Part 5: Outline of Procedure for Conduct of an Ethics Hearing
_____________________________________________________ Board of REALTORS®
State of ___________________________________________
(To be mailed in advance to both parties.)
Postponement of hearing: Postponement may be granted if there are extenuating circumstances. Parties’ requests for continuances shall only be granted when all parties mutually agree to a subsequent specified date, or when the hearing panel chair determines that denying the continuance would deny the requestor a fair hearing. Requests for postponement must be made in writing. Permission can be given by the Chairperson. All parties shall be advised of the date of the rescheduled hearing. (Revised 11/14)
Recording the hearing: The Board shall, and any party (may/may not), at their own expense, have a court reporter present at the hearing, or may record the proceeding, and, if transcribed, shall furnish a copy to the Secretary. (Revised 11/14)
Method and objective of procedure: The Hearing Panel shall not be bound by the rules of evidence applicable in courts of law, but shall afford all parties a full opportunity to be heard, present witnesses, and offer evidence, subject to its judgment as to relevance.
Due process procedure: The hearing will proceed as follows:
- Chairperson cites authority to hear case and explains reason for hearing.
- The complaint will be read into the record.
- The testimony of all parties and witnesses will be sworn or affirmed. All witnesses will be excused from the hearing except while testifying.
- Opening statements, first by complainant, then by respondent, briefly explaining the party’s basic position.
- The parties will be given an opportunity to present evidence and testimony in their behalf and they may call witnesses. All parties appearing at the hearing may be called as witnesses without advance notice. (Revised 11/14)
- The parties and their legal counsel will be afforded an opportunity to examine and cross-examine all witnesses and parties.
- The panel members may ask questions at any time during the proceedings.
- The Chairperson may exclude any questions which he or she deems irrelevant or argumentative.
- Each side may make a closing statement. The complainant will make the first closing statement and the respondent will make the final closing statement.
- Adjournment of hearing.
- The Hearing Panel will go into executive session to decide the case. (Revised 11/12)
Findings in ethics hearing: The finding and recommendation for discipline, if any, shall be reduced to writing by the Hearing Panel and submitted to the Board of Directors in accordance with the procedure of Part Four, Section 23 of this Manual.
Use of counsel: A party may be represented in any hearing by legal counsel or by a REALTOR® of their choosing (or both). However, parties may not refuse to directly respond to requests for information or questions addressed to them by members of the panel except on grounds of self-incrimination, or on other grounds deemed by the panel to be appropriate. In this connection, the panel need not accept the statements of counsel as being the statements of counsel's client if the panel desires direct testimony. Parties shall be held responsible for the conduct of their counsel. Any effort by counsel to harass, intimidate, coerce, or confuse the panel members or any party to the proceedings, or any action by counsel which is viewed by the panel as disruptive of the proceedings, shall be grounds for exclusion of counsel. The decision to exclude counsel for any of the foregoing reasons shall be the result of a majority vote of the members of the panel and shall be nonappealable. In the event counsel is excluded, the hearing shall be postponed to a date certain not less than fifteen (15) nor more than thirty (30) days from the date of adjournment to enable the party to obtain alternate counsel, provided, however, that such postponement shall not be authorized if it appears to members of the panel that the action of counsel has been undertaken by counsel to obtain a postponement or delay of the hearing. (Revised 11/96)