You are hereComposition, Powers and Duties of the Ethics and Counseling Committee, Its Divisions, Regional Panels, and Grievance Committees (1991)

Composition, Powers and Duties of the Ethics and Counseling Committee, Its Divisions, Regional Panels, and Grievance Committees (1991)

By admin - Posted on 15 December 2011

Organization: Appraisal Institute Visit Organization Page

Source: CSEP Library Visit Source Page

Date Approved:

January 1, 1991

Disclaimer: Please note the codes in our collection might not necessarily be the most recent versions. Please contact the individual organizations or their websites to verify if a more recent or updated code of ethics is available. CSEP does not hold copyright on any of the codes of ethics in our collection. Any permission to use the codes must be sought from the individual organizations directly.

Composition, Powers and Duties of the Ethics and Counseling Committee, Its Divisions, Regional Panels, and Grievance Committees

Composition, Powers and Duties of the Ethics and
Counseling Committee, Its Divisions, Regional Panels, and Grievance Committees

Effective January 1, 1991

ARTICLE I PURPOSE

The purpose of this Regulation is to:

(i) State, define and coordinate the powers and duties of the Ethics and Counseling Committee, the Divisions of the Ethics and Counseling Committee and the Regional Panels;

(ii) Establish uniform rules of procedure for the investigation, evaluation and routing of all information indicating that a Member or an Affiliate may have failed to observe the ethical requirements of the Appraisal Institute's Code of Professional Ethics or the requirements of the Appraisal Institute's Standards of Professional Appraisal Practice; may have been convicted of a serious crime committed prior to becoming a Member or an Affiliate; or may have knowingly made false statements, submitted false information, or failed to fully disclose information requested in an application for admission to candidacy;

(iii) Establish uniform rules of procedure governing disciplinary proceedings when it is alleged that a Member or an Affiliate has failed to observe the ethical requirements of the Appraisal Institute's Code of Professional Ethics; has been convicted of a serious crime committed prior to becoming a Member or an Affiliate; or has knowingly made false statements, submitted false information, or failed to fully disclose information requested in an application for admission to candidacy;

(iv) Establish uniform rules of procedure governing the appeal of proceedings conducted pursuant to this Regulation;

(v) Establish uniform rules of procedure governing review and counseling proceedings when it is alleged that a Member or an Affiliate
has failed to observe the requirements of the Appraisal Institute's Standards of Professional Appraisal Practice;

(vi) State and define the rights, duties and obligations of Members and Affiliates with respect to disciplinary proceedings conducted
pursuant to this Regulation and with respect to review and counseling proceedings conducted pursuant to this Regulation; and

(vii) Establish uniform rules of procedure governing appeals of automatic terminations of membership for failure to meet mandatory continuing education requirements.

(viii) Establish uniform rules of procedure governing professional practice cases that were under the Society of Real Estate Appraiser's Regulation No. 7 as of the close of business on December 31, 1990.

ARTICLE II

DEFINITIONS

As used in this Regulation, the following terms shall have the following meanings unless the context clearly indicates that another meaning is intended:

(i) Institute shall mean the Appraisal Institute, an Illinois not-for-profit corporation.

(ii) AIREA shall mean the American Institute of Real Estate Appraisers, an Illinois not-for profit corporation

(iii) Society shall mean the Society of Real Estate Appraisers, an Illinois not-for-profit
corporation.

(iv) Board of Directors shall mean the Board of Directors of the Appraisal Institute.

(v) Executive Committee shall mean the national Executive five Committee of the Appraisal Institute.

(vi) Member shall mean a Member of the Appraisal Institute.

(vii) Affiliate, for purposes of Regulation No. 6, shall mean a State-Accredited Affiliate of the Appraisal Institute or a candidate for membership in the Appraisal Institute.

(viii) Related Training Program shall mean the written or one-day training program of the Institute that is intended to acquaint members of the National Committee, the Divisions of the National Committee, and the Regional Panels with their responsibilities under Regulation No. 6.

(ix) Society's Regulation No. 7 shall mean the Regulation No. 7 of the Society of Real Estate Appraisers as amended in the Appendix to the
Appraisal Institute's Regulation No. 6.

(x) Code of Professional Ethics shall mean the Appraisal Institute's Code of Ethics or one of its predecessors (AIREA's Code of Professional Ethics, the Society's Code of Ethics, or the Society's Standards of Professional Conduct).

(xi) Standards of Professional Practice shall mean the Appraisal Institute's Standards of Professional Appraisal Practice or one of its predecessors in the AIREA or the Society.

ARTICLE III

ETHICS AND COUNSELING COMMITTEE

PART A. COMPOSITION AND MEETINGS

Section 1. Membership of Committee. The Ethics and Counseling Committee shall consist of a Chair, a Vice Chair and six (6) ex officio members, all of whom shall be Members in good standing. The six (6) ex officio members shall be the Chair of the Screening Policy Division, the Chair of the Ethics Administration Division, the Chair of the Appellate Division, the Chair of the Review and Counseling Division, the Director of Screening and the Vice Chair of the Appraisal Standards Board.

Section 2. Appointment and Tenure. The Chair and Vice Chair of the National Committee shall be appointed to the Committee by the President of the Appraisal Institute for a tenure of one (1) year commencing on January 1, with the approval of the Board of Directors at its first meeting of the calendar year. The appointment and tenure of each ex officio member of the National Committee shall be controlled by the Bylaws and Regulations of the Appraisal Institute relating to the office that qualifies such ex officio member for the National Committee. All business conducted by the National Committee shall be deemed valid regardless of the Board of Directors' subsequent actions with respect to approval of committee appointments. The Chair, Vice Chair and ex officio members of the National Committee shall be eligible for reappointment.

Potential appointees to the National Committee shall submit an Attestation and Verification form similar in substance to that described in this Regulation.

To be eligible to serve as a Member of the National Committee, a Member must have:

(a) taught or attended the Standards of Professional Practice Course or passed the Standards of Professional Practice examination at any time prior to appointment; and

(b) taught or attended the Standards of Professional Practice course or passed the Standards of Professional Practice course examination or taught or attended the one-day Standards of Professional Practice Update seminar within a period commencing three (3) years prior to the date the Member's term begins and ending 180 days subsequent to such date; and

(c) completed the related Training Program within a period commencing three (3) years prior to the date the Member's term begins and ending 180 days subsequent to such date.

As an alternative to the above three requirements, a Member who is appointed to the National Commit

Team for a term commencing in 1991, 1992, or 1993 shall be eligible to serve on the National Committee if the Member:

(a) taught or attended the Society's two-day Professional Practice Seminar offered between December 1, 1989, and December 31, 1990, or passed that seminar's examination, and
(b) completes the Appraisal Institute's one-day Training Program concerning Regulation No. 6, the Code of Professional Ethics, Supplemental Standards, and Guide notes within one year of the commencement of the member's term.

To be eligible to serve upon reappointment to the National Committee, (or upon appointment to the National Committee after serving as a member of a Division or a Regional Subcommittee), a member must have:

(a) taught or attended the Standards of Professional Practice course or passed the Standards of Professional Practice course examination; or

(b) taught or attended the one-day Standards of Professional Practice Update seminar; or

(c) certified to the Ethics and Counseling Committee Chair that he or she has studied a Synopsis of recent changes to Regulation No. 6, the Code of Professional Ethics and the Standards of Professional Practice, within a period commencing three (3) years prior to the date the Member's term begins upon reappointment to the National Committee and ending 180 days subsequent to such date.If a member appointed or reappointed to the National Committee fails to successfully complete the appropriate requirements as defined in this section within the specified time period, such member shall not be eligible to continue to serve on the National Committee.

Section 3. Vacancies. If a vacancy occurs with respect to an ex officio member of the National Committee, the President of the Appraisal Institute shall fill such vacancy in accordance with the Bylaws and Regulations of the Appraisal Institute relating to the office that qualified such ex officiomember for the National Committee. If a vacancy occurs with respect to any other member of the National Committee, the President shall fill such vacancy for the unexpired term and this interim appointment shall become effective immediately, provided, however, that if a meeting of the Board of Directors is held prior to the expiration of the interim appointee's term, then such interim appointment shall be submitted to the Board of Directors at such meeting for ratification and approval. If the Board of Directors shall fail to ratify and approve such interim appointment at such meeting, such interim appointment shall terminate and shall be of no further force and effect.

Section 4. Time and Place of Meetings. The National Committee shall meet during the Appraisal Institute's first quarter meetings each year. The National Committee shall also meet at such other times and places as may be designated by the Board of Directors, the national Executive Committee, or the President of the Appraisal Institute.

PART B. POWERS AND DUTIES

Section 1. Supervision of Peer Review Activities. The National Committee shall exercise general supervision and control over the administration of all peer review proceedings of the Appraisal Institute. This general supervision and control shall include, but shall not be limited to, all disciplinary proceedings taken to enforce the Appraisal Institute's Code of Professional Ethics and all review and counseling proceedings taken to implement the Appraisal Institute's Standards of Professional Practice and all peer review proceedings in the Professional Practice Division.

The general supervision and control over peer review activities exercised by the National Committee shall be exercised in conformity with general policy guidelines established by the Board of Directors and the Executive Committee. No peer review activities or programs that involve a financial commitment shall be commenced by the National Committee unless such financial commitment is an approved item in the budget of the Appraisal Institute or has received prior approval of the national Executive Committee.

Section 2. Approval of Rules. All procedural rules prepared for adoption by any Division of the National Committee shall be submitted to the National Committee for review and shall not become effective until approved by the National Committee.

Section 3. Termination of Pending Matters. The National Committee shall have the power to terminate any pending peer review investigation or disciplinary proceeding when, in the opinion of the National Committee, further proceedings under this Regulation would be inappropriate or would serve no useful purpose due to the serious or extended physical or mental illness or disability of the Member or Affiliate involved. The National Committee shall also have the power to terminate any pending peer review investigation or disciplinary proceeding when it determines that (i) the actions or conduct of the Member or Affiliate involved in such peer review investigation or disciplinary proceeding were the subject of a closed case or are the subject of another pending case; (ii) the continuation of the peer review investigation or disciplinary proceeding would violate the civil or criminal law of the jurisdiction in which such matter is pending; or (iii) the continuation of the peer review investigation or disciplinary proceeding would serve no useful purpose because procedural errors or decisions would make any disciplinary action unenforceable.

Section 4. Other Duties. The National Committee shall perform such other duties as may be assigned to it by the Board of Directors, the Executive Committee or the President of the Appraisal Institute.

PART C. DIVISIONS OF THE NATIONAL COMMITTEE

The National Committee shall organize and maintain the following as Divisions of the National Committee

1. Screening Policy Division.

2. Ethics Administration Division.

3. Appellate Division.

4. Review and Counseling Division.

5. Professional Practice Division.

ARTICLE IV

SCREENING POLICY DIVISION

PART A. COMPOSITION AND MEETINGS

Section 1. Membership of Division. The Screening Policy Division shall consist of a Chair, a Vice Chair and three (3) other members, all of whom shall be Members in good standing. One of the members of the Screening Policy Division, other than the Chair and Vice Chair, shall be experienced in the processing of disciplinary proceedings; one shall be experienced in the processing of review and counseling proceedings; and one shall be experienced in teaching Institute, AIREA, or Society courses or seminars.

Section 2. Appointment and Tenure. The Chair, Vice Chair and other members of the Screening Policy Division shall be appointed to the Division by the President of the Appraisal Institute, with the approval of the Board of Directors. All business conducted by the Screening Policy Division shall be deemed valid regardless of the Board of Directors' subsequent actions with respect to approval of Division appointments.

The Chair and Vice Chair of the Screening Policy Division shall be appointed to the Division for a term of one (1) year commencing on January 1. The other members of the Screening Policy Division shall be appointed to the Division for terms of approximately three (3) years with staggered expiration dates so that one-third of such tenures shall expire each year. Each such term shall commence on January 1 and expire on the third succeeding December 31. The Chair, Vice Chair, and all other members of the Screening Policy Division shall be eligible for reappointment to the Division.

Potential appointees to the Screening Policy Division shall submit an Attestation and Verification form similar in substance to that described in this Regulation.

To be eligible to serve as a member of the Screening Policy Division, a Member must have:

(a) taught or attended the Standards of Professional Practice course or passed the Standards of Professional Practice examination at any time prior to appointment; and

(c) completed the related Training Program within a period commencing three (3) years prior to the date the Member's term begins and ending 180 days subsequent to such date.

As an alternative to the above three requirements, a Member who is appointed to the Screening Policy Division for a term commencing in 1991,1992, or 1993 shall be eligible to serve on the Screening Policy Division if the Member:

(a) taught or attended the Society's two-day seminar offered between December 1, 1989, and December 31, 1990, or passed that semi national examination; and

(b) completes the Appraisal Institute's one-day Training Program concerning Regulation No. 6, the Code of Professional Ethics, Supplemental Standards, and Guide notes within one year of the commencement of the Member's term. To be eligible to serve upon reappointment to the Screening Policy Division, (or upon appointment to the Screening Policy Division after serving as a member of another Division, the National Committee, or a regional subcommittee), a member must have:

(a) taught or attended the Standards of Professional Practice course or passed the Standards of Professional Practice course examination; or

(b) taught or attended the one-day Standards of Professional Practice Update seminar; or

Chair that he or she has studied a Synopsis of recent changes to Regulation No. 6, the Code of Professional Ethics and the Standards of Professional Practice, within a period commencing three (3) years prior to the date the Member's term begins upon reappointment to the Screening Policy Division and ending 180 days subsequent to such date.

If a Member appointed or reappointed to the Screening Policy Division fails to successfully complete the appropriate requirements as defined in this section within the specified time period, such Member shall not be eligible to continue to serve on the Screening Policy Division.

Section 3. Vacancies. If a vacancy occurs in the membership of the Screening Policy Division, the President of the Appraisal Institute shall fill such vacancy for the unexpired term and such interim appointment shall become effective immediately, provided, however, that if a meeting of the Board of Directors is held prior to the expiration of the & appointee's term, then such interim appointment shall be submitted to the Board of Directors at such meeting for ratification and approval. If the Board (Directors shall fail to ratify and approve such internal appointment at such meeting & such interim appointment shall terminate and be of no further force and effect.

Section 4. Time and Place of Meetings. The Screen. Policy Division shall meet during the Appraisal Institute's first quarter meetings each year. The Screening Policy Division shall also meet at such other times and places as may be designated by the Ethics and Counseling Committee Chair or the Chair of the Screening Policy Division.

PART B. POWERS AND DUTIES

Section 1. Development of Screening Policies and Procedures. The Screening Policy Division shall develop and issue guidelines explaining (a) the policies, procedures and techniques to be followed in screening the information, statements or complaints received by the Appraisal Institute which indicate that a Member or an Affiliate may have failed to observe the ethical requirements of the Appraisal Institute's Code of Professional Ethics or the requirements of the Appraisal Institute's Standards of Professional Practice, (b) the policies and procedures to be followed in routing each file to the appropriate Division for processing in accordance with this Regulation, and (c) the policies and procedures to be followed in identifying those allegations of a violation of the Code of Professional Ethics which should not be processed by the Ethics Administration Division unless and until a final determination of the factual issues involved has been made by the appropriate civil or criminal court.

Section 2. Specific Assistance to Director of Screening. At the request of the Director of Screening & the Screening Policy Division shall consider a particular file and assist the Director of Screening in determining the appropriate action to be taken with respect to such file. If a member of the Screening Policy Division ascertains that he or she has a conflict of interest with respect to any matter referred to the Screening Policy Division, such member shall take no part in theconsideration of such matter.

Section 3. Evaluation of Screening Staff. The Screening Policy Division shall periodically review and evaluate the decisions and actions taken by the Screening Staff to determine whether or not the decisions and actions of the Screening Staff are consistent with the screening policies established by the Screening Policy Division.

Section 4. Other Duties. The Screening Policy Division shall perform such other duties as may be assigned to it by the Ethics and Counseling Committee Chairman

ARTICLE V

ETHICS ADMINISTRATION DIVISION

PART A. COMPOSITION AND MEETINGS

Section 1. Membership of Division. The Ethics Administrator Division shall consist of a Chair, a Vice Chair and one Regional Member from each of the regions as may be established from time to time by the Board of Directors. The Chair, Vice Chair, and Regional Members of the Ethics Administration Division shall be Institute Members in good standing.

At the discretion of the President, the President may also appoint one or more Assistant Regional Members for any Region of the Appraisal Institute. An Assistant Regional Member shall be appointed for a term of approximately three years. If there is more than one Assistant Regional Member in one Region, their terms shall be staggered. Each such Assistant Regional Member shall be a Member in good standing.

Section 2. Appointment and Tenure. The Chair, Vice Chair and other members of the Ethics Administration Division shall be appointed to the Division by the President of the Appraisal Institute with the approval of the Board of Directors. All business conducted by the Ethics Administration Division shall be valid regardless of the Board of Directors' subsequent actions with respect to approval of Committee appointments.

The Chair and Vice Chair of the Ethics Administration Division shall be appointed to the Division for a term of approximately one (1) year commencing on January 1. The other members of the Ethics Administration Division shall be appointed to the Division for terms of approximately three (3) years with staggered expiration dates so that approximately one-third of such terms shall expire each year. Each such term shall commence on January 1 and expire on December 31 of the third succeeding calendar year. ne Chair, Vice Chair and all other members of the Ethics Administration Division shall be eligible for reappointment to the Division.

Potential appointees to the Ethics Administration Division, as well as potential appointees to be Assistant Regional Members, shall submit an Attestation and Verification form similar in substance to that described in this Regulation.

To be eligible to serve as Member of the Ethics Administration Division, a Member must have:

(a) taught or attended the Standards of Professional Practice course or passed the Standards of Professional Practice examination at any time prior to appointment; and

(c) completed the related Training Program within a period commencing three (3) years prior to the date the Member's term begins and ending 180 days subsequent to such date.

As an alternative to the above three requirements, a member who is appointed to the Ethics Administration Division, or as an Assistant Regional Member, for a term commencing in 1991, 1992, or 1993 shall be eligible to serve on the Ethics Administration Division or as an Assistant Regional Member, if the Member:

(a) taught or attended the Society's two-day Professional Practice Seminar offered between December 1, 1989, and December 31,1990, or passed that seminar's examination; and

To be eligible to serve upon reappointment to the Ethics Administration Division, (or upon appointment to the Ethics Administration Division after serving as a member of another Division, the National Committee or a Regional Subcommittee), a member must have:

(a) taught or attended the Standards of Professional Practice course or passed the Standards of Professional Practice course examination or

(b) taught or attended the one--day Standards of Professional Practice Update seminar; or

(c) certified to the Ethics and Counseling Committee Chair that he or she has studied a synopsis of recent changes to Regulation No. 6, the Code of Professional Ethics, and the Standards of Profes sional Practice, within a period commencing three (3) years prior to the date the Member's term begins upon reappoint ment to the Ethics Administration Division and ending 180 days subsequent to such date.

If a Member appointed or reappointed to the Ethics Administration Division, or as Assistant Regional Member, fails to successfully complete the appropriate requirements as defined in this section within the specified time period, such Member shall not be eligible to continue to serve on the Ethics Administration Division.

Section 3. Vacancies. If a vacancy occurs in the membership of the Ethics Administration Division, the President of the Appraisal Institute shall fill such vacancy for the unexpired term and such interim appointment shall become effective immediately, provided, however, that if a meeting of the Board of Directors is held prior to the expiration of the interim appointee's term, then such interim appointment shall be submitted to the Board of Directors at such meeting for ratification and approval. If the Board of Directors shall fail to ratify such interim appointment at such meeting, such interim appointment shall terminate and be of no further force and effect.

Section 4. Time and Place of Meetings. The Ethics Administration Division shall meet during the Appraisal Institute's first quarter National meetings each year. The Ethics Administration Division shall also meet at such other times and places as may be designated by the Ethics and Counseling Committee Chair or the Chair of the Ethics Administration Division.

PART B. POWERS AND DUTIES OF THE CHAIR OF THE ETHICS ADMINISTRATION DIVISION RELATING TO ETHICAL RULE 5-2

If the Chair of the Ethics Administration Division has received from the Director of Screening a referral of a matter concerning Ethical Rule 5-2 (or its predecessors) of the Appraisal Institute's Code of Professional Ethics, and

(a) if the Chair determines that, in his or her view, the Member or Affiliate has used or referred to the Appraisal Institute or its professional designations in a manner that is misleading, or has used the registered marks, logos, or emblems of the Appraisal Institute in a manner contrary to Regulation No. 5, the Chair of the Ethics Administration Division shall promptly notify the Member or Affiliate that such violations must cease.

(i) If the Chair of the Ethics Administration Division receives proof that the Member or Affiliate has corrected the violation, the Chair shall mark the file "CLOSED" and shall deliver the file to the Secretary of the Ethics Administration Division at the National Headquarters of the Appraisal Institute.

(ii) If the Member or Affiliate fails or refuses to correct such violations, the Chair of the Ethics Administration Division shall refer the matter to the Ethics Administration Division for assignment to the appropriate Regional Member and for processing in accordance with this Regulation. ne Chair of the Ethics Administration Division shall also notify the Member or Candidate of such file referral.

(b) if the Chair of the Ethics Administration Division determines that there has -not been a violation of Ethical Rule 5-2 (or its predecessors), the Chair shall mark the file "CLOSED" and shall deliver the file to the Secretary of the Ethics Administration Division at the National Headquarters of the Appraisal Institute. The Chair of the Ethics Administration Division may designate the Vice Chair to be responsible for the processing of a file referred to the Chair pursuant to Article VIII, Part D, Section 5. The Vice Chair shall have the powers and perform the duties of the Chair with respect to such matter.

PART C. POWERS AND DUTIES OF THE ETHICS ADMINISTRATION DIVISION

Section 1. Initiation and Administration of Peer Review Investigations and Disciplinary Proceedings. The Ethics Administration Division shall have general responsibility for the initiation and administration of peer review investigations and disciplinary proceedings under this Regulation. It shall also review the effectiveness of the procedures governing disciplinary proceedings under this Regulation and make recommendations to the National Committee with respect to proposed changes. Each Assistant Regional Member shall attend such meetings of the Ethics Administration Division and perform such duties as may be specifically assigned to such Assistant Regional Member by the Chair of the Ethics Administration Division or the Regional Member from his or her Region.

Section 2. Maintenance of Files. The Ethics Administration Division shall maintain a file relating to each matter referred to it by the Screening Staff.

Section 3. Uniform Procedure Manual. The Ethics Administration Division shall prepare (and amend from time to time as required) a Procedure Manual governing disciplinary procedures under this Regulation. A copy of the current Procedure Manual shall be furnished to each member of a Regional Panel who is appointed to a Grievance Committee or a Hearing Committee. The Procedure Manual prepared by the Ethics Administration Division may include both prescribed and suggested forms for the use of Grievance Committees and Hearing Committees. Such Procedure Manual may also set forth both administrative and procedural guidelines for conducting peer review investigations and disciplinary proceedings under this Regulation in situations that are not expressly covered by this Regulation.

