Process
1. Warnings
Certain
violations or repeat violations are not subject to a warning and/or may be
subject to immediate citation. For violations of the Rules and Regulations
that are subject to a warning, the member will be given the warning to
correct the violation in writing via mail with a copy to the broker. A
copy will also be sent to the member via electronic mail or facsimile
transmission and/or agent notice via the MLS database. (10/27/06)
2. Citations
If a member fails to correct
the violation within the time allotted in the warning, the citation for
the offense will be issued and will become due and payable.
(10/27/06)
3. Citation Payment
If the
Member fails to pay the citation within the initial seven-day period, the
citation balance will be added to the Member’s account. The total balance
must be paid by the next statement due date, or all MLS privileges will
terminate for that Member. (10/27/06).
4. Member Request for Appeal
Pursuant to Regulation 16.1, “Citations,” of the Rules and Regulations, a
BAREIS Member may request an appeal for a Rules and Regulations violation
citation to the Rules and Regulations Committee. If the Member desires to
appeal the citation, the Member must pay the citation and provide
documentation together with a letter explaining the reasoning for the
appeal to BAREIS. The request for appeal must be received by BAREIS within
14 days of the Notice of Citation letter date (date postmarked or date of
notification by electronic mail, facsimile transmission, and/or agent
notice). (10/27/06)
5. Member Requested Appeal Hearing
If a
member requests Member timely makes a
complete request to appeal the decision of the
Rules and Regulations Committee, the member may request as
provided by Paragraph 4 of this Exhibit B, the Member shall be entitled to
a final hearing by an Appeals Panel of the Board of
Directors of BAREIS, which Appeals Panel shall consist of three
Members of the
Board of Directors, who
shall be appointed by and who shall serve at the pleasure of the Chair of
the Board of Directors.
In consideration of the member’s request and at the At the
sole discretion of the
Board of Directors, the Board Appeals Panel, the Appeals Panel may
either hear the appeal by reviewing documentation only, or request the
personal appearance of the member appealing Member.
The decision of the Board any two members of the
Appeals Panel shall be final. (2/15/08)
6. Board
Initiated Hearing
If a
Member incurs three Rules and Regulations warnings of violations requiring
corrections, or actual citations within a 12-month period, BAREIS Board of
Directors may call a hearing to review termination of BAREIS membership
pursuant to Regulation 16.4, “Procedures for Disciplinary Hearings.” The
member will have the right to appear in person at the hearing. (10/27/06)
Definition of
Termination of MLS Privileges
All services of the MLS shall terminate, including access to the MLS
Database, lockbox privileges and technical support. No new listings or
extensions of current listings shall be allowed into the MLS Database.
All change orders for pre-existing listings shall be in writing and
mailed, sent by facsimile, emailed or hand-carried to the appropriate
BAREIS Service Center to be sent to BAREIS for input into the MLS
Database. An unpaid citation levied on a Participant resulting in
termination of services extends to all Subscribers affiliated with that
Participant. (10/27/06) |