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If more than one party requests copies of the transcript, the Panel’s costs will be apportioned between or among the parties. Parties, at their own expense, may have legal counsel present during the hearing. If a party intends to have legal counsel present at the hearing, the party must provide written notice to the Panel Chairman and the other party, not less than fifteen days before the hearing date.
Upon the Grievance Committee’s determination as to whether the matter is properly arbitrable the parties shall be notified (generally within five days) and the matter is referred to the Professional Standards Committee for a hearing. Take advantage of all the latest technology tools, products and services to help you grow your business, available to you through OneKey MLS. Visit our COVID-19 Hub daily for important updates, free business-related webinars and other relevant resources to guide your business during this uncertain time. LIBOR serves as the "eyes and ears" for the local real estate industry and helps to protect your business interests.
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The Hearing Panel may receive and consider any evidence they deem material and proper. Parties to arbitration shall be entitled to have legal counsel present at any hearing. Each party is responsible for the expenses of his/her respective counsel. The determination as to whether an arbitrable matter exists shall be made by the local Board/Association’s Grievance Committee pursuant to those procedures outlined in Part 10, Section 47 of the Code of Ethics and Arbitration Manual. Appeals of arbitration requests dismissed by the Grievance Committee and alleged misclassification of an issue as being subject to either voluntary or mandatory arbitration shall be considered by the Board of Directors of the local board or by a panel of Directors. The Executive Officer shall notify the respondent that he/she must file a written reply in response to the arbitration request within days of the date of the mailing to the respondent.
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The Executive Officer shall inform all parties of the date, time, and place of the hearing established by the arbitrators (Form #A-9, Official Notice of Hearing). The arbitration request and response, if any, shall be provided to the Hearing Panel members prior to the hearing. Such time period shall be as established by the Board of Directors. All parties and panel members shall be provided with the Arbitration Guidelines and Arbitration Worksheet. The party must state the grounds assigned for disqualification. A party shall be deemed to have waived any grounds of disqualification of which he then has knowledge unless he filed the request at least 10 days prior to the hearing.
Based on input from many sources, the Professional Conduct Working Group of the Professional Standards Committee developed the following list of professional courtesies for use by REALTORS® on a voluntary basis. This list is not all-inclusive and may be supplemented by local custom and practice. The award of the arbitrators (Form #A‐12, Part Thirteen of NAR’s Manual) shall be made as soon as feasible after the evidence is presented and a copy of the decision will be delivered within 21 days after the hearing is concluded to each of the parties.
The Professional Standards Chairman of each Board/Association procedure shall appoint at least three eligible members of the Professional Standards Committee not successfully challenged the Arbitration Panel to hear the dispute. The Executive Officer or professional standards administration shall serve as Secretary to the Panel. The professional standard that sets REALTORS® apart from other real estate licensees is the REALTORS® pledge to abide by the Code of Ethics. The Code of Ethics of the National Association of REALTORS® sets forth a REALTOR®’s obligation to clients and customers, to the members of the public and to one another. A portion, or all, of each party’s deposit, may be retained by the Panel to cover the costs incurred by the Panel up to the point of the settlement of the dispute. All notices required in this procedure will be made by personal service or certified mail, return receipt requested or by email if a board/association has adopted electronic notification.
Along with the reply, the respondent shall submit a deposit of $500 when the dispute is submitted to NYSAR. The deposit may be returned or may be retained by the board/association to be used toward the cost of the arbitration hearing The Executive Officer shall send a copy of the response not sooner than fifteen days nor later than twenty-one days after mailing notice to the respondent of the request for arbitration. If a member fails to comply with an award, the recipient to whom the award has been rendered by the Arbitration Panel shall be advised by the Hearing Panel to seek judicial enforcement and request reimbursement of all legal costs incurred in seeking judicial enforcement.
If a majority of the members of the Panel find any automatic ground of disqualification to be present or find any other facts which in their judgment may prevent the member from rendering an impartial decision, or appear to do so, he/she shall stand disqualified. All requests for arbitration must be filed within one hundred eighty days after the facts constituting the arbitrable matter could have been known in the exercise of reasonable diligence, whichever is later. See Section 47 Code of Ethics and Arbitration Manual. While the Code of Ethics and Standards of Practice of the National Association establish objective, enforceable ethical standards governing the professional conduct of REALTORS®, it does not address issues of courtesy or etiquette.
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