Part 4, Section 22 — Decision of Hearing Panel
(a) The decision of the Hearing Panel shall be by a simple majority vote and in writing (Form #E-11, Decision [Ethics], Part Six and the Professional Standards Training Guide) and shall contain findings of fact and a statement of the disciplinary action recommended, if any. Under no circumstances can the Board award money “damages” in an ethics proceeding. The decision shall include a clear, concise, and objective recitation of the specific facts upon which the Hearing Panel based its conclusion. Such decision shall not be disclosed during the ethics proceeding, or any appeal or rehearing, to any persons except the Directors, the complainant, the respondent, Board legal counsel, and the Secretary. However, failure of confidentiality shall not invalidate the decision. The decision shall be filed with the Secretary within ten (10) days after the Hearing Panel's decision is final.**
Any member of the Hearing Panel not voting with the majority may dissent from all or any portion of the findings or decision and may file a dissent in writing with the Secretary for consideration by the Directors at the same time the decision is considered. Copies of the decisions disseminated pursuant to these procedures shall be complete and unedited unless as association, by an affirmative action of its Board of Directors, adopts alternate procedures under which decisions presented to the Board of Directors for ratification will not include the names of the parties. The dissenting opinion should also be provided to the parties. In the event the respondent is found in violation, the Hearing Panel will consider all records of previous violations and sanctions imposed, whether by the current or by any other Board or Association, in the member’s file in determining discipline, and the rationale for the current disciplinary action can be provided to the parties and the Directors as part of the decision. The Hearing Panel's consideration will include whether prior disciplinary matters involve discipline that was held in abeyance and that will be triggered by a subsequent violation (including the matter currently under consideration by the Hearing Panel). (Amended 5/13)
(*The Hearing Panel's decision shall be considered final only when it is in writing and signed by members of the panel following their personal review and any review by legal counsel which may be required.)
(b) The Secretary shall transmit a copy of the decision to the complainant and respondent within five (5) business days after the Secretary has received the Hearing Panel’s decision in writing, except that reasonable delay shall not invalidate the Board's procedures nor the decision.
(c) Within twenty (20) days after the decision has been transmitted to the respondent by the Secretary, the complainant or the respondent may petition the Hearing Panel for a rehearing, solely on the grounds of newly discovered material evidence which the petitioner could not, with reasonable diligence, have discovered and produced at the original hearing. The petition must be in writing and include:
(1) a summary of the new evidence
(2) a statement of what the new evidence is intended to show and how it might affect the Hearing Panel’s decision
(3) an explanation of why the petitioner could not have discovered and/or produced the evidence at the time of the original hearing (Amended 11/91)
(d) A petition for rehearing not granted by the Hearing Panel within two (2) weeks of its filing shall automatically be deemed denied. When granted or denied, the Secretary shall immediately inform the respondent and the complainant. No more than one (1) petition for rehearing may be filed in the case by each party. Notice of rehearing shall be given not less than twenty-one (21) days before the rehearing. (Revised 11/98)
(e) Immediately upon the decision becoming final, the Secretary shall transmit it to the President, or, if no decision is made within two (2) weeks, the Secretary shall advise the petitioner that the request for rehearing is deemed denied.
(f) To avoid any appearance of bias, ethics Hearing Panels shall make no referrals of ethical concerns to the Grievance Committee. This is based on the premise that the fundamental right and primary responsibility to bring potentially unethical conduct to the attention of the Grievance Committee rests with the parties and others with firsthand knowledge. (Adopted 11/96)