Section 4. Selection of Grievance Committee. Upon receipt by the Ethics Administration Division of each new matter referred to it by the Director of Screening or the Chair of the Ethics Administration Division, the new file shall promptly be assigned to the Regional Member of the Ethics Administration Division from the Region in which the alleged violation of the Code of Professional Ethics took place. The Regional Member to whom a file is assigned for processing is referred to in this Regulation as "the Regional Member of the Ethics Administration Division in charge of the file."

If the term of any Regional Member of the Ethics Administration Division in charge of a file expires while such Regional Member is serving in this capacity and the work assigned to such Regional Member is incomplete, the file shall be assigned to the new Regional Member of the Ethics Administration Division from the Region in which the alleged violation of the Code of Professional Ethics took place.

The Regional Member of the Ethics Administration Division in charge of the file shall promptly appoint a Grievance Committee to process such file in accordance with the requirements of this Regulation. Except as provided in Article IX, the Grievance Committee shall be appointed from the Regional Panel of the Region in which the alleged violation took place. In addition, except as provided in Article IX, if the subject of the file is an appraisal of one to four unit residential property, the Regional Member in charge of the file shall appoint members of the Grievance Committee from those members of the Regional Panel who work close to the local area of the alleged violation, if such members are available and do not have a conflict of interest.

If for any reason the Regional Member of the Ethics Administration Division to whom a file is referred shall have a conflict of interest or be biased in favor of or prejudiced against the Member or Affiliate involved, or shall be unable or unwilling to carry out his or her duties under this Regulation with respect to such file, the Chair of the Ethics Administration Division shall designate the Vice Chair or another member of the Ethics Administration Division to be responsible for the processing of the file in accordance with the requirements of this Regulation. In such case, the Vice Chair or other member of the Ethics Administration Division designated by the Chair to be responsible for a file shall be referred to herein as "the Regional Member of the Ethics Administration Division in charge of the file."

Section 5. Transmittal of File to Grievance Committee. When the Regional Member of the Ethics Administration Division in charge of a file has received an acceptance of appointment and a satisfactory Conflict of Interest Statement from the Chair and each member of the Grievance Committee, such Regional Member shall forward the file which is the subject matter of such appointment to the Chair of the Grievance Committee for processing in accordance with the requirements of this Regulation.

Section 6. Review and Processing of Grievance Committee Report and Proposed Grievance Committee Complaint. Upon receipt of the Grievance Committee Report, the Regional Member of the Ethics Administration Division in charge of the file shall review and process such Report in accordance with the requirements of this Regulation. Upon receipt of a proposed Grievance Committee Complaint, such Regional Member shall review and process such draft in accordance with the requirements of this Regulation.

Section 7. Selection of Hearing Committee. When a formal Grievance Committee Complaint has been approved by the Regional Member of the Ethics Administration Division in charge of the file, such Regional Member shall notify the immediate past Regional Chair of the Region in which the local chapter of the accused Member or Affiliate is located (the "Home Region") and such immediate past Regional Chair of the Home Region shall promptly appoint a Hearing Committee from the Regional Panel of the Home Region to process such Grievance Committee Complaint in accordance with the requirements of this Regulation.

If for any reason the immediate past Regional Chair of the Home Region shall be unable or unwilling to make this appointment, or if no immediate past Regional Chair exists, the Chair of the National Committee of Regional Chairs shall delegate either an individual who previously served as a Regional Chair in the Home Region, an immediate past Regional Chair from another Region, a past AIREA Regional Vice President from the Home Region, or a past Society District Governor from the Home Region for this purpose.

Section 8. Other Powers and Duties. The Ethics Administration Division shall have such other powers and duties as may be necessary to carry out the responsibilities specifically assigned to the Ethics Administration Division or its members by this Regulation.

ARTICLE VI

REVIEW AND COUNSELING DIVISION

PART A. COMPOSITION AND MEETINGS

Section 1. Membership of Division. The Review and Counseling Division shall consist of a Chair, a Vice Chair and one Regional Member from each of the regions as may be established from time to time by the Board of Directors. The Chair, Vice Chair, and Regional Members of the Review and Counseling Division shall be Institute members in good standing.

At the discretion of the President, the President may also appoint one or more Assistant Regional Members for any Region of the Appraisal Institute. An Assistant Regional Member shall be appointed for a term of approximately three years. If there are more than one Assistant Regional Members in one Region their terms shall be staggered. Each such Assistant Regional Member shall be a Member in good standing.

Section 2. Appointment and Tenure. The Chair, Vice Chair and other members of the Review and Counsel Division shall be appointed to the Division by the President of the Appraisal Institute with the approval of the Board of Directors. All business conducted by the Review and Counseling Division shall be valid regardless of the Board of Directors' subsequent actions with respect to approval of Division appointments.
The Chair and Vice Chair of the Review and Counseling Division shall be appointed to the Division for a term of one (1) year commencing on January 1. The other members of the Review and Counsel Division shall be appointed to the Division for tenures of approximately three (3) years with staggered expiration dates so that approximately one-third of such terms shall expire each year. Each such term shall commence on January 1 and expire on the third succeeding December 31. The Chair, Vice Chair, and all other members of the Review and Counseling Division shall be eligible for reappointment to the Division. Potential appointees to the Review and Counsel Division, as well as potential appointees to be Assistant Regional Members, shall submit an Attestation and Verification form similar in substance to that described in this Regulation. To be eligible to serve as a member of the Review and Counseling Division, a Member must have:

(a) taught or attended the Standards of Professional Practice course or passed the Standards of Professional examination at any time prior to appointment; and

(c) completed the related Training Program within a period commencing three (3) years prior to the date the Member's term begins and ending 180 days subsequent to such date.

As an alternative to the above three requirements, a member who is appointed to the Review and Counseling Division, or as an Assistant Regional Member, for a term commencing in 1991,1992, or 1993 shall be eligible to serve on the Review and Counseling Division, or as an Assistant Regional Member, if the Member:

(a) taught or attended the Society's two-day Professional Practice Seminar offered between December 1, 1989, and December 31, 1990, or passed that seminar's examination and

(b) completes the Appraisal Institute's one-day Training Program concerning Regulation No.6 the Code of Professional Ethics, Supplemental Standards, and Guide notes within one year of commencement of the Member's term.

To be eligible to serve upon reappointment to Review and Counseling Division, (or upon appointment to the Review and Counseling Division after serving as a member of another Division, the National Committee or a Regional Subcommittee), a member must have:

(a) taught or attended the Standards of Professional Practice course or passed the Standards of Professional Practice course examination; or

(b) taught or attended the one-,day Standards of Professional Practice Update seminar; or

(c) certified to the Ethics and Counseling Commission Chair that he or she has studied a Synopsis of recent changes to Regulation No. 6, the Code of Professional Ethics and the Standards of Professional Practice, within a period commencing three (3) years prior to the date the Member's term begins upon reappointment to the Review and Counseling Division and ending 180 days subsequent to such date.

If a member appointed or reappointed to the Review and Counseling Division, or as Assistant Regional Member, fails to successfully complete the appropriate requirements as defined in this section the specified time period, such member shall not eligible to continue to serve on the Review and Counseling Division.

Section 3. Vacancies. If a vacancy occurs in the membership of the Review and Counseling Division the President of the Appraisal Institute shall fill vacancy for the unexpired term and such interim appointment shall become effective immediately; provided, however, that if a meeting of the Board of Directors is held prior to the expiration of the appointee's term, then such interim appointment shall be submitted to the Board of Directors at such meeting for ratification and approval. If the Board Directors shall fail to ratify and approve such appointment at such meeting, such interim appointment shall terminate and be of no further force an effect.

Section 4. Time and Place of Meetings. The Revision and Counseling Division shall meet during the Appraisal Institute's first quarter meetings each The Review and Counseling Division shall also at such other times and places as may be designate by the Ethics and Counseling Committee Chair or Chair of the Review and Counseling Division.

PART B. POWERS AND DUTIES OF THE CHAIR OF THE REVIEW AND COUNSELING DIVISION RELATING TO IMPROPER CERTIFICATIONS

If the Chair of the Review and Counseling Division receives from the Director of Screening a referral of a matter concerning the certification requirements of the Standards of Professional Practice, and

(a) If the Chair determines that in his or her view, the Member or Affiliate has violated the certification requirements of the Standards of Professional Practice, then the Chair shall promptly send to the Member or Affiliate a Memorandum of Counsel stating which certification requirements of the Standards of Professional Practice were violated.

b) If the Member or Affiliate disagrees with the factual information or the substance of the counseling, such Member or Affiliate shall have the right to file a formal objection with the Chair of the Review and Counseling Division for a period of thirty (30) days after receipt of such Memorandum of Counsel.

If the Member or Affiliate files a formal objection within thirty (30) days, the Chair of the Review and Counseling Division shall refer the matter to the Review and Counseling Division for assignment to the appropriate Regional Member and for processing in accordance with this Regulation. The Chair shall notify the Member or Affiliate of such file referral.

(a) If the Member or Affiliate does not file a formal objection within thirty (30) days, the Chair of the Review and Counseling Division shall mark the file "CLOSED" and shall deliver the file to the Secretary of the Review and Counseling Division at the National Headquarters of the Appraisal Institute.

(b) If the Chair of the Review and Counseling Division determines that there has not been a violation of the certification requirements, the Chair shall mark the file "CLOSED"and shall deliver the file to the Secretary of the Review and Counseling Division at the National Headquarters of the Appraisal Institute.

The Chair of the Review and Counseling Division may designate the Vice Chair to be responsible for the processing of a file referred to the Chair pursuant to Article VIII, Part D, Section 6. The Vice Chair shall have the powers and perform the duties of the Chair with respect to such matter.

PART C. POWERS AND DUTIES OF THE REVIEW AND COUNSELING DIVISION

Section 1. Initiation and Administration of Review and Counseling Proceedings. The Review and Counseling Division shall have general responsibility for the initiation and administration of review and counseling proceedings under this Regulation. It shall also review the effectiveness of the procedures governing review and counseling proceedings under this Regulation and make recommendations to the National Committee with respect to any required changes.

Each Assistant Regional Member shall attend such meetings of the Review and Counseling Division and perform such duties as may be specifically assigned to such Assistant Regional Member by the Chair of the Review and Counseling Division or the Regional Member from his or her Region.

Section 2. Maintenance of Files. The Review and Counseling Division shall maintain a file relating to each matter referred to it by the Screening Staff.

Section 3. Uniform Procedure Manual. The Review and Counseling Division shall prepare (and amend from time to time as required) a Procedure Manual governing review and counseling proceedings under this Regulation. A copy of the current Procedure Manual shall be furnished to each member of a Regional Panel who is appointed to a Review and Counseling Committee.

Section 4. Selection of Review and Counseling Committee. Upon receipt by the Review and Counseling Division of each new matter referred to it by the Director of Screening or the Chair of the Review and Counseling Division, the new file shall promptly be assigned to the Regional Member of the Review and Counseling Division from the Region in which the local chapter of the Member or Candidate is located (the "Home Region"). The Regional Member to whom a file is assigned for processing is referred to in this Regulation as "the Regional Member of the Review and Counseling Division in charge of the file."

Except as provided in Article IX, the Regional Member of the Review and Counseling Division in charge of the file shall promptly appoint a Review and Counseling Committee from the appropriate Regional Panel to process such file in accordance with the requirements of this Regulation. In addition, except as provided in Article IX, if the subject of the file is an appraisal of a one-to-four unit residential property, the Regional Member in charge of the file shall appoint a Review and Counseling Committee from Regional Panel members who work close to local area if such members are available and do not have a conflict of interest.

If for any reason the Regional Member of the Review and Counseling Division to whom a file is initially referred shall be unable or unwilling to make this appointment, the Chair of the Review and Counseling Division shall designate the Vice Chair or another member of the Review and Counseling Division to make such appointment and be responsible for the processing of the file in accordance with the requirements of this Regulation. In such case, the Vice Chair or other member of the Review and Counseling Division designated by the Chair to be responsible for a file shall be referred to herein as "the Regional Member of the Review and Counseling Division in charge of the file."

Section 5. Transmittal of File to Review and Counseling Committee. When the Regional Member of the Review and Counseling Division in charge of a file has received an acceptance of appointment and a satisfactory Conflict of Interest Statement from the Chair and each member of the Review and Counseling Committee, such Regional Member shall forward the file which is the subject matter of such appointment to the Chair of the Review and Counseling Committee for processing in accordance with the requirements of this Regulation.

Section 6. Review and Processing of Review and Counseling Committee Report and Proposed Memorandum of Counsel. Upon receipt of the Review and Counseling Committee Report and any proposed Memorandum of Counsel, the Regional Member of the Review and Counseling Division in charge of the file shall review and process such Report and any such proposed Memorandum of Counsel in accordance with the requirements of this Regulation.

Section 7. Liaison with Education Committee and Publications Committee. The Review and Counseling Division shall periodically advise the Education Committees of the General and Residential Appraiser Boards of the Division's recommendations concerning possible areas of deficiency in appraisal training so that educational courses, seminars and publications can be revised or created to remedy such perceived areas of deficiency. The Review and Counseling Division shall also communicate its recommendations to the Publications Committee so that educational seminars and publications under the jurisdiction of the Publications Committee can be developed or utilized to remedy possible areas of deficiency.

Section 8. Other Powers and Duties. The Review and Counseling Division shall have such other powers and duties as may be necessary to carry out the responsibilities specifically assigned to the Review and Counseling Division or its members by this Regulation.

ARTICLE VII

APPELLATE DIVISION

PART A. COMPOSITION AND MEETINGS

Section 1. Membership of Division. The Appellate Division shall consist of a Chair, a Vice Chair and a member from each of the regions as may be established from time to time by the Board of Directors.

The Chair, Vice Chair, and members of the Appellate Division shall be Institute Members in good standing

Section 2. Appointment and Tenure. The Chair, Chair and other members of the Appellate Division shall be appointed to the Division by the President the Appraisal Institute with approval of the Board Directors. All business conducted by the Appellate Division shall be valid regardless of the Board of Directors' subsequent actions with respect to appropriate of Division appointments. The Chair and Vice Chair of the Appellate Division shall be appointed to the Division for a term of one (1) year commencing on January 1. The other members of the Appellate Division shall be appointed to the Division for terms of three (3) years with staggered expiration dates so that approximately one third of such terms shall expire each year. Each such term shall commence on January 1 and expire on the third succeeding December 31. The Chair, Vice Chair and all other members of the Appellate Division shall be eligible for reappointment to the Division. Potential appointees to the Appellate Division shall submit an Attestation and Verification form similar in substance to that described in this Regulation tion. To be eligible to serve as a Member of the Appealate Division, a Member must have:

(a) taught or attended the Standards of Professional Practice course or passed the Standards of Professional Practice examination at any time prior to appointment; and

(b) taught or attended the Standards of Professional Practice course or passed the Standards of Professional Practice course examination or taught or attended the one-day Standards of professions Practice Update seminar within a period commencing three (3) years prior to the date the Member's term begins and ending 180 days subsequent to such date; and

(c) completed the related Training Program within period commencing three (3) years prior to to date the Member's term begins and ending 180 days subsequent to such date.

As an alternative to the above three require a Member who is appointed to the Appellate Division for a term commencing in 1991,1992, or 1993 shall eligible to serve on the Appellate Division if the member:

(a) taught or attended the Society's two-day Professional Practice Seminar offered between December 1, 1989, and December 31, 1990, or passed the seminar's examination; and

(b) completes the Appraisal Institute's one-day training Program concerning Regulation No. 6, the Code of Professional Ethics, Supplemental
Standards, and Guide notes within one year of the commencement of the Member's term.

To be eligible to serve upon reappointment to the Appellate Division, (or upon appointment to the Appellate Division after serving as a member of another Division, the National Committee or a Regional Subcommittee a member must have:

(a) taught or attended the Standards of Professional Practice course or passed the Standards of Profes sional Practice course examination; or (b) taught or attended the one-day Standards of Professional Practice Update seminar; or
(c) certified to the Ethics and Counseling Committee Chair that he or she has studied a Synopsis of recent changes to Regulation No. 6, the Code of Professional Ethics and the Standards of Professional Practice, within a period commencing three (3) years prior to
the date the Member's term begins upon reappoint ment to the Appellate Division and ending 180 days subsequent to such date.

If a Member appointed or reappointed to the Appellate Division fails to successfully complete the appropriate requirements as defined in this section in the specified time period, such member shall not be eligible to continue to serve on the Appellate Division.

At the time of the Board of Directors' confirmation of a Member's appointment or reappointment to the Appellate Division, the Member shall also possess experience as a member of AIREA's Governing Council, the Society's Board of Governors, or the Appraisal Institute's Board of Directors, and as a member of one or more of the following: the Appraisal Institute's or AIREA's Ethics and Counseling Committee; AIREA's National Professional Standards Committee; AIREA's National Appraisal Review Committee AIREA's National Professional Ethics Committee; the Society's International Professional Practice Committee; the General or Residential Appraiser Board; the Admissions Committees of the General or Residential Appraiser Boards; AIREA's National Admissions Committee; the Society's General Admissions Committee; the Society's Analyst Admissions Committee the Society's SRA/SRPA Admissions Committee; the Education Committees of the General or Residential Appraiser Board; AREA'S National Education Committee; the Society's Educa tion Committee; the Appraisal Institute's or AREA'S national Admissions Appeal Board; or a Division of the Appraisal Institute's or AREA'S Ethics and Counseling Committee. Except as otherwise provided by this Regulation, no member of the Appellate Division may serve concurrently on the national Admissions Appeal Board or in any other capacity in Ethics and Counseling. Concurrent service on the Appellate Division and the national Admissions Committees or the National Education Committees is permitted only to the extent that service related to one of those national Committees does not interfere with service on the Appellate Division.

Section 3. Vacancies. If a vacancy occurs in the membership of the Appellate Division, the President of the Appraisal Institute shall fill such vacancy for the unexpired term and such interim appointment shall become effective immediately, provided, however, that if a meeting of the Board of Directors is held prior to the expiration of the interim appointee's term, then such interim appointment shall be submitted to the Board of Directors at such meeting for ratification and approval. If the Board of Directors shall fail to ratify and approve such interim appointment at such meeting, such interim appointment shall terminate and be of no further force and effect.

Section 4. Time and Place of Meetings. The Appellate Division shall meet during the Appraisal Institute's first quarter meetings each year. The Appellate Division shall also meet at such other times and places as may be designated by the Ethics and Counseling Committee Chair or the Chair of the Appellate Division.

PART B. POWERS AND DUTIES

Section 1. Duty to Conduct Appeal Proceedings in Peer Review Matters. The Appellate Division, sitting as an Appeal Board, shall have the power and duty to conduct all peer review appellate proceedings required or permitted by this Regulation.

Section 2. Duty to Review Requests for Permission to Appeal. The Appellate Division shall have the power and duty to review each request for permission to appeal from a Memorandum of Counsel and to decide whether or not such requests should be granted.

Section 3. Duty to Conduct Appeal in Mandatory Continuing Education Matters. The Appellate Division, sitting as an Appeal Board, shall have the power and duty to conduct all appellate proceedings in mandatory continuing education matters.

Section 4. Other Duties. The Appellate Division shall perform such other duties as may be assigned to it by the Ethics and Counseling Committee Chair.

ARTICLE VIII

SCREENING STAFF

PART A. SCREENING STAFF
The screening staff shall consist of
(i) the Director of Screening;

(ii) an Assistant Director of Screening as provided for from time to time under Part C of this Article; and

(iii) any additional staff assisting the Director of Screening and the Assistant Director of Screening.

PART B. DIRECTOR OF SCREENING

Section 1. Appointment by Board of Directors. The Board of Directors shall appoint a Director of Screening who shall report to the Executive Committee and the Executive Vice President of the Appraisal Institute. The Director of Screening shall be an MAI Member with substantial experience at the national level in one or more of the following areas: as a Chair or member of a national Committee charged with responsibility for the processing of disciplinary proceedings or for the processing of review and counseling proceedings; as a teacher of Institute, AIREA, or Society courses or seminars as Chair or member of AIREA's National Admissions Committee as Chair or member of the Society's General Admissions Committee Analyst Admissions Committee, or SRA/SRPA Admissions Committee; as Chair or member of the Appraisal Institute's Admissions Committees of the Residential or General Appraiser Boards; as Chair or member of the General or Residential Appraiser Boards; or as an Assistant Director of Screening.

Section 2. Employment Contract. The general terms and conditions of the employment of the Director of Screening shall be approved or ratified by the Board of Directors of the Appraisal Institute.

Section 3. Powers and Duties. The Director of Screening shall: (i) serve as a member of the Ethics and Counseling Committee; (ii) supervise subordinates, as directed by the Executive Vice President and the President; (iii) exercise general supervision over the screening of all files referred to the Screening Staff; and (iv) have final responsibilities for deciding, in each matter he or she reviews, to take no further action on the matter, to route the matter to the Ethics Administration Division, or to route the matter to the Review and Counseling Division, provided, however, that if an Assistant Director of Screening is appointed pursuant to Part C of this Article, the Director of Screening may grant the Assistant Director authority to make such final screening decisions as the Director deems appropriate.

PART C. ASSISTANT DIRECTOR OF SCREENING

Section 1. Appointment by national Executive Committee. The national Executive Committee may appoint one or more Assistant Directors of Screening to assist the Director of Screening in performing his or her duties. An Assistant Director of Screening shall be an MAI Member. In its discretion, the national Executive Committee may also grant an Assistant Director of Screening authority to make such final screening decisions, relating to files assigned to an Assistant Director, as the national Executive Committee deems appropriate.

Section 2. Assumption of Duties of Director of Screening. If the Executive Vice President determines that the Director of Screening is unable to perform his or her duties, or that the position of Director of Screening is vacant, the Executive Vice President shall immediately notify the national Executive Committee. Upon receipt of such notice, the national Executive Committee shall either (i) fill the vacancy, or (ii) grant the Assistant Director of Screening the same authority to screen as the authority vested in the Director of Screening. An appointment under either (i) or (ii) above shall be on an interim basis only and subject to the approval of the Board of Directors at its next regularly scheduled meeting.

PART D. SCREENING PROCEDURES

Section 1. Referral of Information to the Director of Screening. Except as otherwise provided in this Regulation, all information protaining to the Appraisal Institute or to any of its officers or committees, to a Chapter or to any of its officers or committees, or to any Member or Affiliate of the Appraisal Institute which suggests or indicates that a Member or Affiliate of the Appraisal Institute may have: (i) failed to observe the requirements of the Institute's Code of Professional Ethics or the Institute's Standards of Professional Practice; (ii) been convicted of a serious crime committed prior to becoming a Member or Affiliate; or (iii) knowingly made false statements, submitted false information, or failed to fully disclose information requested in an application for admission to candidacy, shall be referred to the Director of Screening for screening in accordance with the requirements of this Regulation.

