Filing and Replying to Complaints

1. Complaints and replies must be typewritten.

2. Complaints will be referred by the Executive Officer to the Grievance Committee for consideration.

3. If found by the Grievance Committee to constitute a proper cause for action, it will be referred to the Executive Officer to arrange for a hearing. If not found to constitute a cause for action, the Complainant will be informed of the decision of the Grievance Committee and advised of the procedures by which the Grievance Committee’s decision may be appealed to the Board of Directors.

4. If there is to be a hearing, 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. Prior to notification of hearing, the parties will be notified of those eligible to serve on the hearing panel and may make written request for disqualification of any panel member for any of the following reasons:

1. is related by blood or marriage to either Complainant or Respondent;
2. is an employer, partner, employee, or in any way associated in business with either the Complainant or Respondent;
3. is a party to the hearing, or a party or a witness in another pending case involving Complainant or Respondent;
4. knows any reason acceptable to the Hearing Panel which may prevent the member from rendering an impartial decision.

5. If no reply is received from Respondent within fifteen (15) days of mailing the copy of the complaint, date and place of hearing will be set and the charges may be taken as true, by default. Complainant will be advised that no reply has been filed.

6. 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.

7. It is the responsibility of each party to arrange for their witnesses to be present at the hearing and to notify the Hearing Panel and all other parties at least ten (10) days prior to the hearing.

8. The notice of the hearing will contain the names of members of the Panel who will hear the case and will 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 of the Board of Directors at any time prior to the hearing.

10. Both parties should be present in person at the hearing. Failure to appear can result in adverse decision by default.