General Instructions for Filing & Replying to Ethics Complaint
1. Complaints must be typewritten and submitted with sufficient number of copies to enable the Association to provide one to each respondent plus one copy for the Association’s records. Any reply must be typewritten and submitted with a sufficient number of copies to enable the Association to provide one to each complainant plus one copy for the Association’s records. Additional copies of the complaint and reply should be furnished by the complainant and respondent as requested by the Professional Standards Administrator. If the complainant is a member of the public, extra copies of the complaint are not necessary.
2. Complaints will be referred to the Professional Standards Administrator and by the Professional Standards Administrator 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 Professional Standards Administrator 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 Association 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.
6. It is the responsibility of each party to arrange for his witnesses to be present at the hearing. Each party must provide a list of the names of the witnesses he intends to call at the Hearing to the Association not less than fifteen (15) days prior to the hearing.
7. Either party may file with the Professional Standards Administrator, 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
with 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 the 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.