Part 3: Enforcement of the Code of Ethics
I. Ethics Cases and Arbitration Cases
A. Ethics - Basic Issue - Is there a possible violation of the Code of Ethics?
B. Arbitration - Basic Issue - Is there an arbitrable issue, that is, a money dispute (typically a dispute over which REALTOR is entitled to the cooperative commission in a transaction)?
II. The Ethics Enforcement Process
A. Filing a Complaint - Who can file a complaint?
B. The Grievance Committee
1. A screening committee comprised of members of the Association appointed to the committee.
2. Key question for the Grievance Committee is: “If the allegations in the complaint were taken as true on their face, is it possible that a violation of the Code of Ethics occurred?”
C. The Professional Standards Hearing Panel
1. Function is to conduct a full “due process” hearing with sworn testimony, witnesses and evidence.
2. Hearing Panel is comprised of members of the Professional Standards Committee.
3. After conducting a hearing, the Hearing Panel decides whether there was a violation of the Code of Ethics, proven by clear, strong and convincing proof.
4. If the Hearing Panel finds a violation of the Code of Ethics, the Panel then determines the discipline to be imposed on the violator (respondent).
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