A company whose claims are subject to a DSSRC decision may appeal the decision of the DSSRC to the DSSRC Appellate Board. The DSSRC Appellate Board Chairman will then select a three-person panel to review the appropriateness of the DSSRC decision Panel shall consist of three individuals from an appeals board selected as described When possible, none of the individuals shall sell a product that specifically competes with the appellant.
One member shall be selected by the Direct Selling Association.
One member shall be selected by the CBBB.
One member shall be selected by mutual agreement of the Direct Selling Association and the CBBB.
To appeal a DSSRC decision, a company whose claims are subject to a DSSRC decision, shall, within 10 business days make a request for a referral to the Appeals Administrator and specify any issues for its appeal in the statement it prepares in response the DSSRC decision. A challenging company may request that the Administrator allow it to appeal a DSSRC decision but may not appeal a DSSRC decision by right. All company requests for an appeal shall be submitted together with a check made payable to the Council of Better Business Bureaus, in the amount of $5,000.
DSSRC shall send a copy of the decision being appealed and all relevant documents, including an explanation of the basis of the decision, to the Panel with copies to the appellant. Upon receipt of such information, the appellant shall have 15 calendar days to file a statement specifying its reasons for appeal and the desired outcome.
Once all information has been received, the Panel will complete its review and issue a written decision within 30 calendar days or as soon thereafter as practicable.
The Panel shall make its decision solely based on the record in the DSSRC decision. The Panel may hold an in-person or telephone hearing on notice to the DSSRC, the company and any challenger. A decision by the Panel shall be final and shall be promptly communicated both to the Appeals Administrator and the Appellant.
The DSSRC Executive Director shall have the discretion to waive or reduce the fee for any challenger who can demonstrate economic Should a proceeding be administratively closed before the Panel reaches a final for any reason other than consent of the parties, fifty percent of the filing fee will be refunded.