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(c)
"Directors" means
the board of directors of
the participating associations
or appropriate body appointed
by the board of directors
when considering professional
standards under these rules.
(d)
"Disciplinary Hearing"
refers to an ethics hearing
relating to disciplinary
matters.
(e)
"Tribunal" means
a grievance committee, a
disciplinary hearing Tribunal
or Tribunal comprised of
appointees representative
of the participating board(s)
of directors above when
considering professional
standards matters covered
in these rules.
(f)
"Party" means
the complainant or respondent
in a disciplinary proceeding
referred in these rules.
(g)
"Executive Officer"
means the chief staff Executive
of any participating associations
or his/her designee.
(h)
"Responsible Broker"
means the broker designated
in the records of the Department
of Real Estate to be responsible
for the conduct of individuals
affiliated with his or her
office(s), or office managers
acting on behalf of principals
of a real estate firm who
are authorized to bind the
principals in arbitration.
(i)
"Designated REALTOR®"
means the member designated
in Board records to be responsible
for the conduct of individuals
affiliated with the office(s)
and accountable to the Board
of REALTORS®
for all duties and obligations
of membership.
(j)
"Letter of Warning"
means a letter from the
participating association
president to a member advising
of a lack of professional
conduct or rules determined
by a "due process"
hearing by a hearing Tribunal
and warning that future
similar conduct could result
in further and additional
discipline as provided in
this Manual.
(k)
"Letter of Reprimand"
means a letter from the
participating president
to a Board member advising
of a lack of professional
conduct determined by a
"due process"
hearing by a hearing Tribunal,
and advising that the letter
is to be construed as an
official reprimand.
(1)
"Requirement for Ethics
Training" means a letter
from the association president
or professional standards
committee chairman to an
association member, advising
of a lack of professional
conduct determined by a
"due process"
hearing by a hearing Tribunal
and directing the person
to attend the applicable
ethics portion of the participating
association's indoctrination
course or other appropriate
ethics course, or seminar,
or other appropriate course
specified by the hearing
Tribunal.
(m)
"Appropriate and Reasonable
Fine" means a fine
commensurate with the gravity
of the determined violation
of the N.A.R. Code of Ethics
or any other membership
duty, not to exceed $2,500
per party, per hearing,
and payable to the Board.
(n)
"Probation" means
that the discipline recommended
by the hearing Tribunal
will be held in abeyance
for a designated period
of time not to exceed one
(1) year. Any subsequent
finding based on a violation
of the same Article(s) of
the Code of Ethics, membership
duty which occurs during
the probationary period
may, at the discretion of
the Boards of Directors,
result in the imposition
of the suspended discipline.
(o)
"Suspension of Membership"
means suspension of membership
rights and privileges and
denial of primary and secondary
services, on terms and conditions
expressly stated for a period
of time not less than thirty
(30) days and not more than
one (1) year, including,
but not limited to, use
of the terms REALTOR®
with reinstatement as a
member in good standing
automatically provided at
the end Commissioner. of
the specified period (see
also Section 39 of Part
One of this
Manual).
(p)
"Expulsion from Membership"
means expulsion from membership
in the Board for a period
of not less than one (1
),but not more than three
(3) years, with reinstatement
to membership only by application
as a new member after the
end of the period of expulsion,
with the application considered
on its merits.
(q)
"Filing Fees"
shall be approved by the
Boards of Directors of the
respective Associations
based upon a recommendation
of the Professional Standards
Executive Council.
(r) "Publishing
of Names" in Association
Publication. Per the N.A.R.
Guidelines the Association
may publish the names of
ethics violators, subject
to the qualifications specified
in these rules.
Section
2. Duties of Membership
Among the
duties of membership are
the following:
(a) To abide
by the Code of Ethics of
the NATIONAL ASSOCIATION
OF REALTORS®
(N.A.R.).
