General Instructions and Information for Filing and Replying to Arbitration Requests: 

1. Arbitration Request must be typewritten and submitted with 8 copies.  The request and supporting documentation must have each page numbered.  Any reply must be typewritten and submitted with 8  copies and must have each page numbered.  Additional copies of the Arbitration Request and reply should be furnished by the complainant and respondent as requested by the Professional Standards Administrator.  If the complainant is a member of the public, extra copies of the Arbitration request are not required.  Arbitration Requests are Broker to Broker (Designated REALTOR®).  Agents involved can be cited on the request, however, the complainant and respondent must be the Designated REALTORS®.

2. Arbitration Requests will be referred to the Association Professional Standards Administrator (or Executive Officer), and by the PS Administrator to the Chairperson of the Grievance Committee. If the Grievance Committee finds the matter to constitute a proper cause of action, it will be referred to the PS Administrator to arrange a hearing; if not found to constitute a proper cause of action, it will be returned to the complainant with the decision of the Grievance Committee, together with information advising the complainant of the procedures by which the Grievance Committee’s decision may be appealed to the Board of Directors.

3. If there is to be a hearing, respondent will have fifteen (15) days after service of copy of the Arbitration Request to reply. Copy of reply will be sent to complainant, the Association President, and the Professional Standards Committee Chairperson.  The date of hearing will be set and all parties will be notified of the date and place of hearing at least twenty-one (21) days in advance.

4. If no response is filed to the Arbitration Request within the time allotted, the Grievance Committee shall make its determination as to whether an arbitration hearing should be scheduled based upon the information set forth in the request. Complainant and the Association President will be advised that no reply has been filed.

5. All parties may be represented by legal counsel, provided that notice of intention to be represented is transmitted to all other parties and to the Hearing Panel at least ten (10) days prior to the hearing. Failure to provide timely notice may result in a continuance of the hearing.

6. It is the responsibility of each party to arrange for his/her witnesses to be present at the hearing.

7. Either party may file with the PS Administrator, within ten (10) days from the date the names of the members of the Professional Standards committee are mailed to the parties, a written request for disqualification of any potential member of the Hearing Panel for any of the following reasons:
   (a)    Is related by blood or marriage to either complainant or respondent.                                             
   (b)   Is an employer, partner, or employee, or in any way associated in business with either complainant or respondent.
   (c)     Is a party to the hearing, or a party or a witness in another pending case involving complainant or respondent.
   (d)    Knows any reasons acceptable to the Hearing Panel or tribunal which may prevent him/her from rendering an impartial decision.

1. The notice of hearing will contain names of members of the tribunal who will hear the case and should be accompanied by an “Outline of Procedure for Arbitration Hearing.”

2. The parties shall not discuss the case with any member of the Hearing Panel or the Board of Directors at any time prior to the announcement of a decision in the case.

3. No hearing will be held in the absence of a complainant. An arbitration hearing may proceed in the absence of the respondent.