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Outline of Procedure for an Ethics/Arbitration Hearing


POSTPONEMENT OF HEARING:   Postponement may be granted if there are extenuating circumstances. Requests for postponement must be made in writing.

Permission can be given by the Chairman. Reasonable time shall be granted before another date is set.

METHOD AND OBJECTIVE OF PROCEDURE:   The Professional Standards Committee 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 witness, and offer evidence, subject to its judgment as to relevance.


DUE PROCESS PROCEDURE:  The Professional Standards Committee procedures will be:


1. Opening statement by Chairman; Cite authority to hear case and explain reason for hearing.


2. The Complaint will be read into the record.


3. The testimony of all parties and witnesses will be sworn or affirmed.


4. The parties will be given an opportunity to present evidence and testimony in their behalf and they may call witnesses.


5. The parties or their legal counsel will be afforded an opportunity to examine and cross examine all witnesses and principals.


6. The committee members may ask questions at any time during the proceedings.


7. In order to ensure relevance and maintain proper decorum, the Chairman or the Presiding Officer shall exclude any question which he deems irrelevant or argumentative.


8. Each side may make a closing statement.


9. Adjournment of hearing.


10. Committee will go into executive session to decide case.

 

FINDING IN DISCIPLINARY HEARING:   The finding and recommendation for penalty or discipline shall be reduced to writing by the Hearing Panel and submitted to the Board of Directors in accordance with the procedure of Section 20 of the Code of Ethics and Arbitration Manuals.
   

FINDING IN ARBITRATION:    The findings and decision of the Hearing Panel in an arbitration procedure shall be reduced to writing by the Panel and a copy shall be furnished to each of the parties to the arbitration and a copy filed with the Secretary of the Board.


USE OF LEGAL COUNSEL:      A party may be represented in any hearing by legal counsel. However, no party may refuse to directly respond to requests for information or questions addressed to him 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 his client if the Panel desires direct testimony. Each party shall be held responsible for the conduct of their/his 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 otherwise 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 Panel may, but need not in its absolute discretion, consider a request for temporary postponement to enable new counsel to be obtained