(b) To abide
by the bylaws of this association
and its rules and regulations
including the provisions
and procedures of this Manual.
(c) To submit
to arbitration all controversies
specified in Part Two of
this Manual by the procedure
there provided, and to abide
by the arbitration award.
Section
3. Power to Take Disciplinary
Action Against an Association
Member
After a
hearing as provided below,
the Board of Directors may
take disciplinary action
against any member.
- For
violation by the member
of any duty (5) of membership
including a violation
of the N.A.R. Code of
Ethics while a member
of any association who
is a party to the multi
association agreement.
- On
the member's being convicted,
adjudged, or otherwise
recorded as guilty by
a final judgment of
any court of competent
jurisdiction of 1) a
felony or 2) a crime
involving moral turpitude,
or 3) on a member's
being determined by
any court of competent
jurisdiction, or official
of the State of California
authorized to make the
determination, of having
violated a provision
of the California Real
estate law or a regulation
of the . Real Estate
Commissioner.
(c)
For any violation of subsection
(a) by another who is also
a member, affiliated with
the member, provided the
member was the designated
REALTOR® for
that person at the time
the alleged violation occurred.
In such instance, both may,
but are not required to
be joined as respondents
in any proceeding. The finding
of a hearing Tribunal with
respect to any violation
by the designated REALTOR®
and the member employed
by or affiliated with him
as an independent contractor
may be the same or different;
and in the event both are
found in violation, the
sanctions, if any, may be
the same or different.
(d) For
any violation of subsection
(a) by any person who is
not a REALTOR, but is employed
by or affiliated with a
REALTOR® and
was providing real estate
related services within
the scope of the REALTORS®'s
license. Lack of knowledge
by the REALTOR®
of such person's conduct
shall only go to mitigation
of discipline imposed.
Section
4. Nature of Discipline
Against a Association Member
- Disciplinary
action may consist of
one or more of the following:
(1)
Placement of a Letter of
Warning in the member's
file for a specified period
of time;
(2)
Placement of a Letter of
Reprimand in the member's
file for a specified period
of time;
(3) Imposition
of a requirement for training.
(4)
Designation of an appropriate
and reasonable fine commensurate
with the gravity of the
determined violation not
to exceed $2,500 per party,
per hearing;
(5)
Imposition of probation
for a stated period of time
not to exceed one (1) year;
(6)
Suspension of membership
as for a stated period of
time not less than thirty
(30) days and not more than
one (1) year -
(7)
"Publishing of Names"
in Association Publication.
Per the N.A.R. Guidelines,
the Association may publish
the names of ethics violators,
subject to the following
qualifications:
(a). Publication
can only occur after a second
violation occurs within
three (3) years.
(b). Publication
can only be made in an official
communication vehicle of
the board (or boards) in
which the violator holds
(held) membership.
(c). The
name of the firm the violator
is (or was) licensed with
cannot be published.
(d). Publication
must be consistent and uniform.
This means that publication
may not occur selectively
but must be used in each
instance where a second
violation is determined
within three (3) years.
(e). Other
than the violator's name,
the only additional information
that may be published is
the Article (or Articles)
violated, and the discipline
imposed, except that in
cases where the violator's
name is similar to another
member's name, the violator's
license number, office address,
or home address (or any
combination) may also be
published.
(f). Disciplinary
proceedings must have been
filed after January 1, 2000
on applicable cases.
(8) Expulsion
from membership for a stated
period of one (1) to three
(3) years, with reinstatement
to membership only by application
for membership as a new
member after the specified
period of expulsion, with
the application considered
on its merits.
(a) If the
conduct for which suspension
or expulsion is ordered
consists of failure to submit
a dispute to arbitration,
the Directors may not permit
the disciplined member to
avoid suspension or expulsion
without submitting to the
arbitration unless in the
meanwhile the controversy
has been submitted to a
court of law without any
objection by any party that
it should be arbitrated.
