UNSC/IEC TAGs General Procedures

1.1. These procedures for AAMI-Administered USNC/IEC Technical Advisory Groups (USNC/IEC TAGs) meet the requirements for due process and coordination in the development of U.S. positions for IEC activities as given in ANSI “Criteria for the Development and Coordination of U.S. Positions in the International Standardization Activities of the ISO and IEC.” (ANNEX B) AAMI administered USNC/IEC TAGs consists of a Technical Advisor (TA) and Secretary, the TAG members, and two cochairs (normally representing different stakeholder interest categories—See section 7). A Deputy TAG Advisor (DTA) may also be appointed to assist the TA for each TAG. A particular TAG is related to a particular IEC Technical Committee or Subcommittee (e.g. “USNC/IEC TAG to IEC/TC xx.”).

The UNSC/IEC TAGs administered by AAMI are those for the following:

• IEC/TC 62, Electrical equipment in medical practice;
• IEC/SC 62A, Common aspects of electrical equipment used in medical practice; and
• IEC/SC 62D, Electromedical equipment.

1.2 The creation of new TAGs is addressed in Section D of the USNC’s Rules of Procedure2 for TAG operation) Under these Rules of Procedure, a TAG can be created for Technical Committees (TCs) or Subcommittees (SCs), depending on the levels of interest of materially affected U.S. parties.

Subgroups of USNC/IEC TAGs or separate USNC/IEC TAGs may be formed to relate to Subcommittees of an IEC Technical Committee. Where the USNC/IEC TAG to an IEC Subcommittee is not independently recognized, the degree of independent authority to take actions shall be defined in writing (as part of the TAG procedures, or as a policy or agreement) and shall be approved by the parent USNC/IEC TAG, and a copy provided to the USNC TMC. In certain circumstances, the USNC TMC may authorize the establishment of TAGs for Working Groups (WGs), Maintenance Teams (MTs), or Project Teams (PTs). In these cases, the relationship between these TAGs and the parent TC or SC TAG must be clearly documented.

There are several responsibilities that may be shared among the TA, the DTA, and the TAG Secretary. They shall have an agreement on who has the primary responsibility for each. Examples of shared responsibilities are indicated in clauses 2.2c and 7.4.

1.3 The official language of AAMI-administered USNC TAGs is English

1.4 From time to time, U.S.-domiciled Standards Developing Organizations (SDOs) may enter into various types of agreements with IEC, such as Category D Liaisons and Dual Logo or Joint Development Agreements. In such cases, the SDO is encouraged to advise the related USNC TAG in advance of its intent to submit a standard for consideration as an IEC Standard. In such instances, it is expected that the USNC TAG will raise any concerns related to the proposed IEC standard during its development cycle so that, if the standard is subsequently balloted for approval at the IEC level, the U.S. position will be to support its approval. For this reason, it is also strongly encouraged that the U.S.-based participants in the SDO actively participate as voting members of the related TAG.

²Statutes and Rules of Procedures of the USNC/IEC Approved by USNC 29 July 2005 and by ANSI Board of Directors, 8 December 2005.

Continue to Part 2 – Definitions

There shall be at least one, but preferably two cochairs for the TAG (who may serve as the TA or DTA) and other Officers if required, appointed by the TA from the individual members of the TAG for three year terms, subject to approval by a majority vote of the TAG. When there are two cochairs, they should represent two distinct interest catagories (as defined in Section 4.5 of AAMI’s accredited Standards Program Policies and Procedures).

Continue to Part 8 – Membership

Membership

Membership shall be open to all U.S. national interested parties who indicate that they are directly and materially affected by the activity of the USNC TAG, after being informed concerning the USNC TAG’s working procedures and scope of activities. Only U.S. National Interested Parties shall have voting membership on USNC TAGs.

There shall be no undue financial barriers to participation. The USNC assesses a USNC TAG Individual Participation Fee which is collected annually by the USNC Office. Some categories of membership are exempt from this fee, e.g. Resource Experts, USNC Honorary Life Members, Consumer Advocates, etc. In addition, AAMI may charge a fee to recover administrative expenses, but in all cases procedures for requesting a waiver of the fees shall be available. Participation shall not be conditional upon membership in any organization, or unreasonably restricted on the basis of technical qualifications or other such requirements. See Section 12 for appeal of USNC TAG Administrator imposed participation fees.

