Due Process
  The due process rights of participants guaranteed in the professional   standards process include notice of a complaint and response, time to   prepare a defense, continuance for good cause, opportunity to challenge   members of hearing panel, right to attorney or non-attorney representation   (upon notice), right to call and question witnesses, right to testify in own   behalf, and notification of the decision.

  Professional Standards Committee
  - The Association has a standing Professional Standards Committee whose   function is conducting arbitration hearings and other disciplinary hearings.
  - The majority of the committee members are licensed real estate brokers.   There is a minimum of nine committee members, who hold staggered three   year terms.

  Grievance Committee
  - The Association has a standing Grievance Committee whose function is to   do a "paper review" of disciplinary complaints to screen out frivolous   complaints to prevent abuse and harassment and to assure complaints are   properly framed. It does not screen arbitration requests. Grievance   Committee "paper review" is the first step in the Disciplinary Hearing   process; there is no fact finding, interviews or hearings; the complaint is   either dismissed or referred for a Disciplinary Hearing.
  - The majority of the committee members are licensed real estate brokers.   There is a minimum of five committee members, who hold staggered three   year terms. The Grievance Committee does not hold hearings or make   decisions regarding violations.

  Hearings
  - A hearing tribunal is comprised of an odd number of members (usually 3).   Members may be from either the Professional Standards Committee or the   Grievance Committee, depending on whether it is an arbitration or a   disciplinary hearing, or selected from a panel shared with other associations   pursuant to an agreement, or from panelists selected by C.A.R.. A majority   of tribunal members must be licensed real estate brokers. One tribunal   member must be a salesperson if the respondent is a salesperson. A   non- REALTOR® MLS participant or subscriber may request a   non-  REALTOR® be on the tribunal, subject to the requesting party   paying the associated costs. Upon receipt of list of potential members,   challenges for cause may be made.
  - Before the hearing, each tribunal member certifies in writing there is no   reason for disqualification, such as being a party, related to a party,   employed by, or a business associate of a party to the dispute.
  - The Association makes an official tape recording of the hearing and   maintains it for 21 days. Deliberations are not taped.
  - All participants must keep the proceedings and the decisions confidential,   subject to limited exceptions.

  Arbitration
  - Arbitration is used to resolve monetary disputes arising out of the real   estate business. Disciplinary sanctions are not imposed in arbitration   hearings. If there is a related disciplinary complaint, arbitration is first held,   then a disciplinary complaint is filed. Arbitration is a form of Alternative   Dispute Resolution ("ADR") that is recognized and encouraged by the State   Legislature and Courts. Members of the Association agree, as a condition   of membership, to submit disputes to arbitration.
  - Arbitration is initiated by a written request (Complaint) to the Chief   Executive Officer of the Association within 180 calendar days of the close   of escrow or after facts could have, in the exercise of reasonable diligence,   been known. N.A.R. and C.A.R. printed forms are available http://www.car.org/ or http://nar.realtor.com/
  - The filing fee for an arbitration complaint is $500.00.
  - The Chief Executive Officer upon receipt of the complaint may advise the   parties that mediation is available.
  - The Grievance Committee reviews the complaint and advises the parties if   the matter is arbitrable and that mediation procedures are available.
  - The Broker at the time the money was owed must be included as a party.
  - Notice of the request to arbitrate is mailed to the respondent; a written   response is not required, but respondent is obligated to arbitrate with or   without a response
  - Respondent may file a counter claim ; a counter claim is required for   respondent to receive a monetary award for money other than the subject   of the original complaint; costs are recoverable by prevailing party without a   counter claim
  - Hearing is scheduled.
  - Parties voluntarily exchange evidence; if dispute exceeds $50,000 a list of   all witnesses and evidence must be exchanged prior to the hearing.
  - Parties may request Chief Executive Officer to issue subpoenas for   witnesses which party is responsible for serving.
  - Hearing is conducted; strict evidence rules do not apply.
  - Complaining party must appear to conduct a hearing; hearing must be   conducted to render an award.
  - Responding party's failure to appear does not prevent hearing from   proceeding and an award being rendered.
  - N.A.R. and C.A.R. printed forms are available.

  Discipline
  - Discipline proceedings are used to impose sanctions for alleged violations   of or failures to conform to the specific professional standards of the   N.A.R. Code of Ethics, the Association's Bylaws, Constitution, or Rules   and Regulations, or the MLS rules.
  - Discipline complaints go through a 3 tier process.

  Tier One -- Discipline proceedings are initiated by a Member, nonmember,   or the Grievance Committee, by filing a complaint with the Grievance   Committee. Time to file is 180 days after the facts could have, with   reasonable diligence, been known. The parties are the complainant and the   respondent and may also include the REALTOR® principal, respondent's   MLS participant at the subject time. N.A.R. and C.A.R. printed forms are   available http://www.car.org/ or http://nar.realtor.com/.
  There is no fee for filing a discipline complaint.
  A "paper review" is conducted -- there are no fact finding, interviews of   parties, or due process hearing.
  The Grievance Committee may:
         Dismiss the complaint if the alleged facts do not support the claim,
         Refer the complaint for a disciplinary hearing, or
         Refer the complaint for an arbitration hearing if the matter involves a          monetary dispute
 

  Tier Two -- Disciplinary hearing is held.
  Grievance Committee may become the complainant if the complainant fails   to appear. Responding party's failure to appear does not prevent hearing   from proceeding. Evidence is presented; subpoenas are not available.   Recommendation made, based on findings of facts, for either:
  No violation, or Discipline, which can be:
       a letter of warning
       a letter of reprimand
       a fine
       required attendance at an ethics, MLS, or other appropriate course
       probation
       suspension of membership in Association
       expulsion of member from Association
       referral to the Department of Real Estate
       administrative processing fee if violation found.

  Tier Three - Director review of the hearing results
  Ratification by Directors is required before the decision or sanction   becomes final. Review of findings of fact and recommendations may be   requested within 20 days based on misapplication or misinterpretation of   the Code of Ethics due process or procedural deficiency unwarranted   discipline. Following review, the recommendations can be adopted or   modified, the matter dismissed, or the matter referred for a rehearing.

  Mediation
  - Mediation is an entirely voluntary alternative dispute resolution method   that is available to parties to an arbitration dispute. Mediation provides an   opportunity for the parties to come together in an informal setting to resolve   their differences amicably without the time and expense of a formal   arbitration proceeding. It is not required and is not intended as a substitute   for arbitration.
  - The Chief Executive Officer may ask the parties to consider mediation   when the complaint is received
  - The Grievance Committee, upon its review of the complaint, may advise   the parties that mediation procedures are available.
  - The complainant submits a request for mediation http://www.car.org/ or   http://nar.realtor.com/
  - Upon agreement by the parties, a mutually agreeable date, time and place   will be arranged for mediation before an experienced qualified and impartial   mediation officer
  - A party may withdraw from the mediation process at any time
  - If the mediation successfully reaches a resolution of the dispute, a   mediation resolution agreement will be prepared and signed by the parties   binding them to the resolution set forth and waiving all future right to submit   the dispute to arbitration
  - If the mediation is unsuccessful, the mediation officer may recommend a   resolution at the conclusion of the mediation; if a party rejects the   suggestion, or if no response to the recommendation is received, the   mediation officer will advise the Board that the mediation has terminated   without a resolution
  - Following unsuccessful mediation, the request for arbitration will proceed   to hearing.