Section 2. Processing by the Screening Staff. Upon receipt of any such information, the Director of Screening shall make or cause to be made such investigation as he or she may deem appropriate for the purpose of determining the action to be taken under this Regulation. If this investigation indicates a possible violation of Canon 6 of the Appraisal institute's Code of Professional Ethics, the Director of Screening shall review the records of the Review and Counseling Division, the Appraisal Review Committee; and the International Professional Practice Committee to determine whether, as the result of a prior Review and Counseling proceeding, Appraisal Review proceeding & or professional practice proceeding, the Member or Affiliate involved had specific knowledge of the particular requirements of the Standards of Professional Practice that relate to the appraisal service under investigation. If the Director of Screening determines that additional factual information is required in order to complete his or her investigation, the Director of Screening may request a member of the Regional Panel for the Region in which such factual information is located to procure such information and forward it to the Screening Staff.

Section 3. Duty of Members and Affiliates to Submit Additional Information. When requested to do so by the Director of Screening, a Member or Affiliate must promptly submit, at his or her own expense, to the Director of Screening or any duly authorized member of the Screening Staff, a copy of the appraisal report under investigation or a copy of the appraisal report (or the file memoranda setting forth data, reasoning and conclusions) upon which his or her appraisal testimony was based, together with a copy of all subsequent changes and modifications thereof and all requested supporting documentation that is relevant to the inquiry and is referred to in such appraisal report or testimony.

Section 4. Closing of Matters Referred. If, after completion of his or her investigation, the Director of Screening determines that there is no legitimate basis for referral to the Ethics Administration Division or to the Review and Counseling Division, the Director of Screening shall prepare or cause to be prepared a written memorandum indicating the basis for this determination and a copy of this memorandum shall be lodged in the files of the Screening Staff. When appropriate, the Director of Screening shall advise the party originally transmitting the information to the Appraisal Institute as to the manner in which the referral was handled and the basis for the action taken. Such notification is appropriate when the sole concern of the party transmitting the information related to the fee charged by a Member or Affiliate or when the party transmitting the information is an individual who is authorized to receive such information under the express rules of this Regulation.

Section 5. Routing to Ethics Administration Division. If the Director of Screening determines that a Member or Affiliate may have violated the ethical requirements of the Appraisal Institute's Code of Professional Ethics, the Director of Screening shall refer the matter to the Ethics Administration Division for assignment to the appropriate Regional Member for processing in accordance with this Regulation, provided, however, that if the Director of Screening determines that a Member or an Affiliate may have violated Ethical Rule 5-2, he or she may refer the matter to the Chair of the Ethics Administration Division for processing in accordance with Article V, Part B.

If the referral indicates a possible violation of Canon 6, the Director of Screening shall transmit to the Ethics Administration Division the relevant information from the Review and Counseling Division files, the Appraisal Review Committee files, or the International Professional Practice files, indicating that, as the result of a prior Appraisal Review proceeding, Review and Counseling proceeding, or proceeding under the Society's Regulation No. 7, the Member or Affiliate involved had specific knowledge of the particular requirements of the Standards of Professional Practice that relate to the appraisal service which is the subject matter of the referral.

If the Director of Screening determines that a Member or an Affiliate may have (a) been convicted of a serious crime committed prior to becoming a Member or an Affiliate, or 00knowingly made false statements, submitted false information, or failed to fully disclose information requested in an application for admission to candidacy, the Director, of Screening shall refer the matter to the Ethics Administration Division for assignment to the appropriate Regional Member for processing in accordance with this Regulation as modified to reflect the nature of the alleged violation.

Section 6. Routing to Review and Counseling Division. If the Director of Screening determines that a Member or an Affiliate may have violated the requirements of the Appraisal Institute's Standards of Professional Practice, the Director of Screening shall refer the matter to the Review and Counseling Division for assignment to the appropriate Regional Member and for processing in accordance with this Regulation, provided, however, that if the Director of Screening determines that a Member or an Affiliate may have violated the certification requirements of the Appraisal Institute's Standards of Professional Practice, he or she may refer the matter to the Chair of the Review and Counseling Division for processing in accordance with Article VI, Part B.

PART E. ADDITIONAL RULES

Section 1. Conflict of Interest. If the Director of Screening ascertains that he or she has a conflict of interest with respect to any matter submitted to the Director of Screening for investigation and referral under this Regulation, such matter shall be referred to the Chair of the Screening Policy Division and the Chair of the Screening Policy Division shall have the powers and perform the duties of the Director of Screening with respect to such matter. The Chair of the Screening Policy Division may designate any member of the Division to be responsible for the processing of a file referred to the Chair pursuant to this section. The designated member of the Screening Policy Division shall have the powers and perform the duties of the Director of Screening with respect to such file.

Section 2. Authority to Process. If the Director of Screening determines that it is unclear as to whether the Appraisal Institute has authority to review an appraisal report or other document submitted to the Appraisal Institute with a request that it be reviewed, the processing of such report or other document by the Ethics Administration Division or the Review and Counseling Division shall not commence until the Director of Screening is satisfied that the Appraisal Institute does have authority to review such appraisal report or other document.

If, at any time, it comes to the attention of any Division, committee, Division member or committee member acting hereunder, or to the attention of any member of the Screening Staff, that the review of an appraisal report that is under review was not authorized by a party having the power to grant such authorization, all further action hereunder shall be postponed until such time as the proper authorization has been secured.

Section 3. Duty of Members and Affiliates to Submit Permission to Review Form. If an appraisal report or other document prepared or signed by a Member or an Affiliate of the Appraisal Institute fails to authorize review by the Appraisal Institute, the Member or Affiliate who prepared or signed such report or other document shall, upon request, furnish to the Director of Screening an appropriate authorization to review the appraisal report or other document on the Permission to Review form customarily used by the Appraisal Institute for this purpose.

Section 4. Additional Factual Information Requested by a Grievance Committee or a Review and Counseling Committee. If a Grievance Committee or a Review and Counseling Committee requests the Director of Screening to procure additional factual information that is required in order to complete such committee's investigation, the Director of Screening may request a member of the Regional Panel for the Region in which such factual information is located to procure such information and forward it to the Screening Staff.

ARTICLE IX

REGIONAL SUBCOMMITTEES

PART A. COMPOSITION AND MEETINGS

Section 1. Duty to Create and Maintain. For each of the Appraisal Institute regions as may be established by the Board of Directors from time to time, the Regional Selection Committee referred to in Section 3 below shall create and maintain for its Region a Regional subcommittee of the Ethics and Counseling Committee. Each such Regional subcommittee shall bear the title "Regional Panel" followed by the identification of its particular Region.

Section 2. Membership of Regional Panels. The Regional Panel of each Region shall contain members located within the jurisdiction of such Region as the Selection Committees referred to in Section 3 below shall deem appropriate.

Each member of the Regional Panel shall be a Member in good standing. Members of the National Committee or any Division of the National Committee shall not be eligible to serve as a member of a Regional Panel.

To be eligible for appointment to a Grievance Committee, Hearing Committee, or Review and Counseling Committee, a member of a Regional I must have:

(a) taught or attended the Appraisal Institute's Standards of Professional Practice course or passed the Standards of Professional Practice examination at any time prior to appointment and

(b) taught or attended the Standards of Professional Practice course or passed the Standards of Pr sional Practice course examination or taught attended the one-day Standards of Professional Practice Update seminar within a three (3) year period prior to the date of his or her appoint to the Regional Panel or to a specific commit and

(c) completed the related Training Program wit period commencing three (3) years prior to the date of his or her appointment to the Region Panel or to a specific committee.

As an alternative to the above three requirements a member who is appointed to the Regional Pan a term commencing in 1991, 1992, or 1993 shall I eligible for appointment to a Grievance Commit Hearing Committee, or Review and Counseling Committee if the Regional Panel Member has:

(a) taught or attended the Society's two-day Professional Practice Seminar offered between December 1, 1989, and December 31,1990, passed that seminar's examination; and

(b) completed the Appraisal Institute's one-day Training Program concerning Regulation N the Code of Professional Ethics, Supplement Standards, and Guide notes within one year appointment to the Panel.

To be eligible for appointment to a Grievance Committee, Hearing Committee or Review ar Counseling Committee after reappointment to Regional Panel, (or upon appointment to the Ri Panel after serving as a member of the National Committee or a Division), a member must having

(a) taught or attended the Standards of Professional Practice course or passed the Standards of sional Practice course examination; or

(b) taught or attended the one-day Standards Professional Practice Update seminar; or

(c) certified to the Ethics and Counseling Con Chair that he or she has studied a Synopsis recent changes to Regulation No. 6, the Committee of Professional Ethics and the Standards of Professional Practice, within a three (3)-year period prior to the date of his or her reappointment to the Regional Panel or to a specific committee.

Section 3. Appointment and Tenure. The Regional Panel of each Region shall be selected by a Selection Committee consisting of the incumbent Regional Chair of such Region; the Regional Member of the Ethics Administration Division for such Region, and the Regional Member of the Review and Counseling Division for such Region, subject, however, to the approval of the Ethics and Counseling Committee Chair. Each member of a Regional Panel shall be appointed to such Panel for a term commencing on the date of appointment and expiring on the third subsequent December 31 after appointment. If the term of any member of a Regional Panel expires while such member is serving on a Grievance Committee, a Hearing Committee or a Review and Counseling Committee and the work assigned to such committee is incomplete, then the term of such member of a Regional Panel shall automatically be extended for such period of time as may be necessary to provide for the completion of such assignment.

The Regional Member of the Ethics Administration Division and the Regional Member of the Review and Counseling Division serving on a Selection Committee shall have the further responsibility of recommending to the Selection Committee any desired expansion or modification of the Regional Panel membership, or the removal of any member there from.

Section 4. Vacancies. If a vacancy occurs in the membership of a Regional Panel, the Selection Committee for such Region shall immediately fill such vacancy for the unexpired term.

Section 5. Time and Place of Meetings. A Regional Panel will not meet as a group; rather, individual members of each Regional Panel will, from time to time, be appointed to a specific Grievance Committee, a specific Hearing Committee, or a specific Review and Counseling Committee in accordance with the requirements of this Regulation.

Section 6. Region of Service. The members of a Regional Panel shall be appointed to serve on Grievance Committees, Hearing Committees, and Review and Counseling Committees operating in the Region served by such Regional Panel; however, if, in the judgment of the Ethics and Counseling Committee Chair, it is in the best interest of the Appraisal Institute, the Ethics and Counseling Committee Chair may authorize the appropriate party to appoint one or more members of a Grievance Committee, a Hearing Committee or a Review and Counseling Committee from a Regional Panel in another Region.

ARTICLE X

GRIEVANCE COMMITTEE

PART A. COMPOSITION

Section 1. Appointment of Grievance Committee. Each Grievance Committee shall consist of a Chair and not less than two (2) nor more than four (4) other members. The Chair and other members of each Grievance Committee shall be appointed to the Grievance Committee by the Regional Member of the Ethics Administration Division in charge of the file. Except as provided in Article IX, the Chair and the other members of a Grievance Committee shall be selected from the Regional Panel of the Region in which the possible violation took place. In addition, except as provided in Article IX, if the subject of the file is an appraisal of a one-to- four unit residential property, the Regional Member in charge of the file shall appoint members of the Grievance Committee from those members of the Regional Panel who work close to the local area of the alleged violation, if such members are available and do not have a conflict of interest.

Section 2. Notice of Appointment and Submission of Conflict of Interest Statement. When the Regional Member of the Ethics Administration Division in charge of the file has selected the members of a Grievance Committee, such Regional Member shall mail to each such appointee a formal Notice of Appointment and a form concerning possible conflict of interest. When the Regional Member has received an acceptance of appointment and a statement indicating no conflict of interest from each of the individuals who have been appointed as the Chair and other members of the Grievance Committee such Regional Member shall forward the file to the Grievance Committee Chair.

Section 3. Subsequent Discovery of a Conflict of Interest. If at any time a member of a Grievance Committee discovers that he or she has a personal interest in any matter assigned to such Grievance Committee for investigation, or has a bias in favor of or prejudice against the Member or Affiliate involved, or has served in any other review or investigative capacity in reference to the subject matter of such file, such member shall immediately notify the Regional Member of the Ethics Administration Division in charge of the file of such personal interest, bias or prejudice and take no further part in the investigation or actions of such Grievance Committee. When any member of a Grievance Committee is thus disqualified, the Regional Member of the Ethics Administration Division in charge of the file shall then appoint another member of the Regional Panel to serve on such Grievance Committee and act in the place of the disqualified member.

Section 4. Removal From Grievance Committee. If the Regional Member of the Ethics Administration Division in charge of the file determines that a member of a Grievance Committeeeither has a conflict of interest or has failed to perform his or her assigned duties in a timely manner, the Regional Member may request the Ethics Administration Division Chair to recommend to the Ethics and Counseling Committee Chair that he or she remove such member from the Grievance Committee or discharge the entire Committee

Upon receipt of any such recommendation, the Ethics and Counseling Committee Chair shall make such investigation as he or she may deem appropriate. Upon completion of such investigation, if the Ethics and Counseling Committee Chair determines that a member either has a conflict of interest or has failed to perform his or her assigned duties in a timely manner, the Ethics and Counseling Committee Chair may remove such member from the Grievance Committee or discharge the entire Committee. In addition, the Ethics and Counseling Committee Chair may remove such individual's name from the Regional Panel.

When any member of a Grievance Committee is removed from the Committee in this manner, the Regional Member of the Ethics Administration Division in charge of the file may then appoint another member of the Regional Panel to serve on such Grievance Committee. Such appointment shall be made in accordance with the requirements of this Part A.

PART B. INVESTIGATION

Section 1. Duty to Investigate. Each Grievance Committee shall conduct a thorough investigation of the subject matter of each file referred to it by the Ethics Administration Division to determine whether, in the opinion of the Grievance Committee, on the basis of the factual information available to it, there is a reasonable probability that the action (or failure to act) of a Member or an Affiliate violated the ethical requirements of the Appraisal Institute's Code of Professional Ethics,

If a Grievance Committee determines that, opinion, on the basis of the factual information available to it, there is a reasonable probability such violation, it shall continue its investigation the purpose of determining what further action appropriate under this Regulation.

As part of the Grievance Committee's investigation one or more members of the Grievance Cc tee shall interview the Member or Affiliate. If the Member or Affiliate declines to be interviewed Grievance Committee shall document this fact writing.*

Section 2. Procedure for Investigation. The Grievance Committee may personally conduct any portion of an investigation or the Chair ma assign all or any portion of a particular investigation to one or more members of the Grievance Com The Chair, member or members to whom a paid portion of such investigation is assigned shall ( such investigation with diligence and promptly, the results of such investigation to the Grievance Committee as a whole. When the Grievance Q tee has completed such investigation as it deer appropriate, it shall evaluate the relevant facts make a decision as to its recommendation.

Section 3. Submission of Requested Informal and Interview. When requested to do so by a 4 authorized Grievance Committee or a duly au authorized member thereof, a Member or an Affiliate

(i) promptly submit, at his or her own experience, such Grievance Committee or individual thereof, a copy of the appraisal report und investigation, or a copy of the appraisal re the complete memoranda setting forth

(ii)reasoning and conclusions upon which his testimony was based, together with a cop, subsequent changes and modifications and all requested supporting documentation is relevant to the inquiry; promptly submit, at his or her own expense such Grievance Committee or individual thereof, such other documentation in his possession or control as may be pertinent investigation of the Grievance Committee

(iii) appear for a personal interview;

(v) participate in an interview conducted by phone; and

(v) answer all relevant questions concerning appraisal report, appraisal testimony, or for being investigated.

The Member or Affiliate shall have the right shall not be required, to submit at his or her expense, any additional information which he, believes to be relevant to a proper evaluation subject matter of the investigation.

The requirements of this paragraph apply only to Ethics files screened on or after January 1, 1990.

Section 4. Other Violations. If, as a result of its investigation of the subject matter of a file referred to it by the Ethics Administration Division, a Grievance Committee determines that a Member or an Affiliate may have committed a violation or violations of the Appraisal Institute's Code of Professional Ethics or Standards of Professional Practice other than in connection with the subject matter of the file assigned to it for investigation, then the Grievance Committee shall promptly report its findings with respect to such other violation or violations to the Director of Screening. No further action relating to any such other violation or violations shall be taken by such Grievance Committee unless and until a file relating to the subject matter thereof is formally assigned to the Grievance Committee by the Ethics Administration Division.

PART C. GRIEVANCE COMMITTEE REPORT

Section 1. Duty to Report. The Grievance Committee shall prepare a written Grievance Committee Report and file such Report with the Regional Member of the Ethics Administration Division in charge of the file within thirty (30) days after the Grievance Committee has completed its investigation and made a decision as to its recommendations with respect to a particular file,provided, however, that, upon receipt of a written request from the Chair of the Grievance Committee setting forth facts and circumstances justifying an extension, the Regional Member of the Ethics Administration Division in charge of the file may extend the time for the filing of such Grievance Committee Report to a date which such Regional Member deems reasonable under the circumstances.

Section 2. Contents of Grievance Committee Report. The Grievance Committee Report shall contain the following:

(i) a statement concerning the subject matter that was assigned to the Grievance Committee for investigation;

(ii) a summary of the procedures followed by the Grievance Committee in making its investigation;

(iii) the Grievance Committee's findings of fact, together with a summary of the evidence available to the Committee which led the Committee to conclude that such facts could be established by the greater weight of the evidence;

(iv) the conclusions of the Grievance Committee with respect to whether the Member or Affiliate violated the requirements of the Code of Professional Ethics; and

(v) a recommendation made in accordance with the requirements of Section 3 below.

If the conclusion of the Grievance Committee is that a Member or an Affiliate did violate the requirements of the Code of Professional Ethics, the Grievance Committee Report shall contain a clear, precise statement as to the particular provision or provisions of the Code of Professional Ethics which, in the opinion of the Grievance Committee, were violated by such Member or Affiliate as well as the specific details of the action (or failure to act) of such Member or Affiliate which constituted such violation or violations.

Section 3. Permitted Recommendations. Except in the case of a violation of Ethical Rule 2-3(c) of the Code of Professional Ethics, each Grievance Committee Report shall make one of the following recommendations:

(i) that no disciplinary proceeding be initiated and that the file be closed;

(ii) that no disciplinary proceeding be initiated and that the file be referred back to the Screening Staff to determine whether a referral to the Review and Counseling Division would be appropriate;

(iii) that the Member or Affiliate be given the right to accept an admonishment as defined in Article XI and in the form and substance set forth in the Grievance Committee Report; or that a formal Grievance Committee Complaint be prepared and filed.

If the recommendation is number (iii) above, and the Grievance Committee deems it appropriate, the Grievance Committee may further recommend that the Ethics and Counseling Committee Chair offer the Member or Affiliate an opportunity to pursue a specified educational alternative in lieu of being subjected to the recommended Admonishment. If the Grievance Committee determines that a violation of Ethical Rule 2-3(c) of the Code of Professional Ethics has occurred and compliance with Ethical Rule 2-3(c) was not excused by an exception to the Ethical Rules, the recommendation of the Grievance Committee in its report shall be governed by the following rules:

(a) If in the course of its investigation, the Member or Affiliate provides the Grievance Committee with the written appraisal report, the file memoranda containing data, reasoning and conclusions, or the Permission to Review, which was requested by but not transmitted to the Screening Staff, the recommendation of the Grievance Committee must be to give the Member or Affiliate the right to accept an admonishment. Upon receipt of such requested documentation, it shall be promptly transmitted by the Grievance Committee to the Director of Screening for processing under this Regulation.

(b) If, in the course of its investigation, the Member or Affiliate fails to provide the Grievance Committee with the written appraisal report, the file memoranda containing data, reasoning and conclusions, or the Permission to Review, which was requested by but not transmitted to the Screening

Staff, the Grievance Committee shall promptly prepare its report and refer the complete file to the Executive Vice President of the Appraisal Institute for processing under Article XII, Part I of this Regulation.

PART D. PROCEDURE TO BE FOLLOWED IF A GRIEVANCE COMMITTEE RECOMMENDS THAT NO DISCIPLINARY PROCEEDINGS BE INITIATED AND THAT THE FILE BE CLOSED

Section 1. Review by Regional Member of Ethics Administration Division. Upon receipt of a Grievance Committee Report recommending that no disciplinary proceedings be initiated and that the file be closed, the Regional Member of the Ethics Administration Division in charge of the file shall carefully review the file and the Grievance Committee Report to determine whether the investigation made by the Grievance Committee was adequate and whether the Grievance Committee Report is in compliance with the requirements of this Regulation.

Section 2. Permitted Actions by Regional Member of Ethics Administration Division. If, on the basis of his or her review of the file and the Grievance Committee Report, the Regional Member of the Ethics Administration Division in charge of the file determines that the Grievance Committee's investigation was insufficient or that the Grievance Committee Report is not in compliance with this Regulation, he or she shall remand the file to the Grievance Committee with instructions to take such further steps as such Regional Member may specify. If, on the basis of his or her review of the file and the Grievance Committee Report, the Regional Member of the Ethics Administration Division in charge of the file determines that the Grievance Committee's investigation was sufficient and that the Grievance Committee Report is in compliance with this Regulation, he or she shall mark the file "CLOSED" and deliver the file to the Secretary of the Ethics Administration Division at the National Headquarters of the Appraisal Institute. If the Member or Affiliate was advised of the investigation of the Grievance Committee, the Regional Member of the Ethics Administration Division in charge of the file shall promptly advise such Member or Affiliate that the file has been closed.

PART E. PROCEDURE TO BE FOLLOWED IF A GRIEVANCE COMMITTEE RECOMMENDS THAT NO DISCIPLINARY PROCEEDINGS BE INITIATED AND THAT THE FILE BE REFERRED TO THE SCREENING STAFF

Section 1. Review by Regional Member of Ethics Administration Division. Upon receipt of a Grievance Committee Report recommending that no disciplinary proceedings be initiated and that the file be referred to the Screening Staff to determine whether a referral to the Review and Counseling Division would be appropriate, the Regional Me of the Ethics Administration Division in charge, file shall carefully review the file and the Grievance Committee Report to determine whether the in the investigation made by the Grievance Committee was adequate and whether the Grievance Committee Report is in compliance with this Regulation.

Section 2. Permitted Actions by Regional Men Ethics Administration Division. If the Regional Member of the Ethics Administration Division I charge of the file determines that the Grievance Committee's investigation was insufficient or d Grievance Committee Report is not in compliary with this Regulation, he or she shall remand that the Grievance Committee with instructions to such further steps as such Regional Member may specify.

If the Regional Member of the Ethics Administration Division in charge of the file determines the Grievance Committee's investigation was sufficent and that the Grievance Committee Report is in compliance with this Regulation, he or she shall the file "CLOSED-REFERRED TO SCREENIN STAFF" and deliver the file to the Secretary of I Screening Staff at the National Headquarters Appraisal Institute.