Any interested U.S. National Interested Party who is subject to an AAMI fee for participation may request a fee waiver or reduction of that fee as an undue financial burden by submission of a written petition to the TAG Administrator (AAMI) through the TAG Secretary.

If a request for a fee waiver or reduction as an undue financial burden is denied and the matter cannot be resolved by negotiation between the requestor and the TAG Administrator (AAMI), the denial may be appealable under section 12 of these procedures.

7.1 Maintenance of Rosters

The USNC Office shall be the office of record for USNC TAG membership rosters. An individual becomes a USNC TAG member only upon completion of the requirements below, payment of any fees, and upon addition to the USNC Roster.

7.2 Application

A request for membership shall be addressed to the TA or USNC TAG Secretary, and shall indicate:

a) name and complete contact information of member applicant (See ANNEX E for an example of one that may be used by a USNC TAG)

b) a Curriculum Vitae highlighting the applicant’s technical qualifications, along with information detailing a direct and material interest in the USNC TAG’s work

c) the applicant’s willingness to participate actively (See Section 7.14 – Membership Obligations)

d) the applicant’s interest category (See Annex B4.2)

e) whether the applicant is a representative of an organization, company, or government agency

Note: Applicants are expected to understand and abide by the ANSI conflict of interest policy

7.3 Recommendation

The TA/USNC TAG Secretary shall consider:

a) the appropriateness of the involvement of each interest in the work of the USNC TAG

b) the potential for dominance by a single interest

a) the extent of interest expressed by the applicant, and the applicant’s willingness to participate actively

The TA/USNC TAG Secretary may consider reasonable limits on USNC TAG size.

7.4 New Members

The USNC TAG shall vote on the acceptance of new members based upon the information from sections 7.1 and 7.2.

7.5 Diverse Interests

The policy of “One Organization, One Vote” applies. If, however, representatives from distinct entities of an organization can demonstrate independent interests and authority to make independent decisions in the area of the activity of the USNC TAG, each may apply for membership.

7.6 Combined Interests

When appropriate, the TA/USNC TAG Secretary may recommend that the applicant seek representation through an organization that is already represented by a member who represents the same or similar interests.

7.7 Resource Expert

Each AAMI-administered TAG shall be allowed to designate, each year, one individual as a “RESOURCE EXPERT” (RE) for the USNC TAG. If a USNC TAG wishes to nominate an additional RE, justification must be submitted to the USNC Office. The RE should be an individual whose knowledge and expertise are deemed vital for the USNC TAG’s work and is unable to obtain the needed funding for USNC TAG membership from their employer or other sources. This RE shall be exempt from paying applicable annual USNC TAG

Participation Fee. The USNC TAG RE shall be nominated by the TA, elected by vote of the USNC TAG, and confirmed by the USNC Office for a period of one year. The RE shall count towards the minimum number of USNC TAG participants required to establish a viable USNC TAG.

7.8 U.S. Conveners and Experts

U.S. Conveners and Experts shall be members of their respective USNC TAGs. Such individuals are expected to conduct themselves in a professional manner. An AAMI TAG member wishing to be appointed by the U.S. as an expert to a particular MT/PT/WG shall submit a request to the TA or AAMI TAG Secretary accompanied by:

a) A Curriculum Vitae (CV) highlighting experience in the specific technical area

b) A letter from the applicant’s employer confirming support for the participation

The AAMI TAG Secretary shall circulate a ballot to the USNC TAG along with a copy of the CV to confirm support for the U.S. appointment. The ballot should highlight the following areas for consideration by USNC TAG members:

a) Experts should have significant experience in the subject, as technical expertise in the subject of the Maintenance Team, Project Team, or Working Group is critical

b) Experts should be involved in national standardization for the subject

c) Experts should represent personal knowledge, not company or national position

d) Experts should have strong communication skills

e) Experts should be able to travel and participate in meetings

f) Experts are expected to actively participate in the development of U.S. comments

g) Multiple experts from the same company division, product line, or service line should be avoided except when transitioning from one expert to another, such as due to an impending retirement

h) Balance between interest groups such as those shown below is desirable, but may not be practical:

i. Producer – Individuals who are involved in the production, manufacture, or distribution of the type of product or system that is included in the Scope of the standard(s) under the purview of the MT/PT/WG. This includes individuals involved in the design, engineering support, manufacturing, testing, and/or marketing of the type of product or system; or who are employed by or represent a producer, manufacturer, or distribution of the type of product or system.

