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Required
elements for ILDA accreditation and certification programs
All accreditation
and certification programs
developed by ILDA should address the elements listed below. These
elements apply to all ILDA programs, including:
In the following
discussion, we will use "certification" to stand for all three types of
ILDA programs, including accreditation. The term "entity" means a
product, individual, company or organization that applies for
certification.
Validity
Does the program measure
what it is supposed to measure?
The program should
accurately reflect the knowledge or features needed by the entity. For
accredited laser show producers, this means an entity demonstrates that
they have done shows, that they have references, that they have studied
laser safety, etc. For certified products, this would mean that the
pinouts, voltages, and other features of the product are necessary to
comply with ILDA and industry standards.
Reliability
Is the information given
by the entity accurate? If a test is given, is this test consistent and
precise in measuring the needed elements?
If a company states they
have done X number of shows, they need to be prepared to prove this.
Similarly, if a manufacturer states their product has Y voltage on pin
5, they also must prove this if required.
Autonomy
Certification programs
must not have undue influence from ILDA, or other groups or individuals.
Although the programs are set up and run by ILDA, decisions must be made
in the best interest of the programs. For example, unqualified entities
cannot exert pressure on the program, in order to become certified. This
is vital so that the public interest is served.
Authority
Certification decisions must
be free from external influences. They must be focused on matters
related to certification only.
There must be
Bylaws
changes and official policies giving the authority to develop
certification programs, and stating who makes the final decisions on the
programs.
Conform
to "best practices"
Ideally, ILDA's
certification programs are submitted to external bodies such as
ANSI
17024 or NOCA/NCCA for review. This may not be feasible. In such a case, ILDA's
programs should reasonably conform to applicable ANSI and/or NCCA standards.
Rigorousness
The certification
requirements must be reasonable for identifying qualified entities
(products, individuals, companies, organizations). The standards cannot
be so easy that most anyone can pass; they cannot be so difficult that
only a few entities pass.
Due
process
Programs must provide
genuine opportunities for unhappy or disgruntled applicants to appeal
decisions against them. Due process does not have to be like courtrooms
(e.g., with lawyers, rules of evidence, etc.). It must have "common law
fairness"
This means Substantive
fairness: Standards and criteria must be applied reasonably, with an
even hand. It also means Procedural fairness: Notice of actions or
requirements, an opportunity to be heard (in writing or orally), and a
fair and impartial decision-making process.
The first stage of appeal
can be done through the ILDA Ethics Committee. To avoid the appearance
that ILDA is controlling the process, any subsequent appeals must be
done through a special committee or system which reports to the
certification program. This way, the program and not ILDA has the final
word on appeals.
A detailed list of
requirements and appeal procedures, similar to that of the
Code of Ethics complaint procedure,
must be in place before the certification process becomes active.
Due
process resources and reminders
-
Stages of due process:
Candidate denied eligibility to try for certification - limited review.
Appeal of exam or certification results (scores). Appeal of any decision
to deny certification (reasons other than scores). Disciplinary process
to suspend or revoke certification, or deny re-certification.
-
Reasons for disciplinary
process must be related to the certification: Felony or crime of
moral turpitude in the profession; Gross negligence or professional
misconduct; Fraud or misrepresentation in the certification application,
test taking or similar submissions.
-
Disciplinary process:
Follow procedures. The ILDA Ethics Committee will review the initial
receipt of complaints, reject any unreliable, unsupported or frivolous
complaints. If actionable, give notice to certificant and the process
begins. This process must be fair, but does not need trial-type
processing with witnesses, formal rules of evidence, legal counsel, etc.
The Ethics Committee will investigate and will recommend disciplinary
action. If the certificant appeals this action, a separate committee
reviews and conducts any needed new investigations; this committee's
responsibility is to the certification program and not necessarily to
ILDA.
-
If an entity's
certification is revoked, you may publish: entity name, date of
revocation, brief reason for revocation.
Open to
non-ILDA Members
Any qualified entity can
apply for certification. The entity does not have to be an ILDA Member,
or be a product of an ILDA Member. This is important for anti-trust and
anti-competition considerations.
It is allowed to charge
non-Members more than Members, for the program. The difference in
charges should be reasonable given that ILDA has put extensive resources
into developing the program(s). The difference cannot be punitive.
Intellectual property
Consideration should be
given to copyrighting and/or trademarking the name of the certification
program as well as any logos used. Tests and websites may also be
copyrighted.
Note about
certification marks: The USPTO recognizes "certification marks" which
designate a person or product which is recognized as meeting specified
standards. This mark can only be used by the certificant (product,
individual, company), not by the certifying board (e.g., ILDA). The
board (ILDA) can license use of its trademarks, service marks and/or
acronym. Because the USPTO does not consider certification marks unique,
it is generally not recommended to register certification marks.
All volunteers working on
the certification program must sign a written document stating that they
transfer any copyright they might have in their work, to ILDA.
Insurance
Insurance is available
for certification programs. ILDA should investigate the cost and
coverage.
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