appeal and revised applications
If you do not agree with the Creative Industries Fund NL's decision you can submit a revised application or a letter of appeal. You will find information on both options below.
If you feel your application was not shown in its best light in a decision and you can provide new facts or circumstances relevant to your application, you have the option to submit a revised application. In this way, applications submitted earlier can be re-evaluated by the advisory committee − provided they are supplemented with new information. The application must be amended to such an extent that it can be considered as a new application, and at the very least be supplemented by a covering letter from the applicant. Please contact the Fund for more information about a possible revised application.
The Dutch General Administrative Law Act enables an interested party to appeal against the decision regarding the subsidy application. The General Administrative Law makes the appeals procedure compulsory as a preliminary stage before taking recourse to the administrative courts. The Fund has a permanent independent advisory committee for appeals, appointed by the Board.
The appeals committee evaluates the decision made by the Fund on formal and procedural grounds. To make it quite clear: the content of the application is not re-evaluated. The appeals procedure is elaborated in the Fund's General Subsidy Regulations. A number of elements from the procedure are discussed below. If you would like more information about the rules applicable to the appeals procedure, please contact the Fund. We will gladly help you.
Letter of appeal
An interested party may lodge a letter of appeal with the Board of the Fund. This will be forwarded to the appeals committee. The appeal should be submitted to the Board of the Fund no later than six weeks after the written decision.
There is an opportunity to provide further explanation about your objection during the hearing. The Fund sets a date for the hearing in consultation with the interested party and collects the relevant information for the hearing. The interested party may add documents to the dossier up until 10 days before the hearing. The interested party is invited at least three weeks in advance. The letter of invitation states which members make up the hearing committee.
If new facts come to light during the hearing, the Fund office can indicate that the decision about the appeal will take longer.
A report is made of the hearing by the secretary.
Tasks of the hearing committee
The hearing committee listens to the interested party and an employee of the Fund in each other's presence. The hearing committee gives the interested party the opportunity to explain the objection further and asks questions. A hearing lasts approximately 45 minutes. The hearing is concluded by enquiring whether all aspects of the objection have been covered and if the interested party would like to add anything.
After the hearing
The appeals committee sends the report of the hearing and the recommendation to the Board of the Fund. One of the aspects checked by the Board is whether the recommendation being made has been arrived at with due care. The Board of the Fund can consult with the advisory committee again if there is reason to do so, for instance if that has been advised.
On the basis of the recommendation and the report of the hearing, the Board reaches a decision about the objection and makes this decision known to the interested party in writing. The maximum period of time for this process is 12 weeks after the date the letter of appeal was sent. The report of the hearing and the recommendation are added as attachments. If you disagree with this decision, you can lodge an appeal with the administrative court of Rotterdam.
Advisory Committee for Appeals:
I.C. van der Vlies, chair
J.J.R. Lautenbach, vice-chair
secretary: Anselm van Sintfiet
deputy secretary: Sean Gilis
For more information about the appeals procedure, please contact Anselm van Sintfiet (secretary) or Sean Gilis.