ii. User – Individuals who are involved in using the type of product or system that is included in the Scope of the standard(s) under the purview of the MT/PT/WG, but who are not involved with the production, manufacture or distribution of that type of product or system.

iii. Testing / Certification – Individuals who represent organizations that provide testing, assessment and/or certification of the type of product or system that is included in the Scope of the standard(s) under the purview of the MT/PT/WG.

iv. Regulatory / Inspection – Individuals who represent governmental entities having regulatory or inspection interest in or influence over the type of product or system that is included in the Scope of the standard(s) under the purview of the MT/PT/WG.

v. Special Expert – Individuals who have expertise in an aspect of the type of product or system that are not covered by another interest group.

After a positive vote of the USNC TAG, the USNC TAG Secretary will notify the USNC Office of the proposed appointment using the designated USNC Expert Appointment form. The USNC Office will then confirm USNC TAG membership or invoice the proposed expert the USNC TAG Individual Participation Fee. Upon receipt of payment, the official appointment will be made in the IEC Expert Management System. Note that a fee may not be assessed to some participants: e.g. Resource Experts, USNC Honorary Life Members, USNC Premier Member companies, or Consumer Advocates.

7.9 Appointed Delegates to TC/SC Meetings

All U.S. delegates to TC/SC meetings shall be members of the USNC TAG. Such delegates are expected to conduct themselves in a professional manner. Observers to TC/SC meetings need not be members of the USNC TAG but shall be approved by the USNC TAG.

7.10 Consumer Advocate

Annually, each USNC TAG can nominate one Consumer Advocate to the USNC Office and, with the endorsement of the USNC TMC in accordance with the related Waiver Procedure, the annual USNC TAG Individual Participation Fee can be waived. An authorized Consumer Advocate shall count towards the minimum number of USNC TAG participants required to establish a viable USNC TAG.

7.11 Liaison Participants

USNC TAGs may designate Liaison participants from other bodies with which ongoing contact is desired. These contacts are exempt from the USNC TAG Individual Participation Fee and do not vote. They include the following:

a) desired contacts for all Full IEC Members of FINCA (Forum of the IEC National Committees of the Americas), subject to the authorization of the related USNC TAG(s)

b) entities with which the USNC TAG desires to maintain technical liaison

c) leadership for USNC TAGs for SCs participating in the USNC TAG for the parent TC, and the Leadership for the USNC TAG of the TC participating in the USNC TAGs for the SCs. This reciprocal relationship is highly recommended.

7.12 Ex- Officio Participants

USNC TAGs may include Ex-Officio participants by virtue of their office. These contacts are exempt from the USNC TAG Individual Participation Fee and do not vote. They include the following:

a) U.S. Chair or Vice Chair of related IEC TCs/SCs

b) U.S. Secretaries or Assistant Secretaries of related IEC TCs/SCs

7.13 Observers

Individuals and representatives of organizations having an interest in the USNC TAG’s work may request listing as Observers. The request for Observer status should be submitted in writing to the USNC TAG Secretary. Observers shall be advised of the USNC TAG activities, shall have access to new USNC TAG documents made available during the period of Observer status, and may attend meetings, but shall not vote. They are subject to the USNC TAG Individual Participation Fee.

7.14 Representation of Interests

All directly and materially affected U.S. national interested parties shall have the opportunity for fair and equitable participation without dominance by any single interest.

Dominance means a position or exercise of dominant authority, leadership, or influence by reason of superior leverage, strength, or representation. The requirement implicit in the phrase “without dominance by any single interest” normally will be satisfied if a reasonable balance among interests can be achieved.

Unless it is claimed by a directly and materially affected person that a single interest dominated the standards activity, to the exclusion of fair and equitable consideration of other viewpoints, no test for dominance is required.

7.15 Membership Roster

The TA or USNC TAG Secretary shall maintain a roster of USNC TAG participants:

The roster shall include the following:

a) title and designation of the USNC TAG

b) Technical Advisor(s)

c) Deputy Technical Advisor(s) (same as for TA)

d) USNC TAG Administrator/Secretary

e) Other USNC TAG Officers (if applicable)

f) Voting Members, including USNC Honorary Life Members, Resource Experts and Consumer Advocates and each individual’s designated category

g) U.S. Conveners and Experts

h) Non-Voting Participants including:

• USNC TAG-appointed Liaisons

• Observers

The TA or USNC TAG Secretary shall submit updates to the USNC Office (USNC@ansi.org) when changes occur. The roster shall include the affiliation, mailing, phone, and email information of each participant.

