Medical Staff Bylaws - Arkansas Children's Hospital

its action or recommendation. This response must clearly detail all reasons that, from the affectedApplicant's or Practitioner's point of view, each finding or ground of the MSEC and the action orrecommendation itself, is in error.10.4 Waiver10.4.1 Failure to Request Hearing. Failure of an Applicant or Practitioner to request a hearingwithin the time and in the manner specified in Section 10.3 above shall be deemed to be a waiver ofhis/her right to any hearing or appellate review to which he/she might otherwise have been entitled.10.4.2 Incomplete Request. In the event the affected Applicant's or Practitioner's request isincomplete, the Chief Executive Officer shall so notify him. Failure to furnish a complete request withinfive (5) business days after notice from the Chief Executive Officer shall be deemed to be a waiver ofthe Applicant's or Practitioner's right to any hearing or appellate review to which he otherwise may havebeen entitled, notwithstanding the earlier incomplete request.10.4.3 Effect of Waiver. Any waiver shall apply only to the matters which were the bases forthe adverse action triggering the Section 10.2 notice. Upon waiver, the adverse action taken against theApplicant or Practitioner shall remain in effect pending the Board of Directors's final action in thematter. The Board of Directors is not bound by the previous adverse action that the Applicant orPractitioner has accepted by virtue of his/her waiver, but may take any action, whether more or lesssevere, it deems warranted by the circumstances. The Chief Executive Officer shall promptly notify theaffected Applicant or Practitioner of his/her status and of the final action of the Board of Directors.10.5 Hearing Prerequisites10.5.1 Notice of Time and Place of Hearing. Within ten (10) business days after receipt of arequest for hearing from an Applicant or Practitioner entitled to the same, the Chief Executive Officershall schedule and arrange for a hearing and shall notify the Applicant or Practitioner of the time, placeand date of the hearing by written notice delivered either in person or by certified mail, return receiptrequested. Ordinarily, the hearing date shall not be less than thirty (30) business days from the date of thenotice of the hearing by the Chief Executive Officer; provided, however, that the Applicant orPractitioner may request an earlier hearing date and, in such case, the hearing shall be held as soon asarrangements therefore may reasonably be made.10.5.2 Statement of Issues. The notice of hearing shall contain a concise statement of the factualbases for the adverse action, a list by number of the specific or representative patient records in question,a list of witnesses (if any) expected to testify at the hearing and/or the other reasons or subject matterforming the basis for the adverse action or recommendation which is to be the subject of the hearing.10.5.3 Composition of Hearing Committee.A. A hearing occasioned by an adverse action or recommendation of the MSEC shall,subject to Section 10.5.4, be conducted by an Ad Hoc Hearing Committeecomprised of not less than three (3) members of the Active Staff appointed by theChief of Staff39