1. Arbitration requests must be
typewritten and submitted
with a sufficient number
of copies to enable the Board to
provide one to each
respondent plus one copy for the
Board's records.
Any reply must be typewritten and
submitted with a
sufficient number of copies to enable the
Board to provide one to
each complainant plus one copy
for the Board's
records. Additional copies of the
arbitration request and
reply should be furnished by the
complainant and
respondent as requested by the
Secretary. If the
complainant is a member of the public,
extra copies of the
arbitration request should not be
requested.
2. Arbitration request will be referred
to the Board
Secretary (or Executive
Officer), and by the Secretary to
the Chairperson of the
Grievance Committee. If the
Grievance Committee
finds the matter to constitute a
proper cause of action,
it will be referred to the Board
Secretary to arrange a
hearing; if not found to constitute a
proper cause of action,
it will be returned to the
complainant with the
decision of the Grievance
Committee's decision may
be appealed to the Board of
Directors.
3. If there is to be a hearing,
respondent will have fifteen (15)
days after service of
copy of the arbitration request to
reply. Copy of the
reply will be sent to complainant, the
Board President, and the
Professional Standards
Committee
Chairperson. The date for hearing will be set
and all parties will be
notified of the date and place of
hearing at least
twenty-one (21) days in advance.
4. If no response is filed to the
arbitration request within the
time allotted, the
Grievance Committee shall make its
determination as to
whether an arbitration hearing should
be scheduled based upon
the information set forth in the
request.
Complainant, the Board President, and the
Professional Standards
Committee Chairperson will be
advised that no reply
has been filed.
5. All parties may be represented by
legal counsel, provided
that notice of intention
to be represented is transmitted to
all other parties and to
the Hearing Panel at least fifteen
(15) days prior to the
hearing. Failure to provide timely
notice may result in a
continuance of the hearing.
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6. It is the repsonsibility of
each party to arrange for his
witnesses to be
present at the hearing.
7. Either party may file with the
Secretary, within ten (10)
days from the date
the names of the members of the
Professional
Standards Committee are mailed to the
parties, a written
request for disqualification of any
potential member
of the Hearing Panel for any of the
following reasons:
(a) is
related by blood or marriage to either complainant
or respondent
(b) is an
employer, partner, or employee, or in any way
associated in business with either complainant or
respondent
(c) is a
party to the hearing, or a party or a witness in
another pending case involving complainant or
respondent
(d) knows
any reasons acceptable to the Hearing Panel
or tribunal which may prevent him from rendering
an impartial decision.
8. The notice of hearing will
contain names of members of
the tribunal who
will hear the case and should be
accompanied by an
"Outline of Procedure for Arbitration
Hearing."
9. The parties shall not discuss
the case with any member of
the Hearing Panel
or the Board of Directors at any time
prior to
announcement of a decision in the case.
10. No hearing will be held in the
absence of a complainant.
An
arbitration hearing may (depending on state law and
the option
selected by the Board) proceed in the absence
of the
respondent.
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