7.16 Membership Obligations

Members are expected to participate actively by fulfilling attendance, voting, correspondence, paying dues and any other obligations. Members are expected to conduct themselves in a professional manner.

7.17 Review of Membership

The TA/USNC TAG Secretary shall review the membership list annually with respect to the criteria in 7.1-7.16. Members are expected to participate actively by fulfilling attendance, voting, correspondence, and other obligations. Where a member is found in default of these obligations, the TA/USNC TAG Secretary shall direct the matter to the USNC TAG for appropriate action, which may include termination of membership or revocation of appointment as a USNC Expert. The USNC Office and USNC TAG Secretary shall coordinate the reconciliation of USNC TAG rosters on an annual basis.

9.1 Meetings of the TAG and meetings of the USNC delegates to international meetings should be scheduled to respond to international activities. TAG meetings shall be held, as determined by the Chairman/TA or TAG Secretary or by petition of a majority of the members. TAG meetings can be either Face-to-Face (In-Person), via electronic format (i.e. interactive web conferencing or audio conferencing), or a combination of the two.

9.2 A TAG may, from time to time, invite guests to attend TAG meetings or conferencing calls. In general, guests that may be invited are individuals with particular expertise who can provide information in order to help the TAG develop the U.S. position on a particular issue. If a guest has a more permanent interest in the work of the TAG, they should be invited to consider Voting Membership or Observer status.

9.3 Members shall not make verbatim recordings by any means (including, but not limited to, audible or written recordings) unless first authorized by unanimous approval of the meeting’s attendees. If authorization is granted, the TAG Secretary will notify TAG members attending the meeting or conference call of that authorization prior to the recording of the meeting or conference. Furthermore, if authorization is granted, the recording shall be made available to the TAG by the person(s) making the recording.

9.4 The quorum for an AAMI-administered USNC-TAG shall consist of those members present at a meeting, either in person or via telephone. For the purpose of voting on IEC documents, the quorum shall consist of those persons responding formally to a request for a voting recommendation. The voting requirements shall be in accordance with clauses 10.5 and 10.6 of these Operating Procedures.

9.5 TAG members are responsible to fund their own participation at TAG meetings. The TAG Administrator is not required to fund any participation costs.

9.6 Meetings of the TAG shall be open to all members. At least four weeks’ notice of regularly scheduled meetings shall be given by the TA or TAG Secretary, which may be publicly announced in ANSI’s Standards Action publication, the AAMI Standards Monitor, AAMI’s Committee Central website, or in other media designed to reach directly and materially affected interests. The notice shall describe the purpose of the meeting and shall identify a readily available source for further information. An agenda shall be available and shall be distributed in advance of the meeting to members and to others expressing interest.

Continue to Part 10 – Voting

The Default Voting Procedure described in Annex A may be used for TAG ballots. When a TAG uses this Procedure, Clause 9.6 d does not apply. (See ANNEX A)

10.1 TAG Member Voting

Each member may vote one of the following positions.

10.1.1 IEC Ballot Document Voting

Within the TAG, when voting on an IEC document, the TAG member is indicating how the TAG should vote and must select one of the following options:

a) Affirmative – Comments optional

b) Negative – Comments mandatory (In all but administrative matters, the reasons for a negative vote shall be given, should be technical in nature, and should include wording or actions that would resolve the objection.)

c) Abstain – Comments optional

d) No Position taken on the document – Comments optional

Note 1: A No Position vote means that there is no support by the TAG member for any of the other options. No Position votes are not included in the final voting tally, but are considered to meet the obligation of a TAG member to provide an input on the document. This position means that the voter does not wish to be included in the establishment of a consensus for a particular ballot. This is different from the case where the voter wants the USNC to abstain, in which case an abstain vote is to be cast.

This distinction can be important depending on the definition of a TAG quorum as No Position votes may be used to determine whether a quorum is reached depending on the individual TAG quorum procedures. In any case, No Position votes are not used when determining the final U.S. Position on a document.

