(1) Complaints must be typewritten and submitted
with a sufficient
number of copies to enable the Board
to provide one to
each respondent plus 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 complaint 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 compaint should not be
requested.
(2) Complaints 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,
together with information
advising the complainant
of the procedures by
which 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
complaint
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 reply is received from respondent
within fifteen
(15) days
from service of copy of the Ethics Complaint,
date, time,
and place of hearing will be set.
(5) All parties may be represented by 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 responsibility 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 the complainant,
respondent, or a Realtor® acting as counsel for
either the complainant or respondent.
(b) is an employer,
partner, or employee, or in any way
associated in business withthe complainant,
respondent, or a Realtor® acting as counsel for
either the 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 Ethics
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 ethics hearing may proceed in the absence of a
respondent.
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