(b) None
of the foregoing shall preclude
the hearing Tribunal from
recommending and the Directors
from imposing one or more
of the possible disciplinary
actions as determined by
the gravity of the offense.
(c) In the
case of any discipline where
the disciplined member must
take specific action, the
hearing Tribunal must recommend
and the Board of Directors
must impose alternative
discipline to become effective
if the member does not comply
with the ordered discipline.
Section
5. Grievance Committee
There
shall be a standing committee,
known as the Grievance Committee,
of not less than six (6)
Board members, of each participating
association of whom at least
a majority shall be licensed
real estate brokers. The
members of the committee
shall be appointed by the
President, subject to confirmation
by the Board of Directors,
for staggered three (3)
year terms, unless the term
is otherwise specified by
the Board bylaws. One-third
of the members of the first
committee so appointed being
designated for one (1) year
terms. The president shall
annually designate the chairman
of the committee.
Refer
to the Grievance Committee
Guidelines for further guidance.
Section
6. Professional Standards
Committee
(a)
There shall be a standing
committee, of not less than
ten (10) members, of each
participating association,
of whom at least a majority
shall be licensed real estate
brokers. The members of
the committee shall be appointed
by the President of the
Association, subject to
confirmation by the Board
of Directors, for staggered
three (3) year terms. One-third
of the members of the first
committee so appointed being
designated for one (1) year
terms. The president shall
annually designate the chairman
of the committee.
(b)
Members of the professional
standards committee shall
be selected to serve on
hearing Tribunals as required
to hear matters of alleged
ethical misconduct by Board
members.
Refer
to the Professional Standards
Committee Guidelines for
further guidance.
Section
7. Regional Professional
Standards Hearings and Shared
Tribunalists
(a)
Notwithstanding any provision
of this Manual, a Board
may, by mutual resolution
of the Directors of the
affected Boards agree with
other Boards to establish
a regional professional
standards program, in which
case the members of a Tribunal
may include members from
the participating Boards.
(b)
Notwithstanding any provision
of this Manual, a Board
may, by mutual resolution
of the Directors of the
affected Boards, agree with
other Boards to share its
grievance committee and
professional standards committee
members and Board of Directors
on reviews, in which case
the members of a Tribunal
may include members from
the reciprocating Board's
respective Grievance Committee,
Professional Standards Committee
and Boards of Directors.
(c)
Notwithstanding any provision
of this Manual, a Board
agrees to accept and enforce
the decisions of a Hearing
Panel provided they have
agreed to (a) and (b) above.
(d)
Members who choose to file
an ethics hearing with an
Association other than their
primary, agree to abide
by all decisions of the
Hearing Panelists. Consequently,
an Association agrees to
enforce and uphold any findings
established by the Hearing
Panel.
Section
8. Interpretation of Bylaws
If
any provision of the bylaws
or rule or regulation relative
to the procedure of a Tribunal's
handling of a matter is
involved, the interpretation
by that Tribunal of the
bylaw or rule or regulation,
including any interpretation
of this Manual, shall be
set forth as a separate
finding and shall be conclusive
and final, except that the
Directors on review of a
hearing Tribunal's decision
shall not be bound by that
Tribunal's interpretation
of the bylaws or this Manual.
Section
9. Notices
(a)
Any notice required to be
given or paper required
to be served may be given
or served by personally
handing it to the party
to be notified, by first
class or certified mail
addressed to the mailing
address on the records of
the Association of REALTORS®
or by delivery to the mailing
address on the records of
the Association of REALTORS®
by a messenger service.
If mailed or delivered,
notice shall be deemed given
when placed in the mail
or when given to the messenger
service and deemed received
within five (5) days of
such mailing or delivery,
regardless if actually received
or not.
(b)
Notice of any Hearing shall
include the names of the
members of the Tribunal
at the time said notice
is given. Notice of any
Hearing, except for an adjourned
or continued Hearing, shall
be given not less than twenty-one
(21) calendar days beforehand,
unless otherwise agreed
by all the parties.