Note 2: Abstain, in the context of the IEC/ISO voting process, indicates that the USNC has chosen not to participate in the decision process for the inquiry in question. The decision to submit a vote of “ABSTAIN” can arise from a variety of circumstances, including the following:

1. Inability of the TAG to achieve consensus on a compromise position by any means possible within the time constraints of the IEC process

2. Decision by the TAG to neither support nor oppose a particular IEC proposal based on political considerations

3. TA/TAG/TAG Secretary did not submit a vote on time

4. Insufficient TAG members respond to meet quorum requirements (TAG procedures specifies submitting “ABSTAIN” in that case)

The TAG is advised to consider, when attempting to reach consensus, that the international community may interpret a vote to “ABSTAIN” as follows:

1. The USNC does not have a stake in the IEC proposal under consideration;

2. The USNC does not wish to take a position because of certain considerations;

3. The USNC did not make the effort to submit a position; or

4. The USNC could not reach a conclusion.

Note 3: See Annex B.6 for an explanation of the criteria suggested for determining whether to vote “AFFIRMATIVE,” “NEGATIVE,” or “ABSTAIN.”

10.1.2 TAG Procedural Voting

When voting on internal TAG procedural matters, the TAG member is indicating a preference on an issue and the following options shall be:

a) Approve

b) Disapprove with comments

c) No Position (See 10.1.1)

10.2 Vote of Alternate

An alternate’s vote is counted only if the principal representative fails to vote.

10.3 Voting Period

The voting period for letter ballots shall be established to allow for timely response to international time limits. An extension may be granted at the option of the TA, Chairman, or TAG Secretary when warranted (e.g. when the requirements for approval of disapproval specified by 10.5 or 10.6 are not achieved).

10.4 Authorization of Letter Ballots

A letter ballot may be authorized by:

a) majority vote of those voting members present at a TAG meeting

b) the Technical Advisor

c) the Chairman

d) the TAG Secretary

e) a petition of five members of the TAG or a majority of the TAG, whichever is less Note–“Letter ballots” are normally conducted via e-mail or AAMI’s online standards platform (AAMI Committee Central).

10.5 Actions Requiring Approval by Majority

The following actions require a letter ballot or an equivalent formal recorded vote with approval by a majority of the TAG voting members, excluding No Position votes:

a) Approval of officers appointed by the TA/TAG Secretary or nominated by members of the TAG

b) Recommendation for TA nomination

c) Formation of a subgroup, including its procedures, scope, and duties

d) Disbandment of a subgroup

e) Other actions of the TAG not specified elsewhere

10.6 Actions Requiring Approval by Two-Thirds of Those Voting

The following actions must be approved by at least two-thirds of those voting by letter ballot, excluding No Positions votes or, if at a meeting, by two-thirds of those present, excluding No Positions votes, provided a quorum exists. If a quorum does not exist, the vote shall be confirmed by letter ballot:

a) Adoption of TAG procedures, categories of interests, or revisions thereof

b) Approval of recommendation to change the TAG scope

c) Approval of recommendation of appointment of a USNC TAG Administrator

d) Approval of U.S. position on technical matters brought before the USNC TAG (i.e., DC, NP, CD, CDV, FDIS)

e) Approval of recommendation to terminate the TAG

10.7 Consideration on Views and Objections to Ballots

The TA, in cooperation with Chair and Secretary of the TAG, shall determine whether the expressed views and objections shall be considered by telephone, correspondence, or at a meeting.

Prompt consideration shall be given to the expressed views and objections of all participants, including those commenting on a Final Draft International Standard (FDIS) listed in ANSI’s Standards Action publication. A concerted effort to resolve all expressed objections shall be made and each objector shall be advised of the disposition of the objection and the reasons therefore.

Comments, including objections or differing views, shall be reported to the TAG members to afford all members an opportunity, with appropriate time limits, to object to the submittal of comments to the USNC Office. When voting quorum or consensus on ballots requiring a vote is not present, TAG members shall be notified and given the opportunity to reaffirm or change their position on the vote.

If a consensus position cannot be determined for some differing views, neither view shall be presented.

If the differing view is with regard to voting yes or no, an abstention shall be submitted.

10.8 Report of Final Result

The final result of the voting shall be reported to the TAG.

10.9 Submittal of USNC Positions

USNC positions shall be processed as follows:

10.9.1 Responsibility for Submission

Upon completion of the procedures for voting, consideration of views and objections, and appeals, the U.S. position shall be submitted to the USNC General Secretary’s Office by the TA, DTA, or TAG Secretary in electronic format and utilizing the required ISO/IEC/CEN/CENELEC electronic balloting commenting template (Latest Version) for comments.The TA, DTA, and TAG Secretary shall come to an agreement on who has the primary responsibility for submitting recommended ballot responses to the USNC Office. They shall cross check each other to ensure timely submittal of responses to the USNC General Secretary.