PART F. PROCEDURE TO BE FOLLOWED 11 GRIEVANCE COMMITTEE RECOMMENDS THAT A MEMBER OR AN FILIATE BE GIVEN THE RIGHT TC ACCEPT AN ADMONISHMENT

Section 1. Review by Regional Member of EC Administration Division. Upon receipt of a G irevance Committee Report recommending that member or an Affiliate be given the right to accept, admonishment as defined in Article XI and in form and substance set forth in the Grievance Committee Report, the Regional Member of the Ethical Administration Division in charge of the file carefully review the file and the Grievance Committee Report to determine whether the investigation by the Grievance Committee was adequate an whether the Grievance Committee Report (including the form and substance of the proposed appoint ment) is in compliance with this Regulation.

Section 2. Permitted Actions by Regional Me Ethics Administration Division. If the Regional Member of the Ethics Administration Division charge of the file determines that the Grievance Committee's investigation was insufficient or Grievance Committee Report is not in compliment with this Regulation, he or she shall remand to the Grievance Committee with instructions to such further steps as such Regional Member may specify.

If the Regional Member of the Ethics Administration Division in charge of the file determines that the Grievance Committee's investigation was sufficient and that the Grievance Committee Report is in compliance with this Regulation, the Regional Member shall then review the Appraisal Institute's files relating to such Member or Affiliate to determine whether such Member or Affiliate

(a) has previously received disciplinary action in the form of expulsion, revocation of designation, suspension, termination of candidacy, or censure with publication;

(b) has, on two or more occasions within the preceding ten (10) year period, received disciplinary action in the form of admonishment, reprimand or censure without publication, or

(c) has, within the preceding ten (10) year period, received disciplinary action in the form of an admonishment, reprimand or censure without publication relating to the same or a similar substantive requirement of the Code of Professional Ethics or Standards of Professional Practice that is involved in the current peer review investigation.

For the purpose of this Part F, an admonishment, reprimand or censure without publication that was received by a Member or an Affiliate subsequent to the date of the conduct of the Member or Affiliate that is involved in the current peer review investigation shall not be deemed to be a part of the Appraisal Institute's files relating to such Member or Affiliate.

If the file of the Member or Affiliate discloses that the Member or Affiliate has received the disciplinary actions described in (a), (b) or (c) above, the Member or Affiliate is not eligible to accept an admonishment.

In such case, the Regional Member of the Ethics Administration Division in charge of the file shall advise the Chair of the Grievance Committee that the Member or Candidate is not eligible to accept an admonishment and shall instruct the Grievance Committee to draft a proposed Grievance Committee Complaint and proceed as set forth in Section 3 below.

If the file of the Member or Affiliate discloses that he or she is eligible to accept an admonishment and the Grievance Committee Report does not recommend an educational alternative in lieu of the recommended admonishment, the Regional Member of the Ethics Administration Division in charge of the file shall direct the Chair of the Grievance Committee to proceed as provided in Section 4 below.

If the file of the Member or Affiliate discloses that he or she is eligible to accept an admonishment, and the Grievance Committee has recommended a specified educational alternative in lieu of the recommended admonishment, the Regional Member of the Ethics Administration Division in charge of the file shall promptly submit such file to the Ethics and Counseling Committee Chair for a determination as to whether the Member or Affiliate shall be offered an opportunity to complete a specified educational alternative (to be completed within a fixed period of time) in lieu of the recommended admonishment. The educational alternative recommended by the Grievance Committee may include a requirement that an examination be taken and passed in order to complete such educational alternative. For any Appraisal Institute course that has an examination, the Grievance Committee must recommend that the examination be taken and passed.

If the Ethics and Counseling Committee Chair decides that it is appropriate to offer the Member or Affiliate the opportunity to accept the educational alternative, the Ethics and Counseling Committee Chair shall then decide whether the educational alternative specified by the Grievance Committee should be approved or whether a different educational alternative, as determined by the Ethics and Counseling Committee Chair, would be more appropriate. For any Appraisal Institute course that has an examination, the Ethics and Counseling Committee Chair must require that the examination be taken and passed. The decision of the Ethics and Counseling Committee Chair concerning the educational alternative to be completed, and whether or not an examination must be taken and passed to complete such educational alternative, shall be final.

If the recommendation of the Grievance Committee to offer an educational alternative is approved by the Ethics and Counseling Committee Chair, the Ethics and Counseling Committee Chair shall notify the Regional Member of the Ethics Administration Division in charge of the file as to (a) the educational alternative which must be completed by the Member or Affiliate, and (a) the period of time within which the educational alternative must be completed. The Regional Member of the Ethics Administration Division in charge of the file shall then notify the Grievance Committee Chair as to the decision of the Ethics and Counseling Committee Chair and instructthe Grievance Committee Chair to proceed as provided in Section 5 below.

If the recommendation of the Grievance Committee to offer an educational alternative is rejected by the Ethics and Counseling Committee Chair, the Ethics and Counseling Committee Chair shall so notify the Regional Member of the Ethics Administration Division in charge of the file. The Regional Member of the Ethics Administration Division in charge of the file shall then inform the Grievance Committee Chair of this decision and instruct such Chair to proceed as provided in Section 4 below.

Section 3. Action by Grievance Committee if Member or Affiliate is Not Eligible to Accept Admonishment. Upon receipt of notice that the Member or Affiliate is not eligible to accept an admonishment and that it is appropriate to prepare a formal Grievance Committee Complaint, the Grievance Committee shall proceed and the file shall be processed in the manner and within the time limits set forth in Part G of this Article.

Section 4. Action by Grievance Committee if Member or Affiliate is Eligible to Accept Admonishment and No Educational Alternative Offered. If the Regional Member of the Ethics Administration Division in charge of the file advises the Chair of the Grievance Committee that the Member or Affiliate is eligible to accept an admonishment, the Chair of the Grievance Committee shall promptly forward to the Member or Affiliate by certified mail, return receipt requested, a copy of the Grievance Committee Report and a notice advising such Member or Affiliate that the Grievance Committee has recommended that such Member or Affiliate be given the right to accept an admonishment and that if the admonishment is accepted, a Grievance Committee Complaint will not be filed with regard to the subject matter of the Grievance Committee Report. The Member or Affiliate shall have a period of twenty (20) days from the date of the mailing of such notice to advise the Chair of the Grievance Committee in writing as to whether he or she elects to accept such admonishment, provided, however, that upon receipt of a written request from the Member or Affiliate setting forth facts and circumstances justifying an extension, the Chair of the Grievance Committee may extend the time for making such election to a date which the Chair of the Grievance Committee deems reasonable under the circumstances.

If the Member or Affiliate elects to accept.such admonishment, the Grievance Committee Report and the letter accepting such admonishment shall be placed in the file, the file shall be marked "CLOSED" and the complete file shall be delivered to the Secretary of the Ethics Administration Division at the National Headquarters of the Appraisal Institute.

If the Member or Affiliate elects not to accept such admonishment or if the letter of acceptance is not mailed to the Chair of the Grievance Committee within the twenty (20) day period (or any extensions thereof) allowed for this purpose, the Grievance Committee shall promptly draft a proposed Grievance Committee Complaint. The draft of this Grievance Committee Complaint shall be transmitted to the Regional Member of the Ethics Administration Division in charge of the file within thirty (30) days of the date.that the Grievance Committee is notified by the Member or Affiliate that he or she has elected not to accept admonishment or within thirty (30) days of the date that the period allowed for making an election has expired, whichever date shall first occur,provided, however, that upon receipt of a written request from the Chair of the Grievance Committee setting forth facts and circumstances justifying an extension, the Regional Member of the Ethics Administration Division in charge of the file may extend the time for preparing such Grievance Committee Complaint to a date which such Regional Member deems reasonable under the circumstances. There after Grievance Committee shall proceed and the of be processed in the manner set forth in Part Article.

Section 5. Procedure if Member or Affiliate Eligible to Accept Admonishment and is an Educational Alternative. If the Regional M the Ethics Administration Division in Chair file advises the Chair of the Grievance Committee the Member or Affiliate is eligible to accept a monishment and that the Ethics and Counsel Committee Chair has approved an offer allow Member or Affiliate to complete a stated alternative within a specified period of time ofreceiving the stated admonishment, the Chair Grievance Committee shall immediately forward the Member or Affiliate by certified mail, return receipt requested, a copy of the Grievance Committee Report and a notice advising such Member or Affiliate that the Grievance Committee has recorded that such Member or Affiliate be given the right accept an admonishment, or in lieu thereof, the to successfully complete a stated educational objective within a specified period of time. This should also advise the Member or Affiliate that he or shall have twenty (20) days from the date of t mailing of such Grievance Committee Report Notice to advise the Chair of the Grievance Committee, in writing, as to whether he or she elects the offer of an educational alternative, the of admonishment, or neither, provided, however, upon receipt of a written request from the Affiliate setting forth facts and circumstances an extension, the Chair of the Grievance Committee may extend the time for making such elect date which the Chair of the Grievance Committee deems reasonable under the circumstances.

If the Member or Affiliate elects to accept educational alternative, the complete file shall transmitted to the Ethics Administration Divison and placed in suspense until it is determined the Member or Affiliate successfully complete educational alternative within the specified period.

If the Ethics Administration Division de that the Member or Affiliate successfully completed the educational alternative within the specified period, this fact shall be recorded in the file of Member or Affiliate, the stated admonishment not become effective, the file shall be marked "CLOSED" and the complete file shall be deli the Secretary of the Ethics Administration Divison the National Headquarters of the Appraisal In

If the Ethics Administration Division de that the Member or Affiliate failed to successful complete the educational alternative within the( specified time period ' the admonishment shall become effective and shall be posted to the the Member or Affiliate, the file shall be mark
"CLOSED" and the complete file shall be delivered to the Secretary of the Ethics Administration Division at the National Headquarters of the Appraisal Institute.

If the Member or Affiliate does not accept the offer of an educational alternative and elects to accept the recommended admonishment, copies of the Grievance Committee Report, the Notice offering an educational alternative, and the original letter accepting such admonishment shall be placed in the file, the file shall be marked "CLOSED" and the complete file shall be delivered to the Secretary of the Ethics Administration Division at the National Headquarters of the Appraisal Institute.

If the Member or Affiliate does not accept the offer of an educational alternative or the recommended admonishment, or if the letter accepting the educational alternative or the recommended admonishment is not mailed to the Chair of the Grievance Committee within the twenty (20) day period (or any extensions thereof) allowed for this purpose, the Grievance Committee shall promptly draft a proposed Grievance Committee Complaint. The draft of this Grievance Committee Complaint shall be transmitted to the Regional Member of the Ethics Administration Division in charge of the file within thirty (30) days of the date that the Grievance Committee is notified by the Member or Affiliate that he or she has elected not to accept the educational alternative or the recommended admonishment, or within thirty (30) days of the date that the period allowed for making an election has expired, whichever date shall first occur,provided, however, that upon receipt of a written request from the Chair of the Grievance Committee setting forth facts and circumstances justifying an extension, the Regional Member of the Ethics Administration Division in charge of the file may extend the time for preparing such Grievance Committee Complaint to a date which such Regional Member deems reasonable under the circumstances. Thereafter the Grievance Committee shall proceed and the file shall be processed in the manner set forth in Part G of this Article.

PART G. PROCEDURE TO BE FOLLOWED IF A GRIEVANCE COMMITTEE RECOMMENDS THAT A FORMAL GRIEVANCE
COMMITTEE COMPLAINT BE PREPARED AND FILED

Section 1. Review by Regional Member of Ethics Administration Division. Upon receipt of a Grievance Committee Report recommending that a formal Grievance Committee Complaint be prepared and filed, the Regional Member of the Ethics Administration Division in charge of the file shall carefully review the file and the Grievance Committee Report to determine whether the investigation made by the Grievance Committee was adequate and whether the Grievance Committee Report is in compliance with this Regulation.

Section 2. Permitted Actions by Regional Member of Ethics Administration Division. If the Regional Member of the Ethics Administration Division in charge of the file determines that the Grievance Committee's investigation was insufficient or that the Grievance Committee Report is not in compliance with this Regulation, he or she shall remand the file to the Grievance Committee with instructions to take such further steps as such Regional Member may specify.

If the Regional Member of the Ethics Administration Division in charge of the file determines that the Grievance Committee's investigation was sufficient and that the Grievance Committee Report is in compliance with this Regulation, he or she shall advise the Chair of the Grievance Committee that it is appropriate for the Grievance Committee to draft a proposed Grievance Committee Complaint.

Section 3. Preparation of Proposed Grievance Committee Complaint Upon receipt of notice from the Regional Member of the Ethics Administration Division in charge of the file that it is appropriate to prepare a proposed Grievance Committee Complaint, the Grievance Committee shall promptly commence the preparation of a proposed Complaint. The draft of this Grievance Committee Complaint shall be transmitted to the Regional Member of the Ethics Administration Division in charge of the file within thirty (30) days of the date of such Regional Member's notice to the Grievance Committee that it is appropriate to prepare such Complaint, provided, however,that upon receipt of a written request from the Chair of the Grievance Committee setting forth facts and circumstances justifying an extension, the Regional Member of the Ethics Administration Division in charge of the file may extend the time for preparing such Grievance Committee Complaint to a date which such Regional Member deems reasonable under the circumstances.

Upon receipt of a draft of a proposed Grievance Committee Complaint, the Regional Member of the Ethics Administration Division in charge of the file shall carefully review such draft to determine whether it is in compliance with this Regulation. If such Regional Member determines that the draft of the Grievance Committee Complaint is not in compliance with this Regulation, he or she shall return such draft to the Grievance Committee with instructions to take such further steps as may be appropriate.

If such Regional Member determines that the draft of the proposed Grievance Committee Complaint is in compliance with this Regulation, he or she shall approve such draft, authorize it to be filed as a formal Grievance Committee Complaint, and take all steps necessary to appoint a Hearing Committee.

Section 4. Contents of Grievance Committee Complaint. Each formal Grievance Committee Complaint shall be substantially in the form suggested by the Ethics Administration Division in its Procedure Manual and shall include the following information:

Allegations of Fact. Each alleged action (or failure to act) of a Member or an Affiliate which the Grievance Committee believes is a violation of the Institute's Code of Professional Ethics shall be set forth in detail in the Complaint so as to fully inform the Member or Affiliate of the basis for the Grievance Committee Complaint. Prior to making each such allegation of fact, the Grievance Committee must carefully consider the evidence available to it and conclude that such allegation of fact is supported by the greater weight of the evidence.

Relation to Code of Professional Ethics. Each provision of the Appraisal Institute's Code of Professional Ethics which is alleged to have been violated by the Member or Affiliate shall be set forth in detail in the Grievance Committee's Complaint and the Complaint shall clearly and specifically state the action or actions (or failure to act) of the Member or Affiliate which violated each such provision. -Section 5. Subsequent Duties of Grievance Committee. Each Grievance Committee that files a formal Grievance Committee Complaint shall act as the complainant at the Hearing before the Hearing Committee and as the respondent in any subsequent appeal by the Member or Affiliate who is the subject of such Grievance Committee Complaint.

Rules Governing Disciplinary Proceedings and Review and Counseling Proceedings (b)

ARTICLE

GENERAL RULES RELATING TO DISCIPLINARY

PROCEEDINGS

PART A. DEFINITIONS

Section 1. Peer Review Investigation. As used in this Regulation, the term "peer review investigation" applies to all actions prior to the filing of a Grievance Committee Report relating to a violation of Ethical Rule 23(c) or by the filing of a Grievance Committee Complaint that are taken pursuant to this Regulation for the purpose of determining whether a Member or an Affiliate has violated the requirements of the Appraisal Institute's Code of Professional Ethics or Standards of Professional Practice, and, if it is determined that such Member or an Affiliate violated the Code of Professional Ethics, recommending the appropriate penalty or disciplinary action to be taken against such Member or Affiliate for such violation.

Section 2. Disciplinary Proceeding. As used in this Regulation, the term "disciplinary proceeding" applies to the actions commencing with the filing 9f a Grievance Committee Report relating to a violation of Ethical Rule 2-3(c) or by the filing of a Grievance Committee Complaintthat are taken pursuant to this Regulation for the purpose of determining whether or not a Member or an Affiliate has violated the requirements of the Appraisal Institute's Code of Professional Ethics, and, if it is determined that such Member or Affiliate violated the Code of Professional Ethics, establishing and imposing the appropriate penalty or disciplinary action for such violation.

Section 3. Disciplinary Action. As used in this Regulation, the term "disciplinary action" refers to a penalty imposed upon a Member or an Affiliate for violation of the Appraisal Institute's Code of Professional Ethics. The following disciplinary actions may be taken against a Member or an Affiliate if, as a result of a' disciplinary proceeding, it is determined that such Member or Affiliate has violated the Appraisal Insitute's Code of Professional Ethics.

(a) Admonishment. "Admonishment" is a disciplinary action applied to both Members and Affiliates and is a serious warning calling the attention of a Member or an Affiliate to a violation or violations of the Appraisal Institute's Code of Professional Ethics. An admonishment is entered into the Appraisal Institute's records relating to such Member or Affiliate for a period of ten years but is not published or made known to the membership or the general public.

(b) Censure With Publication. "Censure With Publication" is a disciplinary action applied to both Members and Affiliates and is a formal expression of severe criticism and disapproval for a violation or violations of the Appraisal Institute's Code of Professional Ethics. The disciplinary action of Censure With Publication is entered into the Appraisal Institute's records for a period of thirty years and is published or otherwise made known to the membership and the general public in such manner as may be directed by the Appellate Division.

(c) Suspension. "Suspension" is a disciplinary action applied only to Members and is a temporary revocation of the privileges (but not the obligations) of membership in the Appraisal Institute for a serious violation of the Appraisal Institute's Code of Professional Ethics. The period of Suspension commences on (a) the day following the postmark date of the formal notice to the Member that the Appellate Division has ordered the Member's Suspension; or (b) a date specified in the Hearing Committee Decision if no appeal is taken; or (c) the day following the postmark date of the formal notice to the Member from the Executive Vice President advising such Member of his or her Suspension for violation of Ethical Rule 1-2.

The period of Suspension ends upon the expiration of the period of time specified by the order of the Appellate Division, the Hearing Committee Decision if no appeal is taken, or the notice of the Executive Vice President. If Suspension is ordered, the period of Suspension shall not be more than two (2) years from the date that the suspended Member complies with the Suspension order by transmitting such Member's membership certificate, emblem and other indicia of membership to the Executive Vice President of the Appraisal Institute. The disciplinary action of Suspension is entered into the Appraisal Institute's records for a period of thirty years and is published or otherwise made known to the membership and the general public in such manner as may be directed by the Appellate Division.

During the period of Suspension, a suspended Member is not entitled to the benefits or privileges of membership in the Appraisal Institute in any manner. Thus, a suspended Member may not use or display any Institute designation in correspondence, business cards or appraisal reports and may not use any Institute designation in stating his or her qualifications in appraisal reports or in the course of court testimony.

Upon receipt of a formal notice of Suspension, a suspended Member is required to immediately transmit his or her membership certificate, emblem and other indicia of membership to the Executive Vice President of the Appraisal Institute to be held for the period of Suspension. At the expiration of the period of Suspension the suspended Member is automatically restored to the full privileges of membership in the Appraisal Institute and his or her membership certificate, emblem and other indicia of membership are returned.

Although a suspended Member is not entitled to the benefits and privileges of membership and may not refer to such membership during the period of Suspension, a suspended Member does remain a Member of the Appraisal Institute for all other purposes and is required to comply with the Appraisal Institute's Code of Professional Ethics and Standards of Professional Practice during the period of Suspension. Any failure to observe the requirements of the Appraisal Institute's Code of Professional Ethics or Standards of Professional Practice during the period of Suspension may result in further disciplinary proceedings under this Regulation.

If the suspended Member fails to comply with the order of Suspension which requires prompt transmission of his or her membership certificate, emblem and other indicia of membership to the Executive Vice President of the Appraisal Institute, and if such failure to comply continues for a period of thirty (30) days after the postmark date of the notice to the suspended Member advising such suspended Member of the order of Suspension, then and in such event the Suspension shall automatically become an "Expulsion" as that term is defined in this Regulation. The disciplinary action of Expulsion resulting from a suspended Member's failure to comply with an order of Suspension is entered into the permanent records of the Appraisal Institute and is published or otherwise made known to the membership and the general public in such manner as may be directed by the Appellate Division.

(d) Expulsion. "Expulsion" is a disciplinary action applied only to Members and is a complete termination of membership in the Appraisal Institute. If the disciplinary action of Expulsion is ordered, it becomes effective on the day following the postmark date of the formal notice to the Member that the Appellate Division has ordered the Member's expulsion or if no appeal is taken on a date specified in the Hearing Committee Decision. If the disciplinary action of Expulsion results from the provisions of Part

E or Part F of Article XII of this Regula becomes effective on the day following postmark date of the formal notice to from the Executive Vice President adv Member of his or her expulsion for a v Ethical Rule 1-2 or Ethical Rule 2-3(c), however, to the provisions of Article XI Section 4 and Article XII, Part F, Section

Upon receipt of a formal notice of or upon a failure to take timely appeal automatic Expulsion under Article XII Article II, Part F, an expelled former required to completely cease any use Appraisal Institute designations; to return to the Appraisal Institute his or membership certificate, emblem and other membership; and to immediately re reference to membership in the Appraisal Institute. from his or her letterheads and bi cards.

The disciplinary action of Expulsion entered into the Appraisal Institute's period of thirty years and is published wise made known to the membership general public in such manner as may by the Appellate Division.

(e) Termination of Affiliate Status. "Termination of Affiliate Status" is a action applied only to Affiliates and ii termination of Affiliate status. This ac against an Affiliate for a violation or the Appraisal Institute's Code of Professional Ethics where the penalty, if the Affiliates a Member, would have been Suspensive Expulsion.

If the disciplinary action of termination Affiliate Status is ordered, it becomes the day following the postmark date notice to the Affiliate that the Appeal has ordered Termination of Affiliate unless otherwise specified in the Hearing Committee Decision. If the disciplinary ac Termination of Affiliate Status results provisions of Article XII, Part F of this it becomes effective on the day follow postmark date of the formal notice to from the Executive Vice President ad Affiliate of such termination of Affiliate for a violation of Ethical Rule 2-3(c), however, to the provisions of Article X Section 2.

The disciplinary action of Termination Affiliate Status is entered into the records of the Appraisal Institute and published or otherwise made known to t ship and the general public in such that they may be directed by the Appellate Division

Section 4. Educational Alternative. In certain circumstances, a Member or an Affiliate may be offered an educational alternative in lieu of a disciplinary action. If the Member or Affiliate elects to accept such educational alternative and the Ethics Administration Division determines that the Member or Affiliate successfully completed the educational alternative, this fact is entered into the records of the Appraisal Institute for a period of ten years after the educational alternative was successfully completed.

PART B. JURISDICTIONAL RULES If a Member or an Affiliate performs appraisal services or engages in other activities in a Region of the Appraisal Institute other than the Region in which such Member or Affiliate's local chapter is located, and if a question is raised as to whether such appraisal services or other activities of the Member or Affiliate were in violation of the requirements of the Appraisal Institute's Code of Professional Ethics, the disciplinary proceeding relating to such appraisal services or other activities will be a "Dual Jurisdiction Case."

