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ARTICLE 8

COMPLAINTS AGAINST MEMBERS

and

REPRIMAND, SUSPENSION, AND EXPULSION

Definitions and Interpretations

a) “complaint(s)” mean(s) an allegation in writing of misconduct or a breach of the Association’s Code of Ethics, or Bylaws.

b) “Conduct Review Board” means a Board called by the President of the Association, made up of the Directors and other members of the Association, as specified in these Bylaws, Article 10, Section 10-9.

c) “cost(s)” shall mean(s) any cost(s) incurred from the investigation of a complaint, the processing of a complaint, the hearing of a complaint, or the decision of the Conduct Review Board resulting from a complaint.

d) “hearing” shall mean the formal meeting held by the Conduct Review Board for the specific purpose of conducting the formal hearing of a complaint.

e) “Association”  means the Canadian National Association of Real Estate Appraisers.

f) “member” means any person defined as a member by a specific bylaw of the Association

Section 8-1

Conduct by a member of the Association that reflects dishonesty and a lack of integrity on themselves and or the Association, and or of a manner that is not in compliance with the Code of Ethics of the Association shall constitute justification for their possible admonishment, reprimand, suspension, removal of their designation, and or expulsion from the Association, and or the possible administration of disciplinary action in accordance with the Bylaws of the Association.

Section 8-2

Grounds for suspension, expulsion, or removal of designation:

a) conviction of a felony

b) adjudication by a court of law to be incompetent

c) lack of adherence to the Bylaws of the Association

d) refusing or neglecting to act in accordance with, or abide by, the decisions of the Association

e) found or determined to be, by the Association, guilty of an act of a discreditable nature to the profession

f) non payment of dues

g) failure to maintain the prescribed continuing education program

Section 8-3

Less serious infractions may be grounds for a reprimand.  Reprimand is a severe expression of disapproval and criticism, and constitutes a serious warning that may include conditions for the continuation of membership.  Notice of such an issuance may be published and made public and include the name of the member.

Section 8-4

A complaint against any member of  the Association must be made in writing and signed by the complainant. All complaints must be forwarded to the Chief Executive Officer of the Association.

Section 8-5

The Chief Executive Officer of the Association shall give notice of a complaint to the member and shall include as part of that notice, the actual complaint. The Chief Executive Officer of the Association must also include in such a notice the authority of the Association to make such a notice, as stated in the Bylaws of the Association.

Section 8-6

Complaints against any member for any reason shall be forwarded to the Ethics, Professional Standards, and Discipline Committee. That Committee will investigate all complaints and report their findings to the Chief Executive Officer of the Association. The Chief Executive Officer, in conjunction with the Committee, has the authority to adjudicate any complaint without calling for a Conduct Review Board. However, if the respondent member is not in agreement with the decision of the Committee and the Chief Executive Officer, a Conduct Review Board must be called.

Section 8-7

The Chief Executive Officer shall advise the President, if it is deemed necessary by the Chief Executive Officer, that a Conduct Review Board is required to adjudicate a complaint. The President shall then call a Conduct Review Board in compliance with Article 10, Section 9, of the Association Bylaws. The Conduct Review Board must give notice to the respondent member at least fourteen (14) days in advance of the hearing of the Conduct Review Board and forward to the respondent member any respective evidence and documents pertaining to the complaint. The Conduct Review Board shall then hold a hearing during which the member in question may be interviewed and will be permitted to present any evidence relevant to the subject complaint.

Section 8-8

Until a hearing before the Conduct Review Board has been completed and a decision made by the Conduct Review Board, all investigations and proceedings shall be kept private and confidential.

Section 8-9

Only evidence presented at the Conduct Review Board Hearing can be considered by the Conduct Review Board.

Section 8-10

Evidence to be considered by the Conduct Review Board must be presented or given in person, verbally, at the Conduct Review Board Hearing.

Section 8-11

The respondent member may be represented by legal counsel and is entitled to call witnesses at the hearing but is individually responsible for all expenses incurred on his or her behalf. The presence of any other parties or representatives shall be at the discretion of the Conduct Review Board.

Section 8-12

The Conduct Review Board will review all admitted evidence and take any action deemed appropriate, but in accordance with the regulations set out in these bylaws.

 Section 8-13

After a Conduct Review Board Hearing has been completed and a judgment has been rendered by the Conduct Review Board, the Conduct Review Board, at its discretion, may make public the complaint and or the results of that complaint, including the decision of the Board, and any disciplinary action taken, and identify the respondent member.

Section 8-14

The Conduct Review Board may utilize Association staff, members, and or Committee members in the presentation of the case and may also retain legal counsel to act on its behalf at the hearing.

Section 8-15

The failure of any member to comply with any request from the Conduct Review Board in connection with a complaint under this section of the Bylaws of the Association, without justifiable reason or unless the law otherwise requires, may result in disciplinary action against that member.

Section 8-16

A decision of the Conduct Review Board may be appealed by written request for appeal to the Chief Executive Officer of the Association. This request for appeal must be in writing and sent by registered mail to the head office of the Association within 21 days of the receipt of the Conduct Review Board’s decision.

Section 8-17

If a decision of the Conduct Review Board results in disciplinary action involving a cost, the member disciplined will pay that related cost. The Conduct Review Board may charge any related hearing costs to the member disciplined

Section 8-18

Any appeal of a decision of the Conduct Review Board will be considered by the President of the Association in collaboration with the Chairperson of the Ethics, Professional Standards, and Discipline Committee. They will make a judgment as to the acceptance or rejection of the appeal. If the appeal is accepted, it will be adjudicated by an Appeals Board, appointed by the President, consisting of the President and two other Directors. These two other Directors cannot be the same as any Director who was part of the original Conduct Review Board.  Any decision of the Appeals Board is final.

Section 8-19

All costs that are incurred by the necessity of an Appeals Board Hearing shall be the responsibility of the member who requested the appeal.

 

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