Some back-up mechanism among the TAG Officers must be identified in the event of unusual circumstances for filing ballots that are required to maintain “P” members status for the USNC. If a TAG’s recommended vote/comments are not received by the USNC Office by the required deadline, typically two weeks before the IEC deadline, a “STAFF ABSTENTION” will be submitted and those involved will be so notified. The USNC Office, representing the U.S. IEC member body, is responsible for providing all official U.S. positions to IEC.

10.9.2 Information to be Submitted

By the designated deadline, normally two weeks prior to the announced IEC deadline, each TA or TAG Secretary shall transmit to the General Secretary of the USNC:

a) title and designation of the document

b) recommended votes and/or comments, proposals, documents, or other informational material suggesting the course of action to be followed on matters before the international committee

c) status of any appeal action related to approval of the proposed U.S. position

d) identification of all unresolved views and objectives, names of the objector(s), and a report of attempts toward resolution The TA or TAG Secretary shall ensure transmittal of the recommendations, positions, and related reasons to the members of the TAG.

The USNC General Secretary shall transmit to the IEC Central Office or TC/SC Secretary votes, comments, proposals, or informational material for consideration by the international Technical Committees or Subcommittees.

Note: When a national standard is recommended as a New Work Item Proposal, the authorization of the standard’s originating organization must be obtained prior to submittal.

Continue to Part 11 – Termination of TAG

Failure to meet the requirements of Clause 4.1 – Criteria for Viability is reason for termination of the TAG (by the TMC).

Any directly and materially affected interest may propose to terminate a TAG. The proposal shall be submitted in writing to the USNC General Secretary and to the TA and TAG Secretary and shall include the reasons why the TAG should be terminated. The TAG shall take action in accordance with 9.6. Based on the results of the vote and concurrence of the TMC, the USNC General Secretary shall take action promptly to change the USNC’s TC/SC registration accordingly.

In the event that the U.S. holds the secretariat for an IEC TC or SC for which the TAG is considering termination, the organization serving as Administrative Secretariat shall be informed promptly and shall submit their position regarding termination of the TAG to the USNC General Secretary.

As a result of action taken in accordance with 10.6, should termination of the TAG be approved, notification of such action shall be announced in ANSI’s Standards Action publication. The announcement shall note that dissolution of the TAG will result in the U.S. relinquishing its participating (“P”) status in the international activity. Also, if the U.S. serves as international Secretariat, the announcement shall state that the U.S. will resign this position. The appropriate notification(s) shall be sent to the IEC Central Office regarding the change in status, and the relinquishment of the Secretariat, if applicable.

Continue to Part 12 – Communications

Directly and materially affected U.S. National Interested Parties who believe they have been or will be adversely affected by a substantive procedural action or inaction of the USNC TAG or its Secretary shall have the right to appeal.

12.1 Complaint

The appellant shall file a written complaint with the USNC TAG Secretary, copying the TA, within thirty days after the date of action or at any time with respect to omissions. The complaint shall state the nature of the objections(s) including any adverse effects, the section(s) of these procedures of the specific actions or omissions that are at issue, and the specific remedial action(s) that would satisfy the appellant’s concerns. Previous efforts to resolve the objection(s) and the outcome of each shall be noted.

12.2 Response

Within thirty days after receipt of the complaint, the USNC TAG Secretary shall reply in writing to the appellant, specifically addressing each allegation of fact in the complaint to the extent of the respondent’s knowledge.

12.3 Hearing

If the appellant is not satisfied with the response of the USNC TAG Secretary, they shall so inform the TA/USNC TAG Administrator within 10 working days. The TA/USNC TAG Secretary shall schedule a hearing with an Appeals Panel on a date agreeable to all participants, giving at least ten working days’ notice.

12.4 Appeals Panel

The Appeals Panel shall be appointed by the TA or the USNC TAG Secretary, and shall consist of three individuals who have not been directly involved in the matter in dispute, and who will not be materially or directly affected by any decision made or to be made in the dispute. At least two members shall be acceptable to the appellant and at least two shall be acceptable to the respondent.