In a Dual jurisdiction Case, the Region in which the Member or Affiliate's local chapter is located is referred to as the "Home Region" and the Region in which the possible violation took place is referred to as the "Dual Jurisdiction Region." In a Dual jurisdiction Case, the Grievance Committee is selected from the Regional Panel of the Dual Jurisdiction Region and the Hearing Committee is selected from the Regional Panel of the Home Region.

PART C. ADDITIONAL RULES

Section 1. Address for Notices. Each Member and Affiliate shall keep the Appraisal Institute advised as to the current address of his or her principal place of business. Except as otherwise expressly provided in this Regulation, any notice to a Member or an Affiliate ate which is addressed to the principal place of business of such Member or Affiliate as it appears in the official records of the Appraisal Institute and is mailed within the time limits set forth in this Regulation shall be deemed good and sufficient notice for all purposes.

Section 2. Cessation of Peer Review Investigations and Disciplinary Proceedings During Pendency of Litigation. Anything herein to the contrary notwithstanding, if a Member or an Affiliate is notified that a matter in which he or she is involved is under consideration investigation or review pursuant to the provisions of this Regulation, and if such matter is the subject of a pending judicial or quasi-judicial proceeding that would require cessation of such consideration, investigation or review, such Member or Affiliate shall promptly advise the Ethics and Counseling Committee Chair of such fact.

Further, if at any time it comes to the attention of any committee, Division, committee member or Division member acting hereunder, or to the attention of any member of the Screening Staff, that the subject matter under consideration, investigation or review pursuant to the provisions of this Regulation is involved in a pending judicial or quasi-judicial proceeding, such committee, Division, committee member, Division member or member of the Screening Staff shall immediately notify the Ethics and Counseling Committee Chair.

(a) until such time as such judicial or quasi-judicial proceeding has been completed and a final order entered therein, or

(b) until such time as the Ethics and Counseling Committee Chair directs.

Upon the issuance of any such direction by the Ethics and Counseling Committee Chair, all further consideration, investigation and review of such matter and all peer review investigations and disciplinary proceedings relating to such matter shall cease until the time specified in the direction of the Ethics and Counseling Committee Chair. If a Member or an Affiliate notifies the Ethics and Counseling Committee Chair of the pendency of a judicial or quasi-judicial proceeding and the Ethics and Counseling Committee Chair postpones further action or proceedings as provided above, the Member or Affiliate giving such notice shall have the duty and obligation to advise the Ethics and Counseling Committee Chair as to the name and address of the party or parties to contact for the purpose of monitoring the status of such pending judicial or quasijudicial proceeding. In addition, the Member or Affiliate giving such notice shall promptly notify the Ethics and Counseling Committee Chair when it comes to his or her attention that such pending judicial or quasi-judicial matter has become final.

Section 3. Deferral of Peer Review Investigations and Disciplinary Proceedings for Medical Reasons. Anything herein to the contrary notwithstanding, if a Member or an Affiliate has been notified that a matter in which he or she is involved is under investigation, consideration, review or appeal pursuant to the provisions of this Regulation, and if such Member or Affiliate has a serious physical or mental illness or disability that in his or her opinion substantially impairs his or her ability to participate in a peer review investigation or disciplinary proceeding, such Member or Affiliate may advise the Ethics and Counseling Committee Chair of this fact and request a deferral of such investigation or proceeding. Upon receipt of any such request, the Ethics and Counseling Committee Chair shall make an investigation for the purpose of determining whether or not the medical problems of the Member or Affiliate are of such a nature that the ability of a Member or an Affiliate to participate in a peer review investigation or disciplinary proceeding is substantially impaired. If a Member or an Affiliate performs appraisal services or is otherwise employed either full time or part time, during the period of this investigation, this action shall conclusively be deemed to demonstrate the physical and mental ability of such Member or Affiliate to participate in a peer review investigation or disciplinary proceeding. If the Ethics and Counseling Committee Chair deems it appropriate, he or she may request the Member or Affiliate to

a) submit to a medical examination by a medical examiner selected by the Ethics and Counseling Committee Chair; and

b) pay for such examination.

If, upon completion of his or her investigation, the Ethics and Counseling Committee Chair determines that the physical or mental illness of the Member or Affiliate has substantially impaired such Member or Affiliate's ability to participate, the Ethics and Counseling Committee Chair shall direct that all or any part of further peer review investigations or disciplinary proceedings hereunder be deferred either (a) until the Ethics and Counseling Committee Chair determines, after further investigation, that the medical problems of the Member or Affiliate no longer substantially impair his or her ability to participate in a peer review investigation or disciplinary proceeding, or (b) until such time as the Ethics and Counseling Committee Chair directs. In no event shall any such deferral be made for a period in excess of one year; provided, however, that upon the expiration of the original deferral period, the Ethics and Counseling Committee Chair may again investigate the matter and, on the basis of such investigation, again defer the peer review investigation or disciplinary proceeding.

The Member or Affiliate requesting deferral has a duty to cooperate in any investigation the Ethics and Counseling Committee Chair deems appropriate under this section, both before and after any deferral of the matter.

The Member or Affiliate submitting such request shall notify the Ethics and Counseling Committee Chair when the nature of his or her physical or mental illness or disability is not so serious as to substantially impair his or her ability to participate in a peer review investigation or disciplinary proceeding.

If a Member or an Affiliate performs appraisal services during the period of any such deferral, this action shall conclusively be deemed to demonstrate the physical and mental ability of such Member or Affiliate to participate in a peer review investigation or disciplinary proceeding.

Section 4. Cessation of Peer Review Investigation and Disciplinary Proceedings if a Revised Counseling Proceeding or Professional P Proceeding is Pending. Anything herein t contrary notwithstanding, if a Member or is involved in a matter which is currently consideration or investigation by a Grievance Committee or which is the subject matter of a peer review investigation or disciplinary being conducted pursuant to the provision Regulation and such Member or Affiliate aware of the fact that the same matter is a review and counseling proceeding being pursuant to provisions of this Regulation sional practice proceeding under the Appellate Regulation, such Member or Affiliate shall advise the Ethics and Counseling committees of such fact.

Further, if at any time it comes to the a any committee, Division, committee member Division member acting hereunder, or to t of any member of the Screening Staff, that of a Member or an Affiliate which are cu consideration or investigation by a Grievance Committee or which are the subject matter of a disciplinary proceeding being conducted the provisions of this Regulation are also t matter of a review and counseling proceed conducted pursuant to the provisions of the tion or a professional practice proceeding Appendix to this Regulation, the party in such dual proceedings shall immediately in Ethics and Counseling Committee Chair.

Upon receipt of any such notice, the Ethics Counseling Committee Chair shall make investigation to determine whether a jurisdiction exists and, if the Ethics and Counseling Committee Chair determines that there is a jurisdictio lem, all further actions by the Grievance Committee all further proceedings by the Hearing Committee and all further proceedings by the Review Counseling Committee or Professional Practice Division concerning the matter shall be sus until a determination has been made by the Staff as to the proper proceeding to be con under this Regulation.

When the Screening Staff has reviewed complete file of the Ethics Administration and the complete file of the Review and Co Division or Professional Practice Division, determined the appropriate course of actio taken, the Screening Staff shall (a) notify the Ethics Administration Division, the Revised Counseling Division, or the Professional Practice Division to proceed with the processing of and (b) notify the Division which is not to close its file and take no further action.

(i) a Member or an Affiliate is the subject of two or more Grievance Committee Complaints that have been approved by the Regional Member in charge of the file;

(ii) the approved Complaints allege violations of either E.R. 1-1, E.R. 3-1, or E.R. 3-2; and

(iii) the cases in which such Complaints were filed have not yet been closed, the Professional Standards Administrator shall inform the Ethics and Counseling Committee Chair of any additional files being processed by the Ethics Administration Division or the Review and Counseling Division which involve such Member or Affiliate. The Ethics and Counseling Committee Chair shall then decide whether processing of these additional files should be suspended either pending the outcome of the Hearing Committee decision in the pending Complaints or until such time as the Ethics and Counseling Committee Chair directs.

If two or more files concerning a Member or an Affiliate are pending at the Grievance Committee level, the Professional Standards Administrator shall notify the Ethics and Counseling Committee Chair if the screening of any additional files concerning the Member or Affiliate results in a referral to the Ethics Administration Division or the Review and Counseling Division. The Ethics and Counseling Committee Chair shall then decide whether the processing of such additional files should be suspended either during the period that such prior files remain at the Grievance Committee' level or until such time as the Ethics and Counseling Committee Chair directs.

If the Ethics and, Counseling Committee Chair directs that the processing of a file be suspended, the file shall be forwarded to the Professional Standards Department at the National Headquarters of the Appraisal Institute.

Section 6. Procedural Matters. To the extent that a procedural question arises that is not specifically covered by this Regulation, the individual or Committee charged with responsibility may consider the procedural rules that are applicable in a court of law; however, such individual or Committee shall not be bound by such procedural rules and may take such action in the disciplinary proceeding as fairness and justice require.

In the event that a required or permitted notice is delivered to one or more parties to a disciplinary proceeding in a manner that does not comply with the requirements of this Regulation, such failure to comply shall not be deemed substantive unless one or more of the parties to whom such notice was directed was, in fact, adversely affected by such failure to comply.

ARTICLE XII

HEARING COMMITTEE

PART A. APPOINTMENT OF HEARING COMMITTEE

Section 1. Action to be Taken by Regional Member of Ethics Administration Division Upon Approval of a Grievance Committee Complaint. When the Regional Member of the Ethics Administration Division in charge of a file has approved a formal Grievance Committee Complaint alleging that a Member or an Affiliate (the "accused Member or Affiliate") has failed to observe the requirements of the Appraisal Institute's Code of Professional Ethics, such Regional Member shall promptly notify the immediate past Regional Chair of the Region in which the local chapter of the accused Member or Affiliate is located (the "Home Region") that a formal Grievance Committee Complaint has been prepared and request such immediate past Regional Chair to appoint a Hearing Committee. In addition, the Regional Member shall advise such immediate past Regional Chair of the names and addresses of all other individuals then known to be involved in the case (as participants, as witnesses or as members of the Grievance Committee) so that the immediate past Regional Chair may appoint an impartial Hearing Committee. If no immediate past Regional Chair exists, the Regional Member of the Ethics Administration Division in charge of the file shall send the Notice described in this section to the individual delegated by the Chair of the National Committee of Regional Chairs for this purpose pursuant to Section 2 of this Part.

Section 2. Appointment of Hearing Committee by Immediate Past Regional Chair of the Home Region. Upon receipt of a notice from the Regional Member of the Ethics Administration Division in charge of the file that a formal Grievance Committee Complaint has been prepared and approved involving a Member or an Affiliate whose local chapter is located within his or her Region, the immediate past Regional Chair of the Home Region shall promptly appoint a Hearing Committee. Except as provided in Article IX, the Chair and other members of a Hearing Committee shall be appointed from the Regional Panel of the Home Region.

If for any reason the immediate past Regional Chair of the Home Region has a conflict of interest or is unable or unwilling to make this appointment, or if no immediate past Regional Chair exists, the Chair of the National Committee of Regional Chairs shall delegate either an individual who previously served as a Regional Chair in the Home Region, an immediate past Regional Chair from another Region, a past AIREA Regional Vice President from the Home Region, or a past Society District Governor from the Home Region for this purpose.

Each Hearing Committee shall consist of a Chair the Chair or one other member of the and not less than two (2) nor more than four (4) other Committee be excused from serving members. No member of the Hearing Committee Hearing Committee shall be personally interested in the case or biased in (v) The last date by which any Challenges favor of or prejudiced against the accused Member or or any Peremptory Challenge may be Affiliate and no member of the Hearing Committee The filing date of a Challenge for Causal have participated in any investigation of the Peremptory Challenge shall be the pc allegations contained in the Complaint or have served such item is mailed to the Regional Member on the Grievance Committee that prepared the Ethics Administration Division in charge o
Complaint. Upon making such appointments, the if not mailed, the date that such item immediate past Regional Chair shall advise the such Regional Member. Regional Member of the Ethics Administration Upon a timely request by the accused Division in charge of the file of the names, addresses Affiliate, and for good cause shown, the R and telephone numbers of such appointees. Member of the Ethics Administration Division

Section 3. Filing of Complaint and Notice of Ap- charge of the file shall have the power to expointment. When the Regional Member of the Ethics period allowed for the filing of A Peremptory Administration Division in charge of the file is lenge and Challenges for Cause. advised by the immediate past Regional Chair as to

Section 4. Final Dates for Filing Challengethe names, addresses and telephone numbers of the date fixed as the last day for the filing of CI individuals who have been appointed as the Chair for Cause and a Peremptory Challenge shall and other members of the Hearing Committee' the less than fifteen (15) days nor more than to Regional Member shall mail to such individuals a (25) days from the date the accused Member Notice of Appointment, together with a copy of the Affiliate receives the Notice of Appointment Grievance Committee Complaint and a form concern

Section 5. Challenges for Cause. An accusor or Affiliate may file with the Regional Me Ethics Administration Division in charge of Challenge for Cause requesting that any member of the Hearing Committee be excused from the Hearing Committee because such member of the Hearing Committee has a personal interest or is otherwise prejudiced against the a or Affiliate. There is no specific limit number of Challenges for Cause that may disciplinary proceeding provided that each Challenge for Cause is filed within the time established pursuant to this Regulation. Each Challenge for Cause must specifically set of facts and reasoning which support the accused Member or Affiliate.

Section 6. Procedure for Ruling Upon a Chfor Cause. Upon receipt of a Challenge for
Regional Member of the Ethics Administration Division in charge of the file shall (a) promFthe complete file and study the facts and rea
forth by the accused Member or Affiliate in his or her request, and (b) determine whether request should be granted.

Section 7. Peremptory Challenge. An accusor Member or Affiliate may file with the Regional Member of the Ethics Administration Division charge of the file one (and only one) Permanent Challenge requesting that one member of the Committee be excused from serving on the Committee. No facts or reasoning need be stage support a Peremptory Challenge and such shall automatically be allowed if it was filed the time limits established pursuant to this situation possible conflict of interest. When the Regional Member of the Ethics Administration Division in charge of the file has received an acceptance of appointment and a statement indicating no conflict of interest from each of the individuals who have been appointed as the Chair and other members of the Hearing Committee, the Regional Member shall file the formal Grievance Committee Complaint by sending a copy thereof to the accused Member or Affiliate, by certified mail return receipt requested, together with a notice advising the accused Member or Affiliate of the appointment of the Hearing Committee. This notice shall contain the following information: (i) The name, address, and telephone number of the Chair and each member of the Hearing Committee. (ii) The name, address and telephone number of the Chair and each member of the Grievance Committee. (iii) Advice to the accused Member or Affiliate that he or she may file with the Regional Member of the Ethics Administration Division in charge of the file a Challenge for Cause requesting that the Chair or any member of the Hearing Committee be excused from serving on the Hearing Committee because such Chair or other member of the Hearing Committee has a personal interest in the case or is prejudiced against the accused Member or Affiliate. Advice to the accused Member or Affiliate that he or she may file with the Regional Member of the Ethics Administration Division in charge of the file one Peremptory Challenge requesting that

Section 8. Appointment of Replacements. If a Peremptory Challenge is received and allowed or if a Challenge for Cause is received and granted (or if a member of a Hearing Committee resigns), the Regional Member of the Ethics Administration Division in charge of the file shall promptly notify the immediate past Regional Chair of the Home Region that the named member (or Chair) of the Hearing Committee has been excused. Upon receipt of such notice, the immediate past Regional Chair of the Home Region shall promptly appoint a new member (or Chair) to replace the individual who has been excused. If for any reason the immediate past Regional Chair of the Home Region has a conflict of interest or is unable or unwilling to make this appointment, the Chair of the National Committee of Regional Chairs shall delegate either an individual who previously served as a Regional Chair in the Home Region, an immediate past Regional Chair from another Region, a past AIREA Regional Vice President from the Home Region, or a past Society District Governor from the Home Region for this purpose. Upon making an appointment to replace a member (or Chair) of a Hearing Committee who has been excused, the immediate past Regional Chair of the Home Region shall advise the Regional Member of the Ethics Administration Division in charge of the file of the name, address and telephone number of each such replacement appointee. Upon receipt of such information, the Regional Member of the Ethics Administration Division in charge of the file shall promptly mail a formal Notice of Appointment to such new appointee, together with a copy of the Grievance Committee Complaint and a form concerning possible conflict of interest. When the Regional Member of the Ethics Administration Division in charge of the file has received an acceptance of appointment and a statement indicating no conflict of interest from each replacement appointee to the Hearing Committee, the Regional Member shall notify the accused Member or Affiliate, by certified mail, return receipt requested, of such replacement appointment. This Notice of Replacement Appointment shall contain the following information: (i) The name, address, and telephone number of the Chair and each member of the Hearing Committee. (ii) The name, address and telephone number of the Chair and each member of the Grievance Committee. (iii) Advice to the accused Member or Affiliate that he or she may file with the Regional Member of the Ethics Administration Division in charge of the file a Challenge for Cause requesting that any newly appointed member of the Hearing Committee be excused from serving on the Hearing Committee because such newly appointed member of the Hearing Committee has a personal interest in the case or is prejudiced against the accused Member or Affiliate. The last date by which any Challenges for Cause may be filed. An accused Member or Affiliate shall have the right, exercisable within a period of fifteen (15) days from the date of the mailing of the Notice of Replacement Appointment, to file a Challenge for Cause relating to one or more of the newly appointed members of the Hearing Committee. Each such Challenge for Cause shall be processed in the same manner as is set forth above in Section 5 and Section 6 of this Part A.

Section 9. Notice to Hearing Committee Chair. When the period of time allowed for the filing of a Peremptory Challenge and all Challenges for Cause has expired (or the accused Member or Affiliate has notified the Regional Member in writing that he will not file any challenges) and the final composition of the Hearing Committee has been determined, the Regional Member of the Ethics Administration Division in charge of the file shall advise the Chair of the Hearing Committee as to the final composition of the Hearing Committee and direct the Chair to make the necessary arrangements for the Hearing and to give the formal Notice of Hearing required by Part B of this Article.

Section 10. Removal From Hearing Committee. If the Regional Member of the Ethics Administration Division in charge of the file determines that a member of a Hearing Committeeeither has a conflict of interest or has failed to perform his or her assigned duties in a timely manner, the Regional Member may request the Ethics Administration Division Chair to recommend to the Ethics and Counseling Committee Chair that he or she remove the member from the Hearing Committee or discharge the entire Committee.

Upon receipt of any such recommendation, the Ethics Administration Division Chair shall make such investigation as he or she may deem appropriate. If the Ethics Administration Division Chair determines that such member of a Hearing Committee either has a conflict of interest or has failed to perform his or her assigned duties in a timely manner, the Ethics Administration Division Chair shall recommend to the Ethics and Counseling Committee Chair that he or she remove such member from the Hearing Committee. In addition, the Ethics Administration Division Chair may recommend to the Ethics and Counseling Committee Chair that any member discharged from the Hearing Committee also be removed from the Regional Panel. Upon receipt of any such recommendation, the Ethics and Counseling Committee Chair shall make such investigation as he or she may deem appropriate. Upon completion of such investigation, if the Ethics and Counseling Committee Chair determines that a member either has a conflict of interest or has failed to perform his or her assigned duties in a timely manner, the Ethics and Counseling Committee Chair may remove such member from the Hearing Committee or discharge the entire Committee. In addition, the Ethics and Counseling Committee Chair may remove such individual's name from the Regional Panel.

PART B. ACTIONS PRIOR TO HEARING

Section 1. Notice of Hearing. Within a reasonable time after receipt from the Regional Member of the Ethics Administration Division in charge of the file of a notice to proceed with selecting a Hearing date, the Chair of the, Hearing Committee shall select a Hearing date complying with the requirements of Section 2 below and mail a Notice of Hearing by certified mail, return receipt requested, to the accused Member or Affiliate. The Chair of the Hearing Committee shall also mail a copy of such Notice of Hearing by regular mail to the other members of the Hearing Committee, the Chair and other members of the Grievance Committee and the Regional Member of the Ethics Administration Division in charge of the file. This Notice of Hearing shall set a date, time and place for a Hearing on the Grievance Committee Complaint and shall also contain the following information:

(i) The name, address and telephone number of the Chair and each member of the Hearing Committee.

(ii) The name, address and telephone number of the Chair and each member of the Grievance Committee.

(iii) Advice to the accused Member or Affiliate that a written Answer to Complaint or a written Request for a Bill of Particulars may be filed with the Chair of the Hearing Committee and the last date by which such Answer or such Request may be filed.

(iv) Advice to the accused Member or Affiliate that if such accused Member or Affiliate shall give notice thereof to the Chair of the Hearing Committee in the manner and within the time period set forth in Section 10 of this Part B, such accused Member or Affiliate shall have the right to request that the Chair of the Hearing Committee issue invitations to individuals who are not Members or Affiliates requesting, and summonses to Members and Affiliates requiring, one or both of the following: (a) that such individuals appear and testify at the Hearing; (b) that such individuals produce such documentary evidence in their possession or control as may be relevant to the subject matter of the proceedings and specified in such invitation or summons.

(v) Advice to the accused Member or Affiliate that, if such accused Member or Affiliate shall give notice thereof to the Chair of the Hearing

Committee and to the Chair of the Grievance Committee in the manner and within the tin period set forth in Section 7 of this Part B, such Member or Affiliate shall have the right to b represented at the Hearing by legal counsel. The Notice of Hearing mailed to the accused Member or Affiliate shall be accompanied by a of for the use of the accused Member or Affiliate in notifying the Chair of the Hearing Committee of the intention of the accused Member or Affiliate to 1 represented at the Hearing by legal counsel.

The filing date of an Answer to Complaint, Request for a Bill of Particulars, an invitation to appear and testify, a summons to appear and and a notice of intention to be represented by le counsel shall be the postmark date that such item mailed to the Chair of the Hearing Committee not mailed, the date that such item is received I Chair.

Section 2. Fixing of Date for Hearing and Final Dates for Filing Various Documents and Required% The date set for the Hearing shall be not less this forty-five (45) days nor more than sixty (60) da, the date of the mailing of the Notice of Hearing date fixed as the last day for the filing of a writ Answer to Complaint or a written Request for i Particulars shall be not less than thirty (30) day more than forty (40) days from the date of the i of the Notice of Hearing.

The date fixed as the last day for the filing request for the issuance of an invitation to an ii ual who is not a Member or an Affiliate, or a s, summons to a Member or an Affiliate, shall be fifteen days prior to the Hearing date. The date fixed; last day for filing a notice of intention to be ref represented by legal counsel at the Hearing shall be as fifteen (15) days prior to the Hearing date.