Section
10. Waiver
Each
member, by virtue of and
in consideration of membership,
waives any right of personal
redress against the Board,
Board employees, any member,
including but not limited
to, members of a Tribunal,
or witnesses for anything
done under these procedures.
Section
11. Communication and Clerical
Communications
shall be directed to the
Executive Officer or association
staff. The Executive Officer
or association staff shall
render all necessary assistance
to the parties, shall on
application furnish required
forms, shall receive and
file all documents or other
papers, and shall receive
all fees and disburse all
monies payable to the Board.
In no event, however, shall
the Executive Officer or
association staff provide
substantive advice or interpretation
of this Manual, association
bylaws or other governing
documents.
Section
12. Attempts to Influence
Tribunal
No
individual shall attempt,
directly or indirectly,
to influence a member of
a Tribunal in any matter
before it, other than by
giving evidence and argument
in an open hearing or by
writing submitted to the
entire Tribunal.
Section
13. Confidentiality of Proceedings
(a)
The allegations, findings
and decisions in hearings
are confidential and should
not be reported or published
by participating associations,
any member of a Tribunal
or any party under any circumstances
except as authorized below.
The participating associations
may not publish the results
of any decision except where
the Directors have imposed
suspension or expulsion
as a discipline.
All
parties to a disciplinary
hearing, the Board of REALTORS®
and members of any Tribunal
shall have an obligation
to maintain and protect
the confidentiality of the
proceedings.
(b) The
Tribunal member shall not
discuss the Tribunal proceedings
and deliberations with any
person(s) other than the
other members of the Tribunal,
association staff or legal
counsel representing the
any one of the participating
associations except as required
by the Board of Directors
of the Board, the bylaw
provisions of the participating
associations or as may be
required by law, except
that a member of the grievance
committee shall not be precluded
from discussion necessary
to the preliminary review.
(c)
The parties shall not report
or publish the allegations,
findings or decisions of
an ethics proceeding to
anyone except as may be
required by law. Notwithstanding,
the respondent in a disciplinary
hearing is authorized to
disclose the decision to
vindicate that party's professional
reputation. Any party to
a disciplinary proceeding
is authorized to disclose
the decision where there
is a civil proceeding involving
the same facts and circumstances
which gave rise to the proceeding
before the association.
(d)
If a member is found in
violation of the Code of
Ethics a second time within
a (3) year time period,
the member’s name, the fact
that the member has been
found in violation of the
Code of Ethics, the Article(s)
violated, and the discipline
imposed shall be published
in the official communication
vehicle of the association.
Such publication shall not
include the name of the
firm the member is, or was,
licensed or affiliated with.
In cases where the member’s
name is similar to another
Association member’s or
MLS Participant’s of Subscriber’s
name, the member’s real
estate license number or
office address (or both)
may also be published. The
procedures in this subsection
(d) are optional unless
the Association’s Board
of Directors has adopted
a policy to publish the
names of ethics violators
pursuant to this subsection.
(e)
Actions inconsistent with
this Section shall be a
violation of these procedures
but shall not invalidate
any decision made by a Tribunal.
Section
14. Right to Counsel/Other
Representation
Every
party may be represented
by legal counsel or a REALTOR®
or REALTOR-ASSOCIATE® member
at any ethics hearing, including
reviews even where the hearing
will occur in the party’s
absence. Notice of intention
to have representation,
including the representative’s
name, address, and phone
number must be given by
the party to all other parties
and the Tribunal at least
fifteen (15) calendar days
before the hearing of intention
to have counsel. In the
event of failure to comply
with this notice requirement
the Tribunal may, at its
discretion, take all steps,
including continuance of
the matter, if necessary,
to guarantee the rights
of all parties to representation
by counsel. The Tribunal
and the Directors may have
counsel present to advise
it on issues of procedure.
