Bay Area Real Estate Information Services, Inc.

Exhibit A-1
Citations for Rules and Regulations Violations

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Rules & Regs

Rules & Regulations
Section No.

Violation Summary

Amount

7.3, 7.4, 7.5, 12.1

Permitting unauthorized use of login and password. First offense = Fine; Second offense = Termination of Access

$1,000

9.5

Filing a listing in more than one category or in more than one territory without obtaining pre-approval from BAREIS.

$100

9.7

Failure to enter a listing before the three-Business Day deadline. 

 $500*

9.8

Failure to file an excluded listing certification before the three-Business Day deadline.

9.6, 9.15, 9.19, 9.20

$500*

9.9

$250

9.10, 9.11

$100
 

9.12

Failure to specify any special condition of any term in a listing in the confidential remarks.

9.14

$500

9.15

 $500*

9.17

$500*

9.18

Failure to obtain authorization to enter a comparable listing.

$100

9.21

$500*

10.1, 10.3

$500

10.2

$250

12.1-12.5

$100
Per Listing

13.1-13.6

$100
Per Listing

$100
Per Listing

$500

$500

$500

$1,000

*    Increases for each offense beyond the first in a 12-month period. Example:  First offense = $500; Second offense = $750; Third offense = $1,000.

**    Increases for each offense beyond the first in a 12-month period. First offense = $250; Second offense = $500; Third offense = $1,000 and possible termination of membership.

***  Please refer to the related forms and information on MLS:  click on Links, Links & Documents, BAREIS Forms & Lists Help Desk:

This “Citation and Appeals Policy” is implemented pursuant to the Bay Area Real Estate Information Services, Inc. (“BAREIS”), MLS Rules and Regulations, Regulation 16, “Violations of Rules and Regulations,” and covers the violations outlined in Exhibit A-1, “Citations for Rules and Regulations Violations.”  The Citations may be amended at any time and from time to time by the Board.
(10/27/06)

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 Request for Appeal 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)

5.  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)