12.5 Conduct of the Hearing

The appellant has the burden of demonstrating adverse effects, improper actions, or omissions and the efficacy of the requested remedial action. The respondent has the burden of demonstrating that the USNC TAG, the TA, and the USNC TAG Secretary took all actions in compliance with these procedures and that the requested remedial action would be ineffective or detrimental. Each party may adduce other pertinent arguments, and members of the Appeals Panel may address questions to individuals. Robert’s Rules of Order Newly Revised shall apply to questions of parliamentary procedure not covered herein for the hearing.

12.6 Decision

The Appeals Panel shall render its decision in writing within thirty days, stating findings of fact and conclusions, with related reasons, based on a preponderance of the evidence. Consideration may be given to the following positions, among others, in formulating the decision:

a) Finding for the appellant and remanding the action to the TA, USNC TAG, or the USNC TAG Secretary with a specific statement of the issues and facts in regard to which fair and equitable action was not taken

b) Finding for the respondent with a specific statement of the facts that demonstrate fair and equitable treatment of the appellant and the appellant’s objections

c) Finding that new, substantive evidence has been introduced and remanding the entire action to the TA, USNC TAG or the USNC TAG Secretary for appropriate reconsideration

12.7 Further Appeal

If the appellant gives notice that further appeal to the USNC TMC in intended, a full record of the complaint, response, hearing, and decision shall be submitted by the TA or USNC TAG Secretary to the USNC Office. The ruling of the USNC TMC may be appealed to the USNC Council. USNC Council is to review and provide a decision on the appeal. Subsequent to the USNC Council ruling, a final appeal is possible, if appropriate, to the standing ANSI Appeals Board.

12.8 Informal Settlement

The USNC encourages settlement of disputes at any time if the settlement is consistent with the objectives of the USNC Procedures. Any settlement to which the parties agree in writing that is consistent with these procedures, or an agreement to withdraw the appeal, will terminate the appeal process.

12.9 Appeal of USNC TAG Administrator Imposed Fees

a. In the case of the failure of a USNC TAG to resolve an issue regarding USNC TAG Administrator imposed fees, an appeal of the USNC TAG decision to the TMC is the initial step in the appeals process (affected existing or prospective TAG members submits appeal).

1. USNC Office requests that the USNC TAG Administrator submit to the USNC Office a written response to the allegations included in the complaint along with evidence of attempted resolution. The response should include an explanation, supported by relevant documentary evidence, of why the fees at issue do not constitute an undue financial barrier to participation, and if a fee waiver or reduction was requested, a brief explanation of how it was considered and the reason for its denial. A TMC appeal Ad Hoc, consisting of not less than 3 nor more than 5 TMC members, is established by the TMC to review the complaint and response. Membership may not include individuals who are part of the appellant, the affected USNC TAG or the affected USNC TAG Administrator staff.

2. Within 1 month of the appeal submittal, the TMC Appeal Ad Hoc provides a proposed decision to the TMC for ratification.

b. If the resulting decision of the TMC is appealed, then the USNC Council is the next to review the issue. i. A USNC Council Appeal Ad Hoc, consisting of not less than 3 nor more than 5 Council members, is established to review the TMC decision and the fee justification documentation. Membership may not include individuals who are part of the appellant, the affected USNC TAG, or the affected USNC TAG Administrator staff.

ii. Within 1 month of the request for Council appeal review, the USNC Council Appeal Ad Hoc provides a proposed decision to the USNC Council for ratification.

c. If the decision of the USNC Council is appealed, the ANSI Appeals Board is next and last to review the issue.

Approved by USNC Council e-Ballot 43 on 23 September 2011

General

IEC Standards and related working documents, such as technical publications, guides, advisory committee documents, working drafts, committee drafts, and final drafts (hereinafter “Working Documents”) are protected by IEC copyright. Under circumstances described in this policy, IEC Standards and Working Documents may be provided to authorized TAG Members and certain third parties free of charge for use in standards development activities. Such documents remain copyright protected, however, and continue to be subject to certain other copying and redistribution limitations.

Copies of IEC Standards and Working Documents for Use by TAG Members

IEC Standards and/or Working Documents provided under this policy shall be used by the USNC, its members, the members of the USNC TAG, TAs, Deputy TAs, USNC Experts, TAG Secretary, and others specifically identified by the TAG Secretary (“Authorized TAG Members”) exclusively in the formation of USNC positions on the development, national implementation, or maintenance of IEC Standards.

Authorized TAG Members needing free copies of IEC Standards or Working Documents should obtain permission from the TAG Secretary for the subject USNC TAG.

