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Complaints must be typewritten and submitted with a sufficient
number of copies to enable the Board to provide one to each
respondent plus one to each respondent plus one copy for the
Board’s records. Any reply must be typewritten and
submitted with a sufficient number of copies to enable the Board
to provide one to each complainant plus one copy for the Board’s
records. Additional copies of the complaint and reply should
be furnished by the complainant and respondent as requested by
the Secretary. If the complainant is a member of the
public, extra copies of the complaint should not be requested
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Complaints will be referred to the Board secretary (or Executive
Officer), and by the Secretary 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 Board Secretary 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
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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 Board 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.
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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.
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Counsel may represent all parties, 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.
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It is the responsibility of each party to arrange for his
witnesses to be present at the hearing.
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Either party may file with the Secretary, 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, respondent,
or a Realtor® acting as counsel for either 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.
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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.”
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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 a decision in the case.
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No hearing will be held in the absence of a Complainant. An
ethics hearing may proceed in the absence of a respondent.
TAR encourages members to use "HELP DESK" for
communicating with both the Legal & Ethics Hotline Staff and TAR
Staff.
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