Upon the timely request of any party to the proceedings and for good cause shown, the Chair the Hearing Committee shall have the power to the date of the Hearing; to extend the period a for the filing of an Answer to Complaint, a Re for a Bill of Particulars, or a Bill of Particulars, reduce the period prior to the Hearing date for the timely filing of a request for the issueance of an invitation or a summons or a notice of intent to be represented by legal counsel. The Chair of the Committee shall also have the right, in his sole discretion, to reset the date of the Hearing whenever he or she is of the opinion that additional time is required to enable one or more of the I to adequately prepare for the Hearing.

Section 3. Answer to Complaint. An accused Or Affiliate shall have the right to file a wi Answer to Complaint within the time lin-dt sp in the Notice of Hearing. Such Answer to Complaint shall be filed with the Chair of the Hearing Committee and a copy thereof shall be mailed to the Members of the Hearing Committee, to the Chair and other members of the Grievance Committee, and to the Ethics and Counseling Department at the National Headquarters of the Appraisal Institute. The Answer to Complaint may deal with each allegation of the Complaint and may also raise affirmative defenses which, in the opinion of the accused Member or Affiliate, serve as further answer to the allegations of the Complaint. If the Answer to Complaint is filed by legal counsel for the accused Member or Affiliate, and the address of such legal counsel is provided to the Chair of the Hearing Committee and to the Chair of the Grievance Committee, a copy of all subsequent
notices and pleadings shall be mailed by regular mail to such legal counsel.

Section 4. Request for a Bill of Particulars. If, in the opinion of the accused Member or Affiliate, the Grievance Committee Complaint is defective for lack of specificity and does not sufficiently set forth the details of each action (or failure to act) of the accused Member or Affiliate which is alleged to be in violation of the Appraisal Institute's Code of Professional Ethics, the accused Member or Affiliate may file a formal Request for a Bill of Particulars to compel the Grievance Committee to supply such additional information as will enable the accused Member or Affiliate to be fully aware of the nature of the charges and permit such accused Member or Affiliate to prepare his or her defense to the allegations of the Complaint. Such Request for a Bill of Particulars shall be filed with the Chair of the Hearing Committee and a copy thereof shall be mailed to the other members of the Hearing Committee, the Chair and other members of the Grievance Committee and to the Ethics and Counseling Department at the National Headquarters of the Appraisal Institute. If the Re quest for a Bill of Particulars is filed by legal counsel for the accused Member or Affiliate, and the address of such legal counsel is provided to the Chair of the Hearing Committee and to the Chair of the Grievance Committee, a copy of all subsequent notices and pleadings shall be mailed by regular mail to such legal counsel.

Section 5. Consideration of a Request for a Bill of Particulars. Upon receipt of a Request for a Bill of Particulars filed within the time limits established pursuant to this Regulation, the Chair of the Hearing Committee shall contact each member of the Hearing Committee for the purpose of ruling upon such Request. If the majority of the Hearing Committee concludes that all or any part of such Request should be granted, the Chair of the Hearing Committee shall send a notice to the Chair of the Grievance Committee

(a) requiring the Grievance Committee within fifteen (15) days of the date of such notice, to file a Bill of Particulars with the Chair of the Hearing Committee setting forth such additional factual details as the Hearing Committee may direct;

(b) advising the Grievance Committee that the date of the Hearing has been reset to a date not less than forty-five (45) days nor more than sixty (60) days from the date of such notice to the Grievance Committee; and

(c) advising the Grievance Committee that the last day on which the accused Member or Affiliate may file an Answer to Complaint has been reset to a date not less than thirty (30) nor more than forty (40) days from the date of the mailing of such notice to the Grievance Committee The Chair of the Hearing Committee shall also send a copy of this notice to the other members of the Hearing Committee, the accused Member or Affiliate, the other members of the Grievance Committee and the Regional Member of the Ethics Administration Division in charge of the file.

If the majority of the Hearing Committee concludes that all or any part of such Request should be denied, the Chair of the Hearing Committee shall promptly notify the accused Member or Affiliate of this decision and the basis for such denial. The Chair of the Hearing Committee shall also send a copy of this notice to the other members of the Hearing Committee, the Chair and other members of the Grievance Committee and the Regional Member of the Ethics Administration Division in charge of the file.

Section 6. Bill of Particulars. If a Hearing Committee rules that a Grievance Committee Complaint is defective for lack of specificity, the Grievance Committee shall prepare a Bill of Particulars and file such Bill of Particulars with the Chair of the Hearing Committee within a period of fifteen (15) days from the date of the notice from the Chair of the Hearing Committee. This Bill of Particulars shall set forth such additional factual details as have been required by the direction of the Hearing Committee.

Upon receipt of such Bill of Particulars from the Grievance Committee, the Chair of the Hearing Committee shall promptly send a copy thereof by certified mail, return receipt requested, to the accused Member or Affiliate. Copies of the Bill of Particulars shall also be mailed by regular mail to the other members of the Hearing Committee and to the Regional Member of the Ethics Administration Division in charge of the file.

Section 7. Notice of Intention to be Represented by Legal Counsel at the Hearing. Upon compliance with the notice provisions set forth in this section, an accused Member or Affiliate shall be entitled to be represented by legal counsel at the Hearing. If an accused Member or Affiliate intends to be represented by legal counsel at the Hearing, the accused Member or Affiliate must notify the Chair of the Hearing Committee, the Chair of the Grievance Committee and the Ethics and Counseling Department at the National Headquarters of the Appraisal Institute of this intention by a notice in writing either personally served or mailed to the Chair of the Hearing Committee by certified mail, with a copy thereof mailed to the Chair of the Grievance Committee and the Ethics and Counseling Department by regular mail, not less than fifteen (15) days prior to the date set for the Hearing. This notice shall specify the name, address and telephone number of the legal counsel who will represent the accused Member or Affiliate at the Hearing.

Section 8. Retention of Legal Counsel for the Grievance Committee. If an accused Member or Affiliate has filed a timely notice of intention to be represented by legal counsel at the Hearing, and the Grievance Committee or the Regional Member of the Ethics Administration Division in charge of the file decides that the Grievance Committee should also be represented by legal counsel at the Hearing, the Grievance Committee or the Regional Member of the Ethics Administration Division in charge of the file shall request the Ethics and Counseling Committee Chair to authorize such retention of legal counsel. Upon receipt of any such request, the Ethics and Counseling Committee Chair shall carefully review the matter and decide whether such request should be granted.

If the Ethics and Counseling Committee Chair decides that such request should be granted, the Ethics and Counseling Committee Chair shall contact the Executive Vice President of the Appraisal Institute, who shall determine whether the funds budgeted for this purpose are sufficient. If such funds are sufficient, the Executive Vice President shall immediately notify the Ethics and Counseling Committee Chair and the Ethics and Counseling Committee Chair shall authorize the retention of legal counsel for the Grievance Committee at the Hearing for a fee not to exceed the budget allocation.

If the funds budgeted for this purpose are not sufficient, the Executive Vice President shall refer the request for the retention of legal counsel to the President of the Appraisal Institute. The President of the Appraisal Institute may authorize such retention of legal counsel if he or she deems it appropriate.

Legal counsel retained to assist a Grievance Committee at a Hearing held pursuant to this Regulation shall be permitted to advise and counsel the Grievance Committee; to ask questions of the Chair and other members of the Hearing Committee; to ask questions of legal counsel for the accused Member or Affiliate; and to make oral arguments with respect to the position of the Grievance Committee. However, legal counsel retained by a Grievance Committee shall not be permitted to conduct a direct examination or a cross-examination of the accused Member or Affiliate or any other witness at the Hearing.

Section 9. Retention of Legal Counsel by Hearing Committee. Whether or not the accused Member or Affiliate is represented by legal counsel at the Hearing, the Hearing Committee may utilize its own legal counsel to advise it as to legal and procedure and to answer any questions raised by the ac Member or Affiliate, by legal counsel for the Member or Affiliate, or by the Grievance Committee if the Hearing Committee decides that it be represented by legal counsel at the Hearir Chair of the Hearing Committee shall request Ethics and Counseling Committee Chair to such legal counsel or to authorize the retain independent legal counsel. Upon receipt of a request, the Ethics and Counseling Committee shall carefully review the matter and decide or not such request should be granted.

If the Ethics and Counseling Committee decides that such request should be granted, Ethics and Counseling Committee Chair and the Executive Vice President of the Appraisal and request that such legal counsel be from the Appraisal Institute or that a budget allow made for the purpose of retaining independent counsel. If the Executive Vice President decides the Appraisal Institute should furnish legal, the Executive Vice President shall make the arrangements and advise the Ethics and Counseling Committee Chair of these arrangements. If Executive Vice President decides that a bud, allocation should be made for this purpose funds budgeted for this purpose are sufficient Executive Vice President shall notify the Ethics and Counseling Committee Chair of this decision. Ethics and Counseling Committee Chair shall authorize the Hearing Committee to retain independent counsel for the Hearing for a fee not to exceed budget allocation.

If the funds budgeted for this purpose sufficient, or if the Executive Vice President make Appraisal Institute counsel available such budget allocation, the request of the Hearing Committee shall be referred to the President Appraisal Institute. The President of the Appraisal Institute may authorize such retention of le counsel if he or she deems it appropriate.

Section 10. Witnesses and Evidence. invite Summonses issued by the Hearing Committee, fall into one of the three following categories

(a) Invitations to a Non member or Nonaffiliated Both the accused Member or Affiliate a Grievance Committee shall have the right to request, at any time prior to fifteen (15) before the Hearing date, that the Chair Hearing Committee issue invitations to all those who are not Members or Affiliates: one or both of the following:

(i) that such individual appear and the Hearing;

(ii) that such individual produce such tary evidence in his or her possess control as may be relevant to the matter of the proceedings and specified in such invitation.

(b)Invitations to Members or Affiliates Both the accused Member or Affiliate and the Grievance Committee shall have the right to request, at any time prior to fifteen (15) days before the Hearing date, that the Chair of the Hearing Committee issue invitations to Members or Affiliates to appear and testify at the Hearing as expert witnesses. As used in this context an expert witness is an individual invited to testify at a Hearing who has specialized knowledge that will assist the Hearing Committee to understand evidence or to determine an issue in the case. Any Member or Affiliate who is issued an invitation to testify at the Hearing as an expert witness may decline the invitation to testify.

(c) Summons to a Member or an Affiliate Both the accused Member or Affiliate and the Grievance Committee shall have the right to request, at any time prior to fifteen (15) days before the Hearing date, that the Chair of the Hearing Committee issue a summons to a Member or an Affiliate who possesses knowledge of the facts which are at issue in the case requiring one or both of the following: i) that such Member or Affiliate appear and testify at the Hearing; ii) that such Member or Affiliate produce suchdocumentary evidence in his or her possession or control as may be relevant to the subject matter of the proceedings and specified in such summons. Except for good cause shown, any Member or Affiliate who possesses knowledge of the facts which are at issue in the case under consideration and receives such a summons but fails to appear and testify, or fails to produce relevant documentary evidence in his or her possession or control which is specified in a summons, shall be in violation of Canon 2 of the Appraisal Institute's Code of Professional Ethics.

The Chair of the Hearing Committee shall issue an invitation or summons upon request only if the following conditions are met: 1) the request is written; 2) the request is timely; 3) the request is material to the issues in the case and is reasonably necessary for the prosecution or defense of the case. If the accused Member or Affiliate exercises his or her right to request the Chair of the Hearing Committee to issue an invitation or a summons, and the Chair of the Hearing Committee does issue such invitation or summons, the accused Member or Affiliate must pay the expenses of the witness he or she requested. Provided previous written arrangements have been made, Members or Affiliates who are summoned may seek reimbursement for travel expenses only. Upon the issuance of an invitation or summons, the Chair of the Hearing Committee shall mail a copy thereof to the accused Member or Affiliate and to the Chair of the Grievance Committee.

Section 11. Motion to Dismiss. If a Hearing has been scheduled but, prior to the date of such Hearing, the Grievance Committee obtains new evidence that leads it to conclude that it cannot prove, by the greater weight of the evidence, that the accused Member or Affiliate violated the Code of Professional Ethics as alleged in the Complaint, the Grievance Committee may file a Motion to Dismiss. Such Motion to Dismiss shall be filed with the Chair of the Hearing Committee by certified mail and a copy of the Motion shall be mailed to the accused Member or Affiliate by regular mail.

Upon receipt of a Motion to Dismiss filed by a Grievance Committee, the Chair of the Hearing Committee shall promptly review the factual information set forth in the Motion to dismiss and determine whether the Motion to Dismiss should be granted. If the Motion is granted, the Chair of the Hearing Committee shall promptly notify the accused Member or Affiliate and the Chair of the Grievance Committee by certified mail and a copy of such notice shall be mailed by regular mail to the Regional Member of the Ethics Administration Division in charge of the file. If the Motion is not granted, the Chair of the Hearing Committee shall set forth in writing the reason that such Motion to Dismiss was not granted and immediately notify the accused Member or Affiliate and the Chair of the Grievance Committee of this determination by certified mail. A copy of such notice shall be mailed by regular mail to the Regional Member of the Ethics Administration Division in charge of the file.

PART C. PROCEDURAL RULES GOVERNING THE CONDUCT OF A HEARING

Section 1. General Rules. The Chair of a Hearing Committee shall preside at the Hearing and conduct the Hearing in accordance with the rules set forth in this Regulation. The Grievance Committee shall be the complainant at the Hearing and may be represented by one or more individuals serving on the Grievance Committee. The Grievance Committee has the burden of proof to establish, by the greater weight of the evidence, that the actions (or failure to act) of the accused Member or Affiliate were in violation of the Appraisal Institute's Code of Professional Ethics. The accused Member or Affiliate shall have the right to be present during the entire Hearing.

Section 2. Procedure at the Hearing. The Chair of the Hearing Committee shall afford the parties to the Hearing full opportunity to be heard, to offer the testimony of witnesses and to present documentary evidence relating to the issues involved in the Hearing, subject, however, to the judgment of the Hearing Committee as to the relevance of such testimony and documentary evidence to the issues before it. In evidentiary matters the Hearing Committee may consider the rules of evidence that are applicable in a court of law; however, the Hearing Committee shall not be bound by such rules of evidence and may consider in the proceeding all evidence which, in its opinion, fairness or justice requires. Both the accused Member or Affiliate and the Grievance Committee shall have the right to present such witnesses as the Hearing Committee deems appropriate, whether or not an invitation or summons, was issued to any such witnesses.

The Grievance Committee shall introduce at the Hearing evidence to support those allegations of the Grievance Committee Complaint which have not been admitted in the Answer to Complaint of the accused Member or Affiliate, provided, however, that no evidence shall be presented at the Hearing and no reference shall be made by the Grievance Committee to any prior disciplinary action taken against or involving the accused Member or Affiliate unless such prior disciplinary action was published and involved the same substantive violation of the Appraisal Institute's Code of Professional Ethics as is alleged in the pending Grievance Committee Complaint.

The Grievance Committee may also examine or cross-examine the accused Member or Affiliate; cross-examine witnesses appearing on behalf of the accused Member or Affiliate; ask questions of the Chair or any member of the Hearing Committee, or of legal counsel for the Hearing Committee or the accused Member or Affiliate; and make oral arguments with respect to the subject matter of the Complaint.

The accused Member or Affiliate shall introduce at the Hearing evidence to rebut the allegations of the Grievance Committee and to support any affirmative defenses raised in the Answer to Complaint. The accused Member or Affiliate may also offer the testimony of witnesses and documentary evidence in his or her defense; examine or cross-examine the Chair or any member of the Grievance Committee; cross-examine witnesses appearing on behalf of the Grievance Committee; ask questions of the Chair or any member of the Hearing Committee or of legal counsel for the Hearing Committee or the Grievance Committee; and make oral arguments in support of his or her defense.

The members of the Hearing Committee may examine the Chair or any member of the Grievance Committee examine the accused Member or Affiliate; examine any of the witnesses presented by the Grievance Committee or by the accused Member or Affiliate; and ask questions of legal counsel for the accused Member or Affiliate or for the Grievance Committee.

Section 3. Recess or Adjournment of Hearing. The Chair of the Hearing Committee may recess the Hearing or adjourn and reconvene the Hearing from time to time whenever fairness or convenience requires.

Section 4. Transcript. A court reporter shall be present at each Hearing held pursuant to this Regulation and take a verbatim stenographic record of the entire proceedings. This stenographic record need not be transcribed unless (i) the accused Member or Affiliate shall file a Notice of Appeal, or (ii) such transcript is requested by the Regional Member of the Ethics Administration Division in charge of the file. In either case, the cost of the transcript shall be paid by the Ethics Administration Division.

PART D. ACTIONS TO BE TAKEN AT THE CONCLUSION OF HEARING

Section 1. Hearing Committee Decision. As soon as possible after the conclusion of a Hearing, the Hearing Committee, in Executive Session, shall consider the Grievance Committee Complaint, the Answer to Complaint of the accused Member or Affiliate, the testimony of the witnesses and documentary evidence introduced at the Hearing and the oral arguments to determine whether, by the greater weight of the evidence, the accused Member or Affiliate violated the Appraisal Institute's Code of Professional Ethics.

If the determination of the Hearing Committee is that the accused Member or Affiliate did not violate the Appraisal Institute's Code of Professional Ethics, this determination shall be incorporated in a formal written decision (hereinafter referred to as "Hearing Committee Decision" in the form hereinafter specified.

If the determination of the Hearing Committee is that the accused Member or Affiliate did violate the Appraisal Institute's Code of Professional Ethics, the Hearing Committee shall then consider and determine its recommendation as to the appropriate disciplinary action to be taken. For this purpose, the Hearing Committee may take into account all prior disciplinary actions against the Member or Affiliate, if any. Therefore, after the Hearing Committee has made a final determination that the accused Member or Affiliate did violate the Appraisal Institute's Code of Professional Ethics, the Chair of the Hearing Committee shall open the sealed envelope in the file which is marked "CONFIDENTIAL" and contains the prior disciplinary record of the accused Member or Affiliate. This prior disciplinary record shall then be made known to the members of the Hearing Committee

When the Hearing Committee has made a decision concerning its recommendation as to the appropriate disciplinary action to be taken, both its determination that the accused Member or Affiliate did violate the Appraisal Institute's Code of Professional

Ethics and its recommendation as to the appropriate disciplinary action to be taken shall be incorporated in a Hearing Committee Decision in the form herein after specified. The Hearing Committee Decision shall be prepared and filed Within forty-five (45) days of the date that the Hearing Committee has made the determination required by this Regulation; however, upon receipt of a written request from the Chair of the
Hearing Committee setting forth facts and circumstances stances justifying an extension, the Regional Member of the Ethics Administration Division in charge of the file may extend the time for filing such Hearing Committee Decision to a date which such Regional Member deems reasonable under the circumstances. The Hearing Committee Decision shall be signed by not less than a majority of the Hearing Committee.

Section 2. Contents of Hearing Committee Decision. Each Hearing Committee Decision shall contain: (i) a summary of all testimony and all documentary evidence admitted at the hearing; ii) detailed findings of fact; (iii) a specific determination as to which alleged violations of the Appraisal Institute's Code of Professional Ethics have not been proved by the greater weight of the evidence, if any; and (v) a specific determination as to which alleged violations of the Appraisal- Institute's Code of Professional Ethics have been proved by the greater weight of the evidence, if any. If the determination of the Hearing Committee is that the accused Member or Affiliate did violate the Appraisal Institute's Code of Professional Ethics, then in addition to complying with the above require ments, the Hearing Committee shall also set forth each provision of the Code of Professional Ethics which was found to have been violated and the specific action (or failure to act) of the Member or Affiliate which constituted such violation. In addition, the Hearing Committee Decision shall include the recommendation of the Hearing Committee as to the appropriate disciplinary action to be taken.

Section 3. Permitted Recommendations. If the determination of the Hearing Committee is that the accused Member or Affiliate did violate the Appraisal Institute's Code of Professional Ethics, the recommendation of the Hearing Committee as to the appropriate disciplinary action to be taken shall be one of the following:

(i) Admonishment, in the form and substance set forth in the Hearing Committee Decision;

(ii) Censure With Publication;

(iii) Suspension (of a designated Member);

(iv) Expulsion (of a designated Member);

(v) Termination of Affiliate Status (of a Candidate or state Accredited Affiliate of the Appraisal Institute).

Unless the Hearing Committee recommends Expulsion or Termination of Affiliate Status, the Hearing Committee may further recommend that the Member or Affiliate be offered an opportunity to complete a specified Educational Alternative in lieu of the recommended disciplinary action. If the Hearing Committee recommends that the Member or Affiliate be offered an opportunity to complete a specified Educational Alternative in lieu of the recommended disciplinary action, the decision of the Hearing Committee shall also recommend i) the Educational Alternative the Member or Affiliate must successfully complete, and ii) the period of time within which the Educational Alternative must be successfully completed. For any Appraisal Institute course that has an examination, the Hearing Committee must recommend that the course examination be taken and passed for successful completion of the Educational Alternative.

Prior to issuance of a Hearing Committee Decision offering an Educational Alternative, the Chair of the Hearing Committee shall contact the Ethics and Counseling Committee Chair to obtain his or her advice as to a reasonable and appropriate Educational Alternative. Upon receipt of such advice, the Hearing Committee shall make its final determination concerning the specified Educational Alternative.

Section 4. Transmittal of Hearing Committee Decision. When the Hearing Committee Decision has been completed and signed by the members of the Hearing Committee, the Chair of the Hearing Committee shall promptly transn-dt such Hearing Committee Decision to the accused Member or Affiliate by certified mail, return receipt requested. A copy of the Hearing Committee Decision shall be mailed by regular mail to the Chair of the Grievance Committee and to the Regional Member of the Ethics dnistratioh Division in charge of the file.

If the Hearing Committee Decision is that the accused Member or Affiliate did violate the Appraisal Institute's Code of Professional Ethics, the transmittal letter from the Chair of the Hearing Committee to the accused Member or Affiliate shall (a) advise the accused Member or Affiliate of his or her right to appeal the Hearing Committee Decision, (b) specify the last date by which such Member or Affiliate may file a Notice of Appeal, and (c) advise the Member or Affiliate that the Notice of Appeal must be filed with the Chair of the Appellate Division by certified mail and that copies of such Notice of Appeal must be mailed by regular mail to the Chair of the Grievance Committee and to the Regional Member of the Ethics Administration Division in charge of the file. The transmittal letter from the Chair of the Hearing Committee shall further advise the Member or Affiliate as to the name, address and telephone number of the Chair of the Appellate Division, and the name, address and telephone number of the Chair of the Grievance Committee and the name, address and telephone number of the Regional Member of the Ethics Administration Division in charge of the file.

PART E. PROCEDURE TO BE FOLLOWED IF A HEARING COMMITTEE RECOMMENDS DISCIPLINARY ACTION

Section 1. Action to be Taken When a Timely Appeal is Not Filed and the Hearing Committee Did Not Recommend That an Educational Alternative be Offered. If a Member or an Affiliate fails to file a timely notice of appeal from a Hearing Committee Decision which recommends that a disciplinary action be taken but does not recommend a specified Educational Alternative in lieu of such disciplinary action, the disciplinary action shall become effective. The file shall be marked "CLOSED" and shall be delivered to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. The Professional Standards Administrator shall post the disciplinary action to the record of the Member or Affiliate. If the disciplinary action to be taken is Expulsion, Termination of Affiliate Status, Suspension, or Censure with Publication, the Appellate Division shall determine the manner in which such disciplinary action shall be published.

