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An Ethics Hearing is initiated by the filing of a complaint in writing with the Greater Las Vegas Association of REALTORS©. The matter is then assigned to the Grievance Committee. The Committee may require a written response from the respondent. If the Committee concludes the facts appear to indicate a possible violation of the Code of Ethics, the matter is referred to the Professional Standards Committee for a hearing by an Ethics Hearing Panel. At the hearing, each party presents their evidence and testimony in support of or in defense of the allegations in the complaint. Cross-examination of witnesses is also permitted. Both the complainant and the respondent may retain an attorney to represent them.
Before the hearing. The attorney can assist a complainant to ensure the Grievance Committee does not dismiss a complaint because it is vague or ambiguous. Respondent’s counsel will help in determining if the complaint should have been dismissed because the facts constituting the matter complained of were known or could have been known in the exercise of reasonable diligence within 180 days of the filing the complaint. Moreover, the attorney will provide a legal assessment of the specific articles cited in the complaint and provide invaluable assistance in providing a response.
During the hearing. If you represent yourself, you will have to try to do two things at the same time. As a witness you will be trying to make sure your side of the story is told. However, you will also need to make sure the procedure is fair, proper objections are made, and that you are getting a chance to “make a record” and introduce all your evidence in the event you have to appeal the case. This is not as easy as it seems and the pressure of the hearing can easily cause you to make mistakes as you juggle both of these roles.
After the decision. Either the complainant or the respondent in an ethics hearing may file an appeal within twenty (20) days after the decision of the Hearing Panel is final. However, even prior to the appeal, a party may file a Petition for Rehearing which includes a summary of the new evidence, a statement of what the new evidence is intended to show and how it might affect the Panel’s decision, and an explanation of why the petitioner could not have discovered and/or produced the evidence at the time of the original hearing. An experienced attorney can assist you in determining the existence of any procedural deficiencies or other lack of procedural due process.
Ready for effective, immediate action for your real estate matter? Contact Drizin Law at 702-798-4955 to speak with an attorney today.