A TAG Secretary may grant a request by Authorized TAG Members for free copies of IEC Standards or Working Documents in circumstances where such Authorized TAG Member has demonstrated a direct need for such documents in connection with the standards development, implementation, or maintenance activities of a USNC TAG. In making that determination the TAG Secretary may consult with the Technical Advisor (TA) or the Office of the UNSC General Secretary.

Authorized TAG Members who have been provided free copies of IEC Standards or Working Documents under this policy shall take reasonable steps to ensure that such documents are not further disseminated outside of the USNC TAG and shall neither post the documents on public servers nor make them available to groups of non-TAG members.

Authorized TAG Members who have been provided free copies of IEC Standards or Working Documents may share such documents with individuals within their companies for the purposes of defining company positions and representations to other TAG members.

Subject to the provisions of this policy, free copies of IEC Standards or Working Documents furnished to Authorized TAG Members may be provided in an editable format which may be copied and modified by the Authorized TAG Member as needed.

Copies of IEC Standards and Working Documents for Use by Certain Third Parties outside the TAG

On a limited-exception basis, and within the sole discretion of the TAG Secretary, particular IEC Standards or Working Documents may be shared with parties outside the TAG if such disclosure is required to ensure that the necessary expertise (representing broad U.S. interests) will be used in formulating decisions necessary to the standards development, implementation, or maintenance activities of a USNC TAG. If TAG Secretary determines that such disclosure is necessary, he/she shall provide a single copy of the relevant document to such third party who shall have no rights to further copy or distribute such document.

Watermarking of All Documents Made Available to Authorized TAG Members or Third Parties

Whether made available in electronic or hard-copy format, all documents made available under this policy shall either be “watermarked” with the appropriate copyright statement in accordance with Attachment “A” or be accompanied by a cover page that includes the appropriate copyright statement. In either case, a typical “copyright” notice shall be placed in the document.

Announcements

These policies are to be announced broadly to the USNC’s constituency and will be included in the USNC’s Statutes and Rules of Procedure and the Model USNC TAG Operating Procedures.

ATTACHMENT A (TO ANNEX D)

REQUIRED STATEMENT FOR INCLUSION ON IEC STANDARDS OR WORKING DOCUMENTS PROVIDED FREE OF CHARGE FOR USE IN USNC TAG STANDARDS DEVELOPMENT ACTIVITIES

“All IEC Standards and Working Documents are copyrighted by the IEC. This copy, without regard to its form or media, whether a complete copy of an IEC Standard or Working Document or extracted portions from an IEC Standard or Working Document, retains all IEC copyrights. The conveyance of this copy does not affect IEC copyrights or transfer any copyrights. This copy is for the exclusive use by the recipient only in the development of USNC position(s) on the development, evaluation, use, or maintenance (including adoption by U.S. Standards Developing Organizations (SDOs)) of this or other IEC publications. No other use is authorized. No further copying, distribution, or use of this document is authorized. Possession by others is not authorized. This document may not be used for commercial purposes.”

ANNEX E

EXAMPLE, USNC TAG MEMBER APPLICATION

Name: ______________________________________________________________________________

Title: _______________________________________________________________________________

Organization: ________________________________________________________________________

Address: ____________________________________________________________________________

___________________________________________________________________________________

Telephone: __________________________________________________________________________

Email: ______________________________________________________________________________

USNC TAG(s): ________________________________________________________________________

Interest Category:

• Producer – Individuals who are involved in the production, manufacture, or distribution of the type of product or system under the scope of the USNC TAG. This includes individuals involved in the design, engineering support, manufacturing, testing, and/or marketing of the type of product or system; or who are employed by or represent a producer, manufacturer, or distribution of the type of product or system.

• User – Individuals who are involved in using the type of product or system that is the topic of the USNC TAG, but who are not involved with the production, manufacture or distribution of that type of product or system.

• Testing / Certification – Individuals who represent organizations that provide testing, assessment and/or certification of the type of product or system that is the topic of the USNC TAG.

• Regulatory / Inspection – Individuals who represent governmental entities having regulatory or inspection interest in or influence over the type of product or system that is the topic of the USNC TAG.

• Special Expert – Individuals who have expertise in an aspect of the type of product or system that are not covered by another interest group. 

  Signed: _____________________________________________________________________________

  Date: _______________________________________

  Attach Curriculum Vitae for circulation with USNC TAG membership ballot.