts provided in the appeal.
If the claim is received from the consumer and/or supervisory authorities regarding the certified product of the certification body, the certification body shall inform the applicant thereof within two days and take steps to review it.
Upon receipt of the claim or appeal, the head of the certification body shall assess and confirm whether the claim or appeal relates to the certification activities for which it is responsible, and if so, shall review the claim or appeal. If the claim or appeal does not refer to certification activities for which it is responsible, it notifies the Applicant and doesn’t review the claim or appeal.
If the circumstances indicated in the claim has informative significance and the claim does not require a substantive response or active action of the certification body, the relevant claim shall be acknowledged and used in the activity of the certification body in accordance with the content of the claim.
Submitted claims or appeals shall be reviewed within the reasonable time (taking into account the urgency and complexity of the issue) but not later than within two calendar months from the date of receipt, with the possibility to extend the revision period to three months. If the 3-month deadline cannot be met for objective reasons, the applicant will be notified hereof.
Claims are reviewed by the commission established by the certification body, but appeals are reviewed by the impervious committee.
The certification body takes all necessary measures to make an objective and uninfluenced decision on the subject of the claim or appeal during its review, and is also responsible for gathering and verifying all necessary information to facilitate and make a decision on the claim or appeal.
The certification body does not attract staff or specialist who has provided consultations to the applicant or was connected with the subject of the contract about which the claim is made to prevent a conflict of interest in the composition of the claim commission during its review.
The employees and specialists who have provided advice to the applicant or have been employed by the applicant may not be assigned by the certification body to review the claim of the applicant for two years after the advice or employment to avoid the conflict of interest.
All information related to the claims and appeals will be treated confidentially and will only be used to resolve the relevant issues.
The discrimination against the applicant is prohibited during the claims and appeals receipt, investigation, and decision making process.
The claim is reviewed by the commission consisting of three internal employees of the certification body.
The board of the certification body shall establish the commission to review the claim within five working days after its receipt.
The appointed person reviews the claim on its merits and takes the necessary steps to verify the facts mentioned in the claim.
The commission makes a decision and officially notifies the Applicant about the result of the claim review process and the completion of the review after the review of the claim. The decision is recorded in the register of claims and appeals.
If the claim is recognized as justified, the board of the certification body or its appointed specialist identifies and determines the necessary corrective and improvement actions.
The claim is considered reviewed in substance if the planned corrective and preventive actions satisfy the applicant and a written response is sent to the applicant with materials confirming the implementation of the planned corrective measures.
The actions taken are noted in the certification body's claim and appeal register. The quality manager identifies and determines the necessary corrective and improvement actions.
Appeal review and decision making procedure
The head of the certification body evaluates the information received, its validity and compliance with the activities of the certification body upon receipt and registration of the appeal. If necessary, additional information is requested from the relevant contractor.
Submission of the appeal does not suspend or overrule the decision made against the applicant.
A meeting of the impervious committee is convened to review each appeal, which task is to make a decision on the appeal. The persons responsible for preparing materials for the appeal review are assigned by the order of the head of the certification body. The person responsible for preparing materials for the appeal review ensures the timely and complete collection of materials and information that shall be submitted to the impervious committee for the appeal review. Documents and data related to the case are reviewed during the collection of the materials for the appeal.
Representatives of the certification body that conducted the applicant's compliance assessment, as well as the representative of the applicant, may participate in the appeal hearing of the impervious committee.
The impervious committee reviews the appeal and makes a decision thereon within 15 working days from the date the appeal was submitted to the impervious committee. This period may be extended till the additionally requested information and documents are provided to the impervious committee.
The impervious committee observes the requirements of the standard EN ISO/IEC 17065 and other regulatory enactments and technical regulations that affect the scope of the appeal. The by-laws of the impervious committee are provided in document N-BSC.002.
The decision of the impervious committee is documented in the minutes of the meeting and signed by all members of the committee.
The entire appeal procedure is carefully tracked and documented, including the receipt of the appeal, its assessment, investigation, and made decisions.
If the appeal is considered justified, the head of the certification body or its assigned specialist shall identify and determine the necessary corrective and improvement actions.
The certification body shall prepare and send the decision on the appeal review to the applicant within 7 (seven) working days after the decision date of the impervious committee.
The appeal is considered reviewed if all issues mentioned therein have been reviewed, the necessary measures have been taken and the written response has been provided to the applicant.
If the applicant is not satisfied with the outcome of the appeal, he or she is entitled to appeal to a general court or in accordance with the procedure specified in the agreement concluded between the parties.