Section 2., Action to be Taken When An Appeal is Not Filed and the Hearing Committee Recommended That an Educational Alternative be Offered. If a Member or an Affiliate fails to file a timely notice of appeal from a Hearing Committee Decision which recommends that a disciplinary action be taken and which further recommends that an Educational Alternative be offered in lieu of such disciplinary action, the Hearing Committee Chair shall forward to the Member or Affiliate a notice by certified mail, return receipt requested, stating that unless he or she accepts the Educational Alternative in writing to the Hearing Committee Chair, mailed or delivered within twenty (20) days after receipt of the Chair's notice, the disciplinary action recommended in the Hearing Committee decision will become effective and will be made a part of the record of the Member or Affiliate. If the Member or Affiliate fails to accept the Educational Alternative within the twenty (20) day period allowed for such acceptance, the recommended disciplinary action shall become effective and the failure to accept the Educational Alternative shall be recorded in the file. The file shall be marked "CLOSED" and shall be delivered to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. The Professional Standards Administrator shall post the disciplinary action to the record of the Member or Affiliate. If the disciplinary action to be taken is Expulsion, Termination of Affiliate Status, Suspension, or Censure with Publication, the Appellate Division shall determine the manner in which such disciplinary action shall be published.

If the Member or Affiliate accepts the Educational Alternative, the file shall be placed in suspense until the Hearing Committee can determine whether the Member or Affiliate successfully completed the Educational Alternative within the specified time period.

If the Hearing Committee determines that the Member or Affiliate successfully completed the Educational Alternative within the specified time period, the disciplinary action shall not become effective and the successful completion of the Educational Alternative shall be recorded in the file of the Member or Affiliate. The file shall be marked "CLOSED" and shall be delivered to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

If the Hearing Committee determines that the Member or Affiliate failed to successfully complete the Educational Alternative within the specified time period, the specific disciplinary action shall become effective and the failure to complete the Educational Alternative shall be recorded in the file of the Member or Affiliate. The file shall be marked "CLOSED" and shall be delivered to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. The Professional Standards Administrator shall post the disciplinary action to the record of the Member or Affiliate. If the disciplinary action to be taken is Expulsion, Termination of Affiliate Status, Suspension, or Censure With Publication, the Appellate Division shall determine the manner in which such disciplinary action shall be published. Section 3. Action to be Taken When a Timely Appeal is Filed. If the Member or Affiliate files a timely appeal of the Hearing Committee decision, the Chair of the Hearing Committee shall promptly deliver the file to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute and the procedure found in Article XV shall be followed.

PART F. ALTERNATE PROCEDURE TO BE FOLLOWED FOR VIOLATIONS OF ETHICAL RULE 1-2

Section 1. Automatic Suspension. Upon receipt of either (a) a certified copy of a Court document indicating that a Member has entered a guilty plea to having Committee a crime of the type referred to in Ethical Rule 1-2 together with information indicating that such Member has not as yet been convicted of such crime, or (b) a certified copy of a court document indicating that a Member has been found guilty by a judge or a jury of a crime of the type referred to in Ethical Rule 1-2 together with information indicating that all rights to appeal from such conviction have not been exhausted, the Executive Vice President shall give written notice to such Member that his or her privileges of membership have been suspended commencing on the day following the postmark date of such notice.

If the suspension is based upon a plea of guilty as described in (a) above and such plea is subsequently withdrawn, rejected or set aside, the suspension will expire on the date such plea is withdrawn, rejected or set aside. If the suspension is based upon a plea of guilty as described in (a) above and a Judgment of Conviction is subsequently entered, the suspension will expire on the date that all appeals of such conviction have been completed and finally determined. If the suspension is based upon conviction of a crime as described in (b) above, the suspension will expire on the date that all appeals of such conviction have been completed and finally determined. When such final determination has been made, the suspended Member shall have the duty and obligation to promptly notify the Executive Vice President as to the substance of such final determination.

Section 2. Right to Appeal Automatic Suspension. A Member who has been suspended from the privileges of membership pursuant to Section 1 above shall have the right to appeal such suspension by filing a timely Notice of Appeal with the Chair of the Appellate Division in accordance with the requirements of Article XV. In such event, the requirements and procedures governing the appeal shall be as set forth in Article XV of this Regulation with such modifications thereof as may be required to reflect the fact that the suspension was entered pursuant to Section 1 above.

Section 3. Automatic Expulsion. Upon receipt of a certified copy of a Judgment stating that a Member has been convicted of a crime of the type referred to in Ethical Rule 1-2 and evidence that all rights to appeal from such conviction have been exhausted, the Executive Vice President shall give written notice to such Member that he or she has been expelled from membership commencing on the day following the postmark date of the formal notice, subject, however, to the provisions of

Section 4 of this Part E. Section 4. Right to Appeal Automatic Expulsion. A Member who has been expelled pursuant to Section 3 above shall have the right to appeal such expulsion by filing a timely Notice of Appeal with the Chair of the Appellate Division in accordance with the requirements of Article XV. In such event, the requirements and procedures governing the appeal shall be as set forth in Article XV of this Regulation with such modifications thereof as may be required to reflect the fact that the expulsion was entered pursuant to Section 3 above.

Upon the filing of a timely Notice of Appeal, the automatic expulsion shall be stayed pending a final determination of the merits of such appeal; however, the membership privileges of such Member shall be suspended during the pendency of the appeal.

Section 5. Representative of Executive Vice PresidenL Since appeals under Section 2 and Section 4 above will be from determinations of the Executive Vice President and no Grievance Committee will be involved, the Chair of the Ethics Administration Division shall designate a member of that Division to act in the place of the Grievance Committee in connection with any such appeal.

Section 6. Prima Facie Evidence and Burden of Proof. At any appeal heard pursuant to Section 2 or Section 4 above, the submission into evidence of a certified copy of a Judgment stating that a Member has been convicted of a crime of the type referred to in Ethical Rule 1-2 shall be pri"ta facie evidence that the Member has violated Ethical Rule 1-2 of the Code of Professional Ethics; however, this shall not prevent a Member from introducing into evidence such evidence as may be appropriate to dispute or explain such conviction and the member of the Ethics Administration Division who has been designated to act in the place of the Grievance Committee shall have the burden of proof to establish, by the greater weight of the evidence, that such accused Member did, in fact, violate Ethical Rule 1-2. Section 7. Decision of Appeal Board. At the conclusion of a hearing on an appeal taken pursuant to Section 2 above, the Appeal Board shall either: (i) affirm the suspension; or (ii) reverse the suspension and allow the Member to enjoy the privileges of membership until such time as all appeals of his or her conviction have been finally determined. At the conclusion of a hearing on an appeal taken pursuant to Section 4 above, the Appeal Board shall have all of the powers of the Appeal Board set forth in Part D of Article XV.

PART G. ALTERNATE PROCEDURE TO BE FOLLOWED FOR VIOLATIONS OF ETHICAL RULE 2-3(C)

Section 1. Automatic Expulsion or Termination of Affiliate Status. Upon receipt of a Grievance Committee report from a duly appointed Grievance Committee stating that it has made an investigation to determine whether a Member or an Affiliate has violated Ethical Rule 2-3(c) of the Code of Professional Ethics by failing or refusing to submit to the Director of Screening or any other duly authorized member of the Screening Staff a copy of the written appraisal report, file memoranda containing data, reasoning and conclusions, or a Permission to Review, and that as the result of this investigation it has determined that such Member or Affiliate failed or refused to submit such requested documentation and that such failure or refusal was not excused under an exception to the Ethical Rules, the Executive Vice President shall give written notice to such Member or

Affiliate advising, if a Member, that he or she has been expelled from membership, or advising, if an Affiliate, that his or her affiliate status has been terminated.

Section 2. Right to Appeal Automatic Expulsion or Termination of Affiliate Status. A Member who has been expelled or an Affiliate whose affiliate status has been terminated pursuant to Section I above, shall have the right to appeal such Expulsion or such Termination of affiliate status by filing a timely Notice of Appeal with the Chair of the Appellate Division in accordance with the requirements of Article XV. In such event, the requirements and procedures governing the appeal shall be as set forth in Article XV of this Regulation, with such modifications thereof as may be required to reflect the fact that the Expulsion or Termination of affiliate status was entered pursuant to Section 1 above.

Upon the filing of a timely Notice of Appeal, the Expulsion or Termination of affiliate status shall be stayed pending a final determination of the merits of such appeal.

Section 3. Representation Before Appeal Board. Since an Appeal under Section 2 above is an Appeal from a determination made by a Grievance Committee, the Chair of the Grievance Committee, or such member of the Grievance Committee as may be designated by the Chair, shall act as the respondent in connection with any such Appeal.

Section 4. Prima Facie Evidence and Burden of Proof. At any Appeal heard pursuant to Section 2 above, the submission into evidence of a copy of the request to submit a written appraisal report, a file memoranda containing data, reasoning and conclusions, or a Permission to Review, together with a certified mail, return receipt signed by the Member or Affiliate to whom such request was delivered or an affidavit of personal service of such request, shall be prima faeieevidence that the Member or Affiliate received a request from the Director of Screening for submission of such documentation. Further, the Grievance Committee Report finding a violation of E.R. 2-3(c) shall be prima facie evidence that such documentation was not submitted to the authorized representative of the Appraisal Institute and that such failure or refusal was a violation of Ethical Rule 2-3(c) of the Code of Professional Ethics; however, this shall not prevent a Member or an Affiliate from introducing such evidence as may be appropriate to dispute or explain such failure or refusal to comply and the Grievance Committee shall have the burden of proof to establish, by the greater weight of the evidence, that such accused Member or Affiliate did, in fact, violate Ethical Rule 2-3(c).

Section 5. Decision of the Appeal Board. At the conclusion of the Hearing on an Appeal taken pursuant to Section 2 above, the Appeal Board shall have all of the powers of the Appeal Board set forth in Part D of Article XV.

PART H. ALTERNATE PROCEDURE TO BE FOLLOWED FOR FAILURE TO MEET MANDATORY CONTINUING EDUCATION REQUIREMENTS

Section 1. Automatic Termination of Membership. Upon receipt of a report from one of the national Education Committees stating that a Member, subject to mandatory continuing education requirements, has failed to meet such requirements, the Executive Vice President shall give written notice to such Member advising that he or she has been tern- tinated from membership. Each such Termination of membership shall be effective on the day following the postmark date of the formal notice, subject, however, to the provisions of Section 2 of this Part H.

Section 2. Right to Appeal Automatic Termination. A member who has been terminated from membership pursuant to Section 1 above, shall have the right to appeal such termination of membership by filing a timely Notice of Appeal with the Chair of the Appellate Division in accordance with the requirements of Article XV. In such event, the requirements and procedures governing the appeal shall be set forth in Article XV, with such modifications as may be required to reflect the fact that the Termination of Membership was entered pursuant to Section 1 above. Upon the filing of a timely Notice of Appeal, the Termination of Membership shall be stayed pending a final determination of the merits of such appeal.

Section 3. Representation Before Appeal Board. Since the appeal under Section 2 above is an appeal from a determination made by a national Education Committee, the Chair of the national Education Committee or such member of the national Education Committee designated by the Chair, shall act as the respondent in connection with any such appeal.

Section 4. Prima Facie Evidence and Burden of Proof. At any appeal heard pursuant to Section 2 above, the submission into evidence of a copy of the Appraisal Institute's continuing education records on the Member shall be prima facie evidence that the Member is subject to but failed to meet mandatory continuing education requirements. This shall not prevent the Member from introducing such evidence as may be appropriate to dispute or explain such failure to meet mandatory continuing education requirements. The national Education Committee shall have the burden of proof to establish, by the greater weight of the evidence, that the Member did fail to meet such requirements.

Section 5. Decision of the Appeal Board. At the conclusion of the hearing on an appeal taken pursuant to Section 2 above, the Appeal Board shall have all of the powers set forth in Part D of Article XV.

ARTICLE XIII

GENERAL RULES RELATING TO REVIEW AND

COUNSELING PROCEEDINGS

PARTA. DEFINITION OF REVIEW AND COUNSELING PROCEEDINGS

Section 1. Review and Counseling Proceedings. As used in this Regulation, the term "review and counseling proceeding" applies solely to actions taken pursuant to this Regulation to determine whether a Member or an Affiliate has violated the requirements of the Appraisal Institute's Standards of Professional Practice and to counsel such Member or Affiliate if it is determined that a violation did occur.

Section 2. General Purpose. The general purpose of review and counseling proceedings under this Regulation is to implement the Standards of Professional Practice of the Appraisal Institute by reviewing appraisal reports of Members and Affiliates. Review and counseling proceedings are educational in nature and are designed to elevate the standards and increase the competency of the real estate appraisal profession.

PART B. GENERAL RULES

Section 1. Address for Notices. Each Member and Affiliate shall keep the Appraisal Institute advised as to the current address of his or her principal place of business. Except as otherwise expressly provided in this Regulation, any notice to a Member or an Affiliate which is addressed to the principal place of business of such Member or Affiliate as it appears in the official records of the Appraisal Institute and is mailed within the time limits set forth in this Regulation shall be deemed good and sufficient notice for all purposes.

Section 2. Retention of Counseling Records. When educational counseling becomes final, it is entered into the Appraisal Institute's records relating to the individual Member or Affiliate for a period of ten years. Counseling is not published or made known to the membership or the general public.

Section 3. Cessation of Review and Counseling Proceedings During Pendency of Litigation. Anything herein to the contrary notwithstanding, if a Member or an Affiliate is notified that a matter in which he or she is involved is under consideration, investigation or review pursuant to the provisions of this Regulation, and if such matter is the subject of a pending judicial or quasi- judicial proceeding that would require cessation of such consideration, investigation or review, such Member or Affiliate shall promptly advise the Ethics and Counseling Committee Chair of such fact.

Further, if at any time it comes to the attention of any committee, Division, committee member or Division member acting hereunder, or to the attention of any member of the Screening Staff, that the subject matter under consideration, investigation or review pursuant to the provisions of this Regulation is involved in a pending judicial or quasi-judicial proceeding, such Committee Division, committee member, Division member or member of the Screening Staff shall immediately notify the Ethics and Counseling Committee Chair.

If, after receipt of any such notice, the Ethics and Counseling Committee Chair determines that further consideration, investigation or review could interfere with or affect such pending judicial or quasi-judicial proceeding, the Ethics and Counseling Committee Chair may direct that all further actions hereunder be postponed either (a) until such time as such judicial or quasi-judicial proceeding has been completed and a final order entered therein, or (b) until such time as the Ethics and Counseling Committee Chair directs. Upon the issuance of any such direction by the Ethics and Counseling Committee Chair, all further consideration, investigation and review of such matter shall cease until the time specified in the direction of the Ethics and Counseling Committee Chair.

If a Member or an Affiliate notifies the Ethics and Counseling Committee Chair of the pendency of a judicial or quasi-judicial proceeding and the Ethics and Counseling Committee Chair postpones further action or proceedings as provided above, the Member or Affiliate giving such notice shall have the duty and obligation to advise the Ethics and Counseling Committee Chair as to the name and address of the party or parties to contact for the purpose of monitoring the status of such pending judicial or quasijudicial proceeding. In addition, the Member or Affiliate giving such notice shall promptly notify the Ethics and Counseling Committee Chair when it comes to his or her attention that such pending judicial or quasi-judicial matter has become final.

Section 4. Deferral of Review and Counseling Proceedings for Medical Reasons. Anything herein to the contrary notwithstanding, if a Member or an Affiliate has been notified that a matter that he or she is involved in is under investigation, consideration, review or appeal pursuant to the provisions of this Regulation, and if such Member or Affiliate has a serious physical or mental illness or disability that in his or her opinion would substantially impair his or her ability to participate in a review and counseling proceeding, such Member or Affiliate may advise the Ethics and Counseling Committee Chair of this fact and request a postponement.

Upon receipt of any such request, the Ethics and Counseling Committee Chair shall make an investigation for the purpose of determining whether the medical problems of the Member or Affiliate are of such nature that the ability of the Member or Affiliate to participate in a review and counseling proceeding is substantially impaired. If a Member or an Affiliate performs appraisal services, or is otherwise employed
either full time or part time during the period of this investigation, this action shall conclusively be deemed to demonstrate the physical and mental ability of such Member or Affiliate to participate in a peer review investigation or disciplinary proceeding. If the Ethics and Counseling Committee Chair deems it appropriate, he or she may request the Member or Affiliate to a) submit to a medical examination by a medical
examiner selected by the Ethics and Counseling Committee Chair: and b) pay for such examination.

If upon completion of his or her investigation, the Ethics and Counseling Committee Chair determines that the physical or mental illness of the Member or Affiliate has substantially impaired such Member's or Affiliate's ability to participate, the Ethics and Counseling Committee Chair shall direct that all or any part of further peer review investigations or disciplinary proceedings hereunder be postponed either (a) until the Ethics and Counseling Committee Chair determines, after further investigation, that the medical problems of the Member or Affiliate no longer substantially impair his or her ability to participate in a peer review investigation or disciplinary proceeding, or (b) until such time as the Ethics and Counseling Committee Chair directs. In no event shall such deferral be made for a period in excess of one year; provided, however, that upon the expiration of the original deferral period, the Ethics and Counseling Committee Chair may again investigate the matter and, on the basis of such investigation, again defer the peer review investigation or disciplinary proceeding.

Section 5. Cessation of Review and Counseling Proceedings if a Disciplinary Proceeding or Professional Practice Proceeding is Pending. Anything herein to the contrary notwithstanding, if a Member or Affiliate is involved in a pending review and counseling proceeding being conducted pursuant to the provisions of this Regulation and such Member or Affiliate becomes aware of the fact that the subject matter of such review and counseling proceeding is also the subject matter of a professional practice proceeding under the Appendix to this Regulation, or an investigation by a Grievance Committee or a disciplinary proceeding being conducted pursuant to provisions of this Regulation, such Member or Affiliate shall promptly advise the Ethics and Counseling Committee Chair of such fact.

Further, if at any time it comes to the attention of any committee, Division, committee member or Division member acting hereunder, or to the attention of any member of the Screening Staff, that the actions of a Member or an Affiliate which are the subject matter of a pending review and counseling proceeding being conducted pursuant to the provisions of this Regulation are also the subject matter of a professional practice proceeding under the Appendix to this Regulation, or an investigation by a Grievance Committee or a disciplinary proceeding being conducted pursuant to the provisions of this Regulation, the party discovering such dual proceedings shall immediately notify the Ethics and Counseling Committee Chair of such fact.

Upon receipt of any such notice, the Ethics and Counseling Committee Chair shall make an investigation to determine whether or not a jurisdictional problem exists and, if the Ethics and Counseling Committee Chair determines that there is a jurisdictional problem, all further actions by the Review and Counseling Committee, all further actions by the Grievance Committee, all further proceedings by the Hearing Committee and all further proceedings in the Professional Practice Division concerning the matter shall be suspended until a determination has been made by the Screening Staff as to the proper proceeding to be conducted under this Regulation.When the Screening Staff has reviewed the complete file of the Review and Counseling Division and the complete file of the Ethics Administration Division or Professional Practice Division and has determined the appropriate course of action to be taken, the Screening Staff shall (a) notify either the Review and Counseling Division, the Ethics Administration Division, or the Professional Practice Division to proceed with the processing of the file, and (b) notify the Division which is not to proceed to close its file and take no further action.

Section 6. Procedural Matters. To the extent that a procedural question arises that is not specifically covered by this Regulation, the individual or Com Committee charged with responsibility may consider the procedural rules that are applicable in a court of law; however, such individual or Committee shall not be bound by such procedural rules and may take such action in the review and counseling proceedings as fairness and justice require.

In the event that a required or permitted notice is delivered to one or more parties to the review and counseling proceedings in a manner that does not comply with the requirements of this Regulation, such failure to comply shall not be deemed substantive unless one or more of the parties to whom such notice was directed was, in fact, adversely affected by such failure to comply.

ARTICLE XIV

REVIEW AND COUNSELING COMA41TTEE

PART A. COMPOSITION

Section 1. Appointment of Review and Counseling Committee. Each Review and Counseling Committee shall consist of a Chair and not less than two (2) nor more than four (4) other members. The Chair and other members of each Review and Counseling Committee shall be appointed to the Review and Counseling Committee by the Regional Member of the Review and Counseling Division in charge of the file. Except as provided in Article IX, the Chair and the members of a Review and Counseling Committee shall be selected from the membership of the Regional Panel of the Region in which the local chapter of the Member or Candidate is located. In addition, except as provided in Article IX, if the subject of the file is an appraisal of a one-to- four unit residential property, the Regional Member in charge of the file shall appoint a Review and Counseling Committee from Regional Panel members who work close to the local area, if such members are available and do not have a conflict of interest.

Section 2. Notice of Appointment and Submission of Conflict of Interest Statement. When the Regional Member of the Review and Counseling Division in charge of the file has selected the members of a Review and Counseling Committee, such Regional Member shall mail to each such appointee a formal Notice of Appointment and a form concerning possible conflict of interest. When the Regional Member has received an acceptance of appointment and a statement indicating no conflict of interest from each of the individuals who have been appointed as the Chair and other members of the Review and Counseling Committee, such Regional Member shall forward the file to the Review and Counseling Committee Chair.

Section 3. Subsequent Discovery of a Conflict of Interest. If at any time a member of a Review and Counseling Committee discovers that he or she has a personal interest in any matter assigned to such Review and Counseling Committee for investigation, or has a bias in favor of or prejudice against the individuals involved, such Member shall immediately notify the Regional Member of the Review and Counseling Division in charge of the file of such personal interest, bias or prejudice and take no further part in the review and counseling proceedings. When any member of a Review and Counseling Committee is thus disqualified, the Regional Member of the Review and Counseling Division in charge of the file shall then appoint another member of the Regional Panel to serve on such Review and Counseling Committee and act in the place of the disqualified member.

Section 4. Removal From Review and Counseling Committee. If the Regional Member of the Review and Counseling Division in charge of the file determines that a member of a Review and Counseling Committee either has a conflict of interest or has failed to perform his or her assigned duties in a timely manner ' the Regional Member may request the Review and Counseling Division Chair to recommend to the Ethics and Counseling Committee Chair that he or she remove the member from the Review and Counseling Committee or discharge the entire Committee.

Upon receipt of any such recommendation, the Review and Counseling Division Chair shall make such investigation as he or she may deem appropriate. If the Review and Counseling Division Chair determines that such member of a Review and Counseling Committee either has a conflict of interest or has failed to perform his or her assigned duties in a timely manner, the Review and Counseling Division Chair shall recommend to the Ethics and Counseling Committee Chair that he or she remove such member from the Review and Counseling Committee. In addition, the Review and Counseling Division Chair may recommend to the Ethics and Counseling Committee Chair that any member discharged from the Review and Counseling Committee also be removed from the Regional Panel.

