Before the Hearing
Before the Hearing

· The EVP or appropriate staff may determine whether the complaint is properly filed and subject to arbitration by the Association. · If properly filed and determined to be arbitratable, each named respondent will be notified and mailed a copy of the complaint with directions to return the written response with the appropriate filing fee within 15 days of the date of mailing. · Parties will be offered the opportunity to mediate the dispute prior to an arbitration hearing. · All parties will be mailed a list of potential hearing panellists. Parties may challenge the qualifications of any potential member for cause which may include the following reasons: a) is related by blood or marriage to either Complainant(s) or Respondents(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. · Since California Law requires a disclosure statement on arbitrators regarding their previous decisions on arbitrations involving the same parties and REALTOR® Associations' hearing processes are confidential, the parties will receive a panellist arbitration waiver agreement to sign. In the absence of a signed waiver agreement, the parties will receive disclosure statements from the panellists assigned to the hearing panel. · Complainant(s) and Respondent(s) will be notified in writing at least twenty-one (21) days in advance of the time, date, place of the hearing and any other relevant information necessary to the hearing. · All parties may be represented by legal counsel. The Association and the other parties must receive notice of intent to be represented by legal counsel at least fifteen (15) days prior to the hearing. Failure to give adequate notice may result in the continuance of the hearing and a continuance fee imposed against the party failing to give adequate notice. · It is the responsibility of each party to arrange for their witnesses to be present at the time and place designated for the hearing. Parties are responsible to bring with them all evidence and written documents pertinent to the arbitration. · Hearings will be conducted in the English language. Interpreters are allowed to assist any party or witness at the hearing. Arrangements for having an interpreter present is the responsibility of the party requiring such service and the cost for the same shall be paid by that party. · The hearing will be videotaped and a DVD copy of the hearing will available to the complainant(s) or respondent(s) only for the purposes of requesting a review at the cost of $50 per DVD. · 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 with the fee continuing to double hereafter of each request by the same party.
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