The Knoxville Area Association of REALTORS®
609
Weisgarber Road, Knoxville, Tennessee
37919
Professional
Standards Procedures
The Pre-Hearing
· The Professional Standards Secretary and the Association Executive Vice President make the
pre-hearing preparation and
- select the hearing panel
- arrange a Hearing Date and Time with the Hearing Panel Chairman
- give proper Notices to all parties involved
- prepare copies of documents for all parties involved
The Hearing
· The Association Executive Vice President will
- make the proper room arrangements
- operate the recording equipment
- be present to ensure the procedural conduct of the Hearing
- make certain the Chairman and Panel are prepared
· The Hearing Panel and Chairman will meet immediately prior to the Hearing to
- review the Professional Standards Rules and Procedures
- sign the “Qualification Form”
- assure that there are no potential conflicts that would prevent an "impartial panel”
- review the documents and materials provided
· The Parties are responsible to
- be on time
- be prepared
- know the process and procedures
- review all documents
- bring prepared witnesses
- bring counsel of choice
- show respect for the Hearing Panel
- be responsible for your conduct and the conduct of your counsel and witnesses
- bring any additional evidence and exhibits
- know the elements of your case
- read the applicable Articles and Standards of Practice
- plan question in advance with a particular objective in mind
- be formal, precise and respectful
· The Association is responsible for Due Process in all Professional Standards Hearings and must
ensure that:
- the proper procedure are followed as per the Code of Ethics and Arbitration Manual
- proper notification has been given to all Parties
- all Parties know the nature of the matter to be heard
- Respondents have been provided an opportunity to prepare a defense
- all Parties have been informed of their right to call witnesses
- all Parties have been given an opportunity to have witnesses
- all Parties have the opportunity to present evidence
- all Parties have the opportunity to cross examine the other Parties’ witnesses
- all Parties have been informed of their right to have counsel ( Legal or a fellow REALTOR® )
- all Parties have been provided an impartial Hearing Panel
- the proceedings are electronically recorded
· The Panel Chairman will
- call the Hearing to Order and Read the Official Opening Statement
- allow each party to present his case
- be the keeper of the exhibits
- rule on the admissibility of evidence
· The Claimant will
- state his case
- call his witnesses
- present his evidence and exhibits
- be cross examined by the Respondent and Hearing Panel
- be provided an opportunity to make a closing statement
· The Respondent will
- state his case
- call his witnesses
- present his evidence and exhibits
- be cross examined by the Respondent and Hearing Panel
- be provided an opportunity to make a closing statement
· The Hearing Panel will, after hearing the presentations of both the Claimant and Respondent,
- adjourn to an executive session to reach their decision using “preponderance of the
evidence” as the standard of proof
· The Association will
- give notice of the hearing Panel’s decision to all parties
- provide for an appeal of the decision
- forward requests appeals to the Board of Directors
- assist the Board of Directors in conducting appeals
- give final notice to all parties
- assist the award recipient in collecting his award by Judicial Enforcement
Mediation
Mediation of disputes is also offered by the Association to settle disputes prior to the Arbitration process.
Mediation is a voluntary procedure.
Mediation is facilitated by an trained Mediator.
The Mediator would try to get the parties to settle their dispute informally by agreeing to a resolution.
A resolution would be a written agreement to settle.