8 . D . HEARING CONCLUSION , DELIBERATIONS , AND RECOMMENDATIONS 8 . D . 1 . Basis of Hearing Panel Recommendation :
Consistent with the burden on the individual to demonstrate that they satisfy , on a continuing basis , all criteria for initial appointment , reappointment and clinical privileges , the hearing panel will recommend in favor of the MEC unless it finds that the individual who requested the hearing has proved , by clear and convincing evidence , that the recommendation that prompted the hearing was arbitrary , capricious , or not supported by substantial evidence .
8 . D . 2 . Deliberations and Recommendation of the Hearing Panel :
Within 20 days after final adjournment of the hearing ( which may be designated as the time the hearing panel receives the hearing transcript or any post-hearing statements , whichever is later ), the hearing panel will conduct its deliberations outside the presence of any other person except the presiding officer . The hearing panel will render a recommendation , accompanied by a report , which will contain a statement of the basis for its recommendation .
8 . D . 3 . Disposition of Hearing Panel Report :
The hearing panel will deliver its report to the CEO . The CEO will send a copy of the report to the individual who requested the hearing by special notice . The CEO will also provide a copy of the report to the Chief of Staff .
8 . E . APPEAL PROCEDURE 8 . E . 1 . Time for Appeal :
( a ) Within ten days after notice of the hearing panel ’ s recommendation , either party may request an appeal . The request will be in writing , delivered to the CEO in person or by certified mail , return receipt requested , and will include a statement of the reasons for appeal and the specific facts or circumstances which justify further review .
( b ) If an appeal is not requested within ten days , an appeal is deemed to be waived and the hearing panel ’ s report and recommendation will be forwarded to the Board for final action .
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