Upon receipt of any such recommendation, the Ethics and Counseling Committee Chair shall make such investigation as he or she may deem appropriate. Upon completion of such investigation, if the Ethics and Counseling Committee Chair determines that a member either has a conflict of interest or has failed to perform his or her assigned duties in a timely manner, the Ethics and Counseling Committee Chair may remove such member from the Review and Counseling Committee or discharge the entire Committee. In addition, the Ethics and Counseling Committee Chair may remove such individual's name from the Regional Panel.

When any member of a Review and Counseling Committee is removed from the Committee in this manner, the Regional Member of the Review and Counseling Division in charge of the file may then appoint another member of the Regional Panel to serve on such Review and Counseling Committee. Such appointment shall be made in accordance with the requirements of this Part A.

Section 5. Appointment of Former Grievance Committee Member to Review and Counseling Committee. Anything herein to the contrary not withstanding, the Regional Member of the Review and Counseling Division in charge of the file may appoint, to a subsequently formed Review and Counseling Committee, an individual who has previously served on a Grievance Committee that investigated the subject matter of the Review and Counseling file. If such appointment is made, the Regional Member shall notify the accused Member or Affiliate in writing. This notice shall contain the following information: i) The subject matter of the Review and Counseling file and the fact that this subject matter was previously the subject of a Grievance Committee investigation. ii) The name, address, and telephone number of the Chair and each member of the Review and Counseling Committee Each member of the Review and Counseling Committee who previously served on the related Grievance Committee shall be specifically identified. (iii) Advice to the Member or Affiliate that he or she may file with the Regional Member of the Review and Counseling Division in charge of the file a Peremptory Challenge with respect to each individual who served on the Grievance Committee that previously investigated the subject matter of the file, and has now been appointed to serve on a subsequently formed Review and Counsel Committee. (iv) The date by which each such Peremptory Challenge must be filed if it is to be effective.

The filing date for a Peremptory Challenge shall be the postmark date that such Peremptory Challenge is mailed to the Regional Member of the Review and Counseling Division in charge of the file or, if not mailed, the date that it is received by such Regional Member. Upon a timely request by the Member or Affiliate, and for good cause shown, the Regional Member of the Review and Counseling Division in charge of the file shall have the power to extend the period allowed for the filing of a Peremptory Challenge.

Section 6. Peremptory Challenge. A Member or an Affiliate may file with the Regional Member of the Review and Counseling Division in charge of the file a Peremptory Challenge with respect to each individual who served on a Grievance Committee that previously investigated the subject matter of the Review and Counseling Committee file. No facts or reasoning need be stated to support a Peremptory Challenge and each such Peremptory Challenge shall automatically be allowed if timely filed. A Peremptory Challenge shall be considered timely if filed within a period of fifteen (15) days from the date the Member or Affiliate receives the Notice of Appointment.

PART B. INVESTIGATION

Section 1. Duty to Investigate. Each Review and Counseling Committee shall conduct a thorough investigation of the subject matter of each file referred to it by the Review and Counseling Division to determine whether, in the opinion of the Review and Counseling Committee on the basis of the factual information available to it, there is a reasonable probability that the action (or failure to act) of a Member or an Affiliate violated the requirements of the Appraisal Institute's Standards of Professional Practice. If a Review and Counseling Committee determines that, in its opinion, on the basis of the factual information available to it, there is a reasonable probability of such violation, it shall continue its investigation for the purpose of determining what further action is appropriate under this Regulation. As part of the Review and Counseling Committee's investigation, one or more members of the Review and Counseling Committee shall interview the Member or Affiliate. If the Member or Affiliate declines to be interviewed, the Review and Counseling Committee shall document this fact in writing.*

Section 2. Procedure for Investigation. The Chair of the Review and Counseling Committee may personally conduct all or any portion of an investigation or the Chair may assign all or any portion of a particular investigation to one or more members of the Review and Counseling Committee. The Chair, member or members to whom a particular portion of such investigation is assigned shall conduct such investigation with diligence and promptly report the results of such investigation to the Review and Counseling Committee as a whole.

Section 3. Submission of Requested Information and Interview. When requested to do so by a duly authorized Review and Counseling Committee or individual member thereof, a Member or an Affiliate must

(i) promptly submit at his or her own expense, to such Review and Counseling Committee or individual member thereof, a copy of the appraisal report under investigation, or a copy of the appraisal report (or the complete memoranda setting forth data, reasoning and conclusions) upon which his or her appraisal testimony was based, together with a copy of all subsequent changes and modifications thereof and all requested supporting documentation that is relevant to the inquiry; The requirements of this paragraph apply only to Review and Counseling files screened on or after January 1, 1990.

(ii) promptly submit at his or her own expense, to Committee for investigation; such Review and Counseling Committee or individual

(iii) A summary of the procedures followed by the individual member thereof, such other documentation Review and Counseling Committee in making in his or her possession or control as may be investigation pertinent to the investigation of the Review and Counseling Committee;

(iv) appear for a personal interview;

(v) participate in an interview conducted by telephone; and

(vi) answer all relevant questions concerning the appraisal report, appraisal testimony, or conduct being investigated.

The Member or Affiliate shall have the right, but shall not be required, to submit, at his or her own expense, any additional information which he or she believes to be relevant to a proper evaluation of the subject matter of the investigation.

Section 4. Other Violations. If, as a result of its investigation of the subject matter of a file referred to it by the Review and Counseling Division, a Review and Counseling Committee determines that a Member or Affiliate may have committed a violation or violations of the Appraisal Institute's Code of Professional Ethics or Standards of Professional Practice, other than in connection with the subject matter of the file assigned to it for investigation, then the Review and Counseling Committee shall promptly report its findings with respect to such other violation or violations to the Director of Screening. No further action relating to any such other violation or violations shall be taken by such Review and Counseling Committee unless a file relating to the subject matter thereof is formally assigned to such Committee by the Review and Counseling Division.

PART C. REPORT OF REVIEW AND COUNSELING COMMITTEE

Section 1. Duty to Report. The Review and Counseling Committee shall prepare a written Review and Counseling Committee Report and file such Report with the Regional Member of the Review and Counseling Division in charge of the file within thirty (30) days after the Review and Counseling Committee has completed its investigation and made a final evaluation of the subject matter of the file; provided, however, that upon receipt of a written request from the Chair of the Review and Counseling Committee setting forth facts and circumstances justifying an extension, the Regional Member of the Review and Counseling Division in charge of the file may extend the time for the filing of such Review and Counseling Committee Report to a date which such Regional Member deems reasonable under the circumstances.

Section 2. Contents of Review and Counseling Committee Report. The Review and Counseling Committee Report shall contain the following:

(i) A statement concerning the subject matter that was assigned to the Review and Counseling Committee findings of fact, together with a summary of the evidence available to the Committee which led the Committee to conclude that such facts were established by the greater weight of the evidence,

(ii) The conclusions of the Review and Counseling Committee with respect to whether the Member or Affiliate violated the requirements of the Standards of Professional Practice; and

(iii) A recommendation made in accordance with the requirements of Section 3 below.

If the conclusion of the Review and Counseling Committee is that a Member or Affiliate did violate the Standards of Professional Practice, the Review and Counseling Committee Report shall contain a clear, precise statement as to the particular provision or provisions of the Standards of Professional Practice which, in the opinion of the Review and Counseling Committee, were violated by such Member or Affiliate as well as the specific details of the action (or failure to act) of such Member or Affiliate which constituted such violation or violations.

Section 3. Permitted Recommendations. Each Review and Counseling Committee Report shall make one of the following recommendations: (i) That no further action be taken and that the file be closed; (ii) That the file be referred to the Screening Staff to determine whether a referral to the Ethics Administration Division would be appropriate; or (iii) That the Member or Affiliate be counseled in writing by a Memorandum of Counsel. If the Review and Counseling Committee recommends that the Member or Affiliate be counseled, the Committee shall draft a proposed Memorandum of Counsel and attach it to the Review and Counseling Committee Report.

PART D. PROCEDURE TO BE FOLLOWED IF A REVIEW AND COUNSELING COMMITTEE RECOMMENDS THAT NO FURTHER ACTION BE TAKEN AND THAT THE FILE BE CLOSED

Section 1. Review by Regional Member of Review and Counseling Division. Upon receipt of a Review and Counseling Committee Report recommending that no further action be taken and that the file be closed, the Regional Member of the Review and Counseling Division in charge of the file shall carefully review the file and the Review and Counseling Committee Report to determine whether the investigation by the Review and Counseling Committee was adequate and whether the Review and Counseling Committee Report is in compliance with the requirements of this Regulation.

Section 2. Permitted Actions by Regional Member of Review and Counseling Division. If, on the basis of his or her review of the file and the Review and Counseling Committee Report, the Regional Member of the Review and Counseling Division in charge of the file determines that the Review and Counseling Committee's investigation was insufficient or that the Review and Counseling Committee Report is not in compliance with the requirements of this Regulation, he or she shall remand the file to the Review and Counseling Committee with instructions to take such further steps as such Regional Member may specify.

If, on the basis of his or her review of the file and the Review and Counseling Committee Report, the Regional Member of the Review and Counseling Division in charge of the file determines that the Review and Counseling Committee investigation was sufficient and that the Review and Counseling Committee Report is in compliance with the requirements of this Regulation, he or she shall mark the file "CLOSED" and deliver the file to the Secretary of the Review and Counseling Division at the National Headquarters of the Appraisal Institute.

If the Member or Affiliate was advised of the investigation of the Review and Counseling Committee, the Regional Member of the Review and Counseling Division in charge of the file shall promptly advise such Member or Affiliate that the file has been closed.

PART E. PROCEDURE TO BE FOLLOWED IF A REVIEW AND COUNSELING COMMITTEE RECOMMENDS THAT THE MEMBER OR AFFILIATE BE COUNSELED

Section 1. Review by Regional Member of the Review and Counseling Division. Upon receipt of a Review and Counseling Committee Report recommending that the Member or Affiliate be counseled in accordance with a proposed Memorandum of Counsel, the Regional Member of the Review and Counseling Division in charge of the file shall carefully review the file, the Review and Counseling Committee Report and the proposed Memorandum of Counsel to determine whether the investigation made by the Review and Counseling Committee was adequate and whether the Review and Counseling Committee Report and the proposed Memorandum of Counsel are in compliance with the requirements of this Regulation.

Section 2Permitted Actions by Regional Member of Review and Counseling Division. If the Regional Member of the Review and Counseling Division in charge of the file determines that the Review and Counseling Committee investigation was insufficient or that the Review and Counseling Committee Report or proposed Memorandum of Counsel is not in compliance with the requirements of this Regulation, he or she shall remand the file to the Review and Counseling Committee with instructions to take such further steps as such Regional Member may specify. If the Regional Member of the Review and Counseling Division in charge of the file determines that the Review and Counseling Committee's investigation was sufficient and that the Review and Counseling Committee Report and the proposed Memorandum of Counsel are in compliance with the requirements of this Regulation, he or she shall approve the Review and Counseling Committee Report and the Memorandum of Counsel, mail them to the Member or Affiliate, and advise the Chair of the Review and Counseling Committee that the recommendation of the Review and Counseling Committee has been approved and carried out.

Section 3. Right of Member or Affiliate to File Formal Objection or Request Permission to Appeal. If a Member or an Affiliate receives a Review and Counseling Committee Report and Memorandum of Counsel and does not agree with the factual information or the substance of the counseling set forth in such Report or in the Memorandum of Counsel, such Member or Affiliate shall have the right, for a period of sixty (60) days after receipt of such Report, to (i) file a formal objection to the Review and Counseling Committee Report and the Memorandum of Counsel; or (ii) file a Request for Permission to Appeal and Brief in Support thereof. Each formal objection shall be filed with the Regional Member of the Review and Counseling Division in charge of the file. Each Request for Permission to Appeal and Brief in Support thereof, shall be filed with the Chair of the Appellate Division by certified mail. Copies must be posted by regular mail to the Chair of the Review and Counseling Committee, the Regional Member of the Review and Counseling Committee in charge of the file and to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute, in accordance with Article XV, Part B.

Section 4. If a Request for Permission to Appeal is Filed. If the Member or Affiliate files a Request for Permission to Appeal, the procedure found in Article XV shall be followed.

Section 5. If a Formal Objection is Filed. Upon receipt of a formal objection from a Member or an Affiliate, such formal objection shall be added to the file and the Regional Member of the Review and Counseling Division in charge of the file shall mark the file "CLOSED" and deliver the file to the Secretary of the Review and Counseling Division at the National Headquarters of the Appraisal Institute.

Section 6. If No Formal Objection or Right to Request Permission to Appeal is Filed. If the Regional Member of the Review and Counseling Division in charge of the file does not receive a formal objection or a Request for Permission to Appeal within a sixty (60)-day period after such Member or Affiliate's receipt of the Review and Counseling Committee Report and the Memorandum of Counsel, such Regional Member shall mark the file "CLOSED" and deliver the file to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

PART F. PROCEDURE TO BE FOLLOWED IF A REVIEW AND COUNSELING COMMIT TEE RECOMMENDS THAT THE FILE BE REFERRED TO THE SCREENING STAFF FOR REVIEW

Section 1. Review by Regional Member of Review and Counseling Division. Upon receipt of a Review and Counseling Committee Report recommending that the file be referred to the Screening Staff to determine whether a referral to the Ethics Administration Division would be appropriate, the Regional Member of the Review and Counseling Division in charge of the file shall carefully review the file and the Review and Counseling Committee Report to determine whether the investigation made by the Review and Counseling Committee was adequate and whether the Review and Counseling Committee Report is in compliance with the requirements of this Regulation.

Section 2. Permitted Actions by Regional Member of Review and Counseling Division. If the Regional Member of the Review and Counseling Division in charge of the file determines that the Review and Counseling Committee investigation was insufficient or that the Review and Counseling Committee Report is not in compliance with the requirements of this Regulation, he or she shall remand the file to the Review and Counseling Committee with instructions to take such further steps as such Regional Member may specify.

If the Regional Member of the Review and Counseling Division in charge of the file determines that the Review and Counseling Committee's investigation was sufficient and that the Review and Counseling Committee Report is in compliance with the requirements of this Regulation, he or she shall mark the file "CLOSED-REFERRED TO SCREENING STAFF" and deliver the file to the Secretary of the Screening Staff at the National Headquarters of the Appraisal Institute.

ARTICLE XV

PROCEDURES GOVERNING THE APPEAL OF

HEARING COMMITTEE DECISIONS AND

MEMORANDA OF COUNSEL

PART A. RIGHT TO APPEAL FROM HEARING COMMITTEE DECISIONS

Section 1. Right to Appeal. A Member or an Affiliate shall have the right to appeal any Hearing Committee Decision which recommends that a disciplinary action be taken against such Member or Affiliate. This right to appeal shall be exercisable only by the filing of a timely Notice of Appeal with the Chair of the Appellate Division in the manner hereinafter set forth. A Notice of Appeal shall be timely if it is mailed by certified mail to the Chair of the Appellate Division within thirty-five (35) days of the date that the Hearing Committee Decision was mailed to the Member or Affiliate. A Member or an Affiliate filing a Notice of Appeal (the "Appellant") shall mail copies of such Notice of Appeal by regular mail to the Chair of the Hearing Committee, the Chair of the Grievance Committee to the Regional Member of the Ethics Committee Division in charge of the file and to the Professional Standards Adn-dfiistrator at the National Headquarters of the Appraisal Institute.

Upon receipt of a copy of a Notice of Appeal, the Chair of the Appellate Division shall obtain a transcript of the record of the Hearing before the Hearing Committee. Upon receipt of this transcript, the Chair of the Appellate Division shall transmit one copy of such transcript to the Appellant by certified mail, return receipt requested. Such transcript shall also be mailed by regular mail to the Chair of the Grievance Committee.

Upon request, a copy of all documentary evidence adirtitted at the Hearing shall also be mailed to the Appellant and to the Chair of the Grievance Committee

Section 2. Filing of Brief. Within thirty (30) days after the receipt of the transcript of the Hearing by the Appellant, or within such additional time as may be granted for this purpose by the Chair of the Appellate Division, the Appellant shall file a written Brief in support of such appeal by mailing such Brief by certified mail to the Chair of the Appellate Division and to the Chair of the Grievance Committee. The Appellant shall also mail a copy of such Brief by regular mail to the Regional Member of the Ethics Committee Division in charge of the file and to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. The Brief (and any subsequent pleading) may be prepared and filed by the Appellant or by his or her legal counsel.

If any pleading is prepared or filed by legal counsel for the Appellant, and the address of such legal counsel is provided to the Chair of the Appellate Division and to the Chair of the Grievance Committee, a copy of all subsequent notices and pleadings shall be mailed by regular mail to such legal counsel. If the Appellant requires additional time for the preparation of his or her Brief, the Appellant may request the Chair of the Appellate Division to grant an extension of the time allowed. Upon receipt of a written request from an Appellant setting forth facts and circumstances justifying an extension of the time allowed for the filing of a Brief, the Chair of the Appellate Division may extend the time allowed for the filing of such Brief to a date which the Chair of the Appellate Division deems reasonable under the circumstances. The decision of the Chair of the Appellate Division with respect to any extension of time shall be promptly communicated to the Appellant, to the Chair of the Grievance Committee and to the Regional Member of the Ethics Administration Division in charge of the file.

Section 3. Contents of Brief. The written Brief of the Appellant shall state in a concise manner the points relied upon by the Appellant as the basis for the appeal and shall make appropriate reference to the transcript of the Hearing and the documentary evidence admitted at the Hearing. If the Appellant believes that the Hearing Committee did not correctly interpret or apply an Ethical Rule involved in the proceedings, the Brief shall point out the alleged error and state the interpretation or application the Appellant believes to be correct. If the Appellant believes that certain findings of fact in the Hearing Committee Decision are unwarranted or were not established by the greater weight of the evidence, such disputed findings of fact shall be identified in the Brief and the Appellant shall point out the reasons for disputing such findings of fact. The Brief may also include a discussion of such of the following matters as the Appellant deems applitable to the appeal:

(i) Specific procedural errors made by the Hearing Committee that resulted in denying the Appellant the fair and impartial Hearing required by this Regulation.

(ii) Evidence excluded at the Hearing which should have been admitted and which would have been material to the Hearing Committee Decision.

(iii) Evidence material to the Hearing Committee Decision which the Appellant could not, with reasonable diligence, have produced at the
Hearing.

(iv) Errors in the transcript of the Hearing. The Appellant may attach to the Brief such evidentiary materials as he or she deems appropriate
to. the appeal. Section 4. Reply Brief of the Grievance Commit-tee. Within thirty (30) days after receipt of the Brief of the Appellant, or within such additional time as may be granted for this purpose by the Chair of the Appellate Division, the Chair of the Grievance Committee shall cause the Grievance Committee to file a Reply Brief responding to the arguments set forth in the Brief of the Appellant. The Reply Brief may also point out any errors in the transcript of the Hearing. The Grievance Committee shall mail such Reply Brief to the Chair of the Appellate Division and to the Appellant by certified mail, return receipt requested, with a copy. thereof by regular mail to the Regional Member or the Ethics Administration Division in charge of the file. If the Appellant has retained legal counsel in connection with his or her appeal and the address of such legal counsel has been provided to the Grievance Committee, a copy of the Reply Brief shall be mailed by regular mail to such legal counsel.

If evidentiary materials were attached to the Brief of the Appellant, the Grievance Committee may object to or comment upon such evidentiary materials and may also attach evidentiary materials to its Reply Brief.

Section 5. Answer of Appellant to Reply Brief. Within twenty (20) days after receipt of a Reply Brief, or within such additional time as may be granted for this purpose by the Chair of the Appellate Division, the Appellant may transmit to the Chair of the Appellate Division a concise Answer to such Reply Brief. If such Answer is filed, it shall be transn-dtted to the Chair of the Appellate Division and to the Chair of the Grievance Committee by certified mail with a copy thereof by regular mail to the Regional Member of the Ethics Administration Division in charge of the file and to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

Section 6. Setting Date for Hearing on Appeal from Hearing Committee Decision. At the time the Chair of the Appellate Division mails the transcript to the Appellant, he or she shall set a date, time and place for a Hearing on Appeal by the Appellate Division sitting as an Appeal Board. The date set for each such Hearing on Appeal shall coincide with the next regular or special meeting of the Appellate Division occurring after receipt of the Notice of Appeal, provided, however, that the date of such meeting is at least fifty-five (55) days after the last date allowed under this Regulation for the filing of the Brief of the Appellant.

If the next regular or special meeting of the Appellate Division will be held less than fifty-five (55) days after the last date allowed for the filing of the Brief of the Appellant, then the Chair of the Appellate Division shall set the Hearing on Appeal for a date that coincides with the second regular or special meeting of the Appellate Division occurring after receipt of the Notice of Appeal;provided further, however, that with the consent of the parties, the time allowed for the filing of the Brief of the Appellant, the Reply Brief of the Grievance Committee and the Answer of the Appellant to the Reply Brief may be reduced and the Chair of the Appellate Division may set such Hearing on Appeal for a date that coincides with the next regular or special meeting of the Appellate Division occurring after the receipt of such Notice of Appeal. The Chair of the Appellate Division shall have the right, in his or her sole discretion, to set the date for a Hearing on Appeal at a time other than the next regular or special meeting of the Appellate Division whenever he or she is of the opinion that justice requires such scheduling.

Section 7. Representation by Legal Counsel at Hearing on Appeal From Hearing Committee Decision. If an Appellant intends to present oral argument in whole or in part through legal counsel at the Hearing on Appeal, he or she must notify the Chair of the Appellate Division of this intent not less than thirty (30) days prior to the date of the Hearing on Appeal. This notice to the Chair of the Appellate Division shall contain the name, address and telephone number of such legal counsel. For good cause shown, the Chair of the Appellate Division may allow this notice to be filed less than thirty (30) days prior to the date of the Hearing on Appeal. Upon receipt of any such notice, the Chair of the Appellate Division shall promptly notify the Chair of the Grievance Committee of the Appellant's intention to present oral argument in whole or in part through legal counsel.

If the Appellant has filed a timely notice of his or her intention to be represented by legal counsel at the Hearing on Appeal and the Grievance Committee decides that it should also be represented by legal counsel at such Hearing on Appeal, the Grievance Committee shall request the Ethics and Counseling Committee Chair to authorize such retention of legal counsel. Upon receipt of any such request, the Ethics and Counseling Committee Chair shall carefully review the matter and decide whether such request should be granted.

If the Ethics and Counseling Committee Chair decides that such request should be granted, the Ethics and Counseling Committee Chair shall contact the Executive Vice President of the Appraisal Institute, who shall determine whether the funds budgeted for this purpose are sufficient. If such funds are sufficient, the Executive Vice President shall immediately notify the Ethics and Counseling Committee Chair and the Ethics and Counseling Committee Chair shall authorize the Grievance Committee to retain legal counsel for the Hearing for a fee not to exceed the budget allocation.

If the funds budgeted for