8 . E . 2 . Grounds for Appeal : The grounds for appeal will be limited to the following :
( a ) there was substantial failure by the hearing panel , or the presiding officer , to comply with this Manual or the Medical Staff Bylaws during the hearing , so as to deny a fair hearing ; or
( b ) the recommendations of the hearing panel were made arbitrarily or capriciously or were not supported by substantial evidence .
8 . E . 3 . Time , Place , and Notice :
Whenever an appeal is requested , the Board Chair will schedule and arrange for an appeal . The individual will be given special notice of the time , place , and date of the appeal . The appeal will be held as soon as arrangements can reasonably be made , taking into account the schedules of all the individuals involved .
8 . E . 4 . Nature of Appellate Review :
( a ) The Board may serve as the review panel or the Board Chair may appoint a review panel , composed of not less than three persons , either members of the Board or others , including but not limited to persons outside the Hospital .
( b ) Each party will have the right to present a written statement in support of their position on appeal . The party requesting the appeal will submit a statement first and the other party will then have ten days to respond .
( c ) The review panel may consider the record upon which the recommendation was made , including the hearing transcripts and exhibits , post-hearing statements , the findings and recommendations of the MEC and hearing panel , and any other information that it deems relevant .
( d ) In its sole discretion , the review panel may allow each party or their representative to appear personally and make oral argument not to exceed 30 minutes .
( e ) When requested by either party , the review panel may , in its discretion , accept additional oral or written evidence subject to the same rights of cross-examination provided at the hearing panel proceedings . Additional evidence will be accepted only if the review panel determines that the party seeking to admit it can demonstrate that it is new and relevant evidence that could not have been presented at the hearing or that any opportunity to admit it at the hearing was improperly denied .
( f ) The review panel will prepare a report recommending final action to the Board .
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