FILING AN ETHICS COMPLAINT

Code of Ethics and Standards of Practice of NAR           Complaint Form

General Instructions and Information for Filing and Replying to Ethics Complaints

1.         Complaints must be typewritten and submitted with a sufficient number of copies to enable the Board to provide 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 (or Executive Officer).  If the Complainant is a member of the public, extra copies of the Complaint should not be requested.  

2.         Complaints will be referred to the Board Secretary (or Executive Officer); and by the Secretary (or Executive Officer)  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 (or Executive Officer) 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.  

3.         If there is to be a hearing, Respondent(s) will have fifteen (15) days after service of a copy of the Complaint to make Reply to it.  Copy of 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.  

4.         If no Reply is received from Respondent(s) within fifteen (15) days from service of copy of the Ethics Complaint, date and place of hearing will be set and the charges may be taken as true.  Complainant, the Board President and Professional Standards Committee Chairperson will be advised that no Reply has been filed.  

5.         All parties may be represented by legal counsel provided that notice of intention to be represented is transmitted to all other parties and to the Hearing Panel at least ten (10) days prior to the hearing.  Failure to provide timely notice may result in a continuance of the hearing.  

6.         It is the responsibility of each party to arrange for their witnesses to be present at the hearing.  

7.         Either party may file with the Secretary (or Executive Officer), 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 either complainant or respondent.  

(b)       Is an employer, partner, or employee, or in any way associated in business with either 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.  

8.         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 or Arbitration Hearing.”  

9.         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.  

10.       No hearing will be held in the absence of a complainant.  An ethics hearing may proceed in the absence of a respondent.