Before A Hearing

Before a Hearing

Your complaint will be referred to the Association's Grievance Committee. This committee is similar to a Grand Jury. It does not determine innocence or guilt. The committee's job is to review ethics complaints to determine if the allegations made and taken as true, might support a violation of the Article(s) cited in the complaint. The Committee may: 1) refer the complaint to a Professional Standards disciplinary hearing, 2) dismiss the complaint 3) amend the complaint by deleting or adding Article(s) of the Code of Ethics 4) postpone its decision to await more information from the complainant of 5) determine that the offense is a citable offense for which a citation/fine will be issued (see information under "Citation System").

In the event the Grievance Committee dismisses the entire complaint or deletes Articles(s), the Complainant may request that the Directors of the Association review the Committee's decision. The Directors may either uphold or overturn the Grievance Committee's decision. The Complainant does not have the right to be present at the Directors' review. There is no other type of review of the Grievance Committee's decision.

If the complaint is referred to a disciplinary hearing, the Respondent(s) will be mailed a copy of the Complaint. A response is due within fifteen (15) days of the date the complaint is mailed. Complainant(s) will be mailed a copy of the response. Complainant(s) and Respondent(s) are given a list of potential panellists and may challenge the qualifications of any potential member for cause.

Panel members may be excused for any of the following reasons: a) is related by blood or marriage to either Complainant(s) or Respondent(s); b) is an employer, partner, employee or in any way associated in business with either party; c) is a party; or d) knows of any reason which may prevent them from rendering an impartial decision.

Complainant(s) and Respondent(s) will be notified in writing at least twenty-one (21) days in advance of the time, date and place of the hearing. Once a hearing date is set, it will not be rescheduled unless the complainant or the respondent (parties to the disciplinary hearing) requesting a new date files a written request for a continuance and can demonstrate good cause for granting the continuance. The fee for the first request for continuance of a hearing is $75 and the fee for a second continuance to the same party will be $200.
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