Section
15. Qualification for Tribunal
(a)
Only one person connected
with any firm, business,
partnership or corporation
may serve on the same Tribunal.
(b)
No individual may participate
in the deliberation of more
than one Tribunal on the
same matter.
(c)
A person shall automatically
be disqualified to be a
member of a Tribunal in
any case in which he is
1) a party; 2) related by
blood or marriage (to the
fourth degree) to a party;
or 3) an employer, employee,
partner or other business
associate of a party.
(d)
Before sitting on any case,
each member of a Tribunal
shall sign a statement that
he is not disqualified for
any of the foregoing reasons
and that he knows of no
other reason that might
prevent him from rendering
an impartial decision.
(e)
Every member of a Tribunal
shall avoid, so far as possible,
discussing the case with
any person prior to the
Hearing. If he does engage
in any such discussion prior
to the hearing, he must
disclose the fact to the
parties and to the other
members of the Tribunal
as soon as practicable but
no later than at the beginning
of the hearing. Upon such
disclosure, any party may
challenge a member of a
Tribunal and, if the Tribunal
agrees, at the option of
the Tribunal, that member
of the Tribunal shall be
dismissed, and a new Tribunal
member shall be selected.
A party waives any objection
under this Section by failure
to object prior to the commencement
of the hearing.
(f)
Any party may file with
the Executive Officer or
association staff a written
request for disqualification
of a member of a Tribunal
stating the grounds assigned
for disqualification (Form
D-5). Challenges submitted
by any party pursuant to
this Section shall be decided
by the Professional Standards
Chairpersons or his or her
designee. A party shall
be deemed to have waived
any ground of disqualification
of which he then has knowledge
unless he files the request
within ten (10) calendar
days after the prospective
names are mailed to the
parties. However, any member
of a Tribunal may be disqualified
at any time if a majority
of the members of a Tribunal
find any automatic ground
of disqualification to be
present under this Section,
or find any other facts
which, in their judgment,
may prevent the member from
rendering an impartial decision
or appear to do so. However,
none of the foregoing is
to be construed as to allow
a challenge to the qualifications
of members of a Board's
grievance committee.
(g)
If a member of the Tribunal
fails or is unable to participate
in a Hearing, the remaining
members of the Tribunal
may, at their option, but
only with the express consent
of the parties, proceed
with the hearing. Only the
remaining members of the
Tribunal may participate
in the Hearing and the determination
thereof. Should any member
of the Tribunal absent himself
during the progress of the
actual Hearing, that individual
shall likewise not participate
in the deliberations or
determinations thereof.
If all the parties do not
agree to proceeding without
the full number of the Tribunal
originally designated, the
chairman of the Tribunal
will recess the hearing
to a date on which all members
of the Tribunal can be present.
If the chairman cannot at
that time designate a new
date, notice of a subsequent
date shall be served on
all parties herein provided.
Section
16. Filing a Complaint
Any
person, whether a member
or not, having reason to
believe that a member is
guilty of any conduct subject
to disciplinary action,
may file a complaint in
writing with the Executive
Officer or association staff
dated and signed by the
complainant. The Executive
Officer may require the
complainant to supply the
necessary number of copies
of the complaint. A complaint
must be filed within one
hundred and eighty (180)
days after the facts constituting
the matter complained of
could have been known in
the exercise of reasonable
diligence.
Section
17. Designated REALTOR®
as a Respondent in an Ethics
Hearing
(a)
If anyone other than a designated
REALTOR® is named
as the respondent in a complaint
alleging ethical misconduct,
that individual's designated
REALTOR® as defined
by the Board bylaws, at
the time of the acts giving
rise to the complaint may,
but is not required to be,
named as a respondent.
(b)
If a designated REALTOR®
is not named as a respondent,
the designated REALTOR®
shall receive notice and
a copy of the complaint
and all subsequent information
regarding the complaint
including any decision of
a hearing tribunal and any
final action taken by the
Board of Directors. The
designated REALTOR® shall
also have the right to attend
and be present at any hearing
or review regarding the
complaint.
Section
18. Joinder of Multiple
Parties or Complaints
Upon request
of a party or upon its own
motion, the Grievance Committee
or the Hearing Tribunal
may join together multiple
complaints arising out of
the same set of circumstances
or multiple parties involved
in the same transaction
to be heard at the same
time.
In addition,
the Grievance Committee
or the hearing Tribunal
may join together complaints
and complaints alleging
unethical misconduct involving
the same parties and arising
out of the same transaction
to be heard at the same
time.
Section
19. Action of the Grievance
Committee
(a)
The Executive Officer shall
promptly refer any complaint
submitted according to the
chairman of the Grievance
Committee, who shall promptly
designate one or more members
of the grievance committee
to review the complaint
and recommend to the committee
whether to 1) dismiss the
complaint as unworthy of
further consideration; 2)
refer it back to the complainant
as appropriate for arbitration
prior to or instead of a
disciplinary hearing; or
3) refer it back to the
Executive Officer or appropriate
staff for hearing.
(b)
The Grievance Committee
is to make only such preliminary
review and evaluation of
the complaint as required
to determine whether the
complaint warrants further
consideration by a hearing
Tribunal of the Professional
Standards Committee. The
Grievance Committee does
not conduct hearings and
does not determine if a
violation of the Code of
Ethics or Board bylaws has
occurred.
(c)
The Grievance Committee
may, if it deems necessary,
notify the respondent in
order to acquire further
documentation before making
its preliminary determination.
(d)
Upon its own motion, the
Grievance Committee may,
and upon instruction of
the Directors must, investigate
the actions of any member
when there is reason to
believe that the member's
conduct may be subject to
disciplinary action. If
the evidence warrants a
hearing, the grievance committee
shall prepare a complaint,
refer it to the Executive
Officer or appropriate staff
and designate one of its
members on behalf of the
Grievance Committee as complainant
to present the case at the
subsequent hearing.
(e)
If the complainant is someone
other than Upon request
of a party or upon its own
motion, the Grievance Committee,
upon the complainant's Grievance
Committee or the Hearing
Tribunal may request, the
Grievance Committee may,
but is not join together
multiple complaints arising
out of the required to,
designate one of its members
to present same set of circumstances
or multiple parties the
case at the subsequent hearing
on the involved in the same
transaction to be heard
at the complainant's behalf
same time.
(f)
If the Grievance Committee
determines that the respondent's
alleged conduct may be the
basis for a violation but
that an inappropriate membership
duty or has been cited,
the Grievance Committee
may amend the complaint
by deleting or adding the
appropriate duty based on
the facts alleged in the
complaint. If the Grievance
Committee determines that
a membership duty should
be added to the complaint,
and the complainant will
not agree to the addition,
the Grievance Committee
may file its own complaint
and both complaints will
be heard simultaneously
by the same Hearing Tribunal.
(g)
If the complaint asserts
multiple allegations and
the Grievance Committee
determines that one or more
of the allegations would
not warrant a hearing, that
portion of the complaint
may be dismissed while the
balance of the complaint
is forwarded for a hearing
before a hearing Tribunal
of the Professional Standards
Committee.
(h) The
Grievance Committee may
join together multiple parties
or complaints-
(i)
Any decision by the Grievance
Committee shall not be disclosed
to any person except the
Professional Standards Chairman,
the hearing Tribunal, the
complainant, respondent,
legal counsel for the participation
associations, a Tribunal
of the Directors upon review,
and the Executive Officer
or appropriate staff.
Section
20. Review of Grievance
Committee Decision
(a)
Within ten (10) calendar
days from the day the Grievance
Committee decision is sent
to the complainant, the
complainant may request
in writing a review by a
Tribunal of the Directors
of a decision to dismiss
the complaint or to delete
a membership duty from the
complaint.
(b)
The president will select
a Tribunal of the Directors
(not less than three) to
conduct the review. When
conducting the review, the
Directors are subject to
automatic disqualification
under the grounds set. Each
director must sign a statement
that he is not disqualified
for any of the above reasons,
and he knows of no other
reason that might prevent
him from rendering an impartial
decision. The review Tribunal
will consider only the information
and documentation considered
by the Grievance Committee.
The parties shall not be
present during the review.
(c)
The decision of the Tribunal
of Directors conducting
the review shall be final.
If the Directors affirm
the decision to dismiss,
the complainant shall be
notified and the complaint
dismissed. If the decision
of the Directors is to send
the complaint forward to
a hearing, the complainant
shall be notified and the
complaint processed in accordance
with these rules.
(d)
If the review is based on
the Grievance Committee's
decision to delete a membership
duty from the complaint,
and the Tribunal of Directors
affirm this decision, the
complaint shall be processed
in accordance with these
rules. If the Tribunal of
Directors amend the complaint,
the amended complaint shall
be sent to the complainant
for signature and then processed
in accordance with these
rules.
(e)
If there is no written request
for review made within ten
(10) calendar days after
notice of the Grievance
Committee decision is sent,
the decision of the Grievance
Committee shall be final.
Section
21. Withdrawal of Complaint
(a)
If after the Grievance Committee
has recommended that a hearing
be arranged, but before
the hearing Tribunal is
convened, a complainant
requests withdrawal of the
complaint, the Executive
Officer or appropriate staff
shall promptly refer the
matter back to the grievance
committee for consideration.
(b)
After a Hearing Tribunal
has been convened, a complaint
may be withdrawn only with
the Tribunal's approval.
In such event, the Tribunal
may 1) refer the complaint
to the grievance committee
for consideration for processing
under this Manual with the
Grievance Committee acting
as complainant; 2) refuse
to allow the complaint to
be withdrawn and proceed
with the hearing; or 3)
allow the complaint to be
withdrawn with no further
action. Such withdrawal
would not constitute a decision
on the merits.
Section
22. Amendment of Complaint
(a)
At any time prior to the
hearing on the complaint,
the complainant may file
an amended complaint with
the Executive Officer or
appropriate staff. If an
amended complaint is filed
prior to the hearing being
convened, the complaint
shall be sent to the Grievance
Committee for review. If
the Grievance Committee
refers the amended complaint
for a Hearing, the Executive
Officer or appropriate staff
shall follow those procedures.
If the Grievance Committee
does not refer the amendment
for a hearing, the matter
shall proceed on the original
complaint.
(b)
At any time during the hearing,
the complaint may be amended
either by the complainant
or upon motion of the Hearing
Tribunal. The Hearing Tribunal
may disallow the requested
amendment and proceed to
hear the original complaint.
If
the amended complaint is
allowed, the amended complaint
shall be filed in writing,
signed by the complainant
or by the presiding Officer,
a copy given to the respondent,
and a continuance granted
if requested by a party.
(c)
The Hearing Tribunal may
join together parties or
complaints as set out in
set forth in these rules.
In such event, the procedures
of (b) of this Section shall
be followed.
Section
23. Initiating a Disciplinary
Hearing
(a)
After a complaint has been
referred to the Executive
Officer or appropriate staff
by the Grievance Committee
with instruction to arrange
a hearing, the Executive
Officer or appropriate staff
shall mail to each party
complained of (hereafter
called the "respondent")
(1) a copy of the complaint,
(2) the Notice to Respondent
(Form D-2) and (3) the Response
(D-3) with directions to
return the Response within
fifteen (15) calendar days
from the date of mailing
to the respondent. with
the Executive Officer or
appropriate staff. The Executive
Officer or appropriate staff
may require the respondent
to supply the necessary
number of copies of the
response. The Executive
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