Upon being contacted, NEFAR's Professional Standards Administrator will determine if the person against whom the complaint is being lodged is an active NEFAR member. NEFAR can administer the ethics complaint process only against its active members.
After assuring active membership of the Realtor, you will be mailed an Ethics Complaint form and a copy of the Code of Ethics.
You are responsible for reading the Code of Ethics to determine which Article or Articles of the Code you believe have been violated.
After completing the Ethics Complaint form, you return it to NEFAR's Professional Standards Administrator along with a letter explaining the situation and how each Article you've cited may have been violated (Example: I/We feel Article _ was violated when (Realtor's name) did (activity in question) or failed to do (activity in question). You may also include any documentation that you wish to be taken into consideration.
When NEFAR's Professional Standards Administrator receives your ethics complaint, a copy of it is sent to the Respondent(s).
The Respondent(s) are provided with a deadline in which to submit their reply to NEFAR.
NEFAR's Grievance Committee meets monthly to determine if there is sufficient evidence to warrant a hearing of each ethics complaint filed. If your complaint exhibits sufficient evidence to warrant a hearing, it is forwarded to the Professional Standards Committee and a hearing is scheduled. If insufficient evidence exists, the ethics complaint can be dismissed. The Grievance Committee also has the authority to amend an Ethics Complaint, as they see fit, by adding or deleting Articles and/or Respondents.
When a hearing is warranted, they are typically scheduled a month to a month and a half out to allow an opportunity for the parties to arrange for witnesses and/or legal counsel, should they decide to do so.
Hearings are held before a selected panel from NEFAR's Professional Standards Committee (the "hearing panel").
At the conclusion of a hearing, the parties are excused. The hearing panel goes into a private session in which they render their decision to determine if any Articles of the Code of Ethics were violated. If there is a determination that the Code of Ethics were indeed violated, the hearing panel recommends the imposition of appropriate disciplinary action. Disciplinary action may include a letter of warning; a letter of reprimand; class or seminar attendance; an administrative fee of $250; a fine not to exceed $5,000; probation; suspension; or expulsion from NEFAR membership; and/or suspension or termination of the member's Multiple Listing Service rights and privileges. A written decision is drafted by the hearing panel.
The involved parties are provided with a copy of the decision and allowed an opportunity to appeal.
After an appeal deadline has lapsed, the decision is brought before NEFAR's Board of Directors for ratification. Upon ratification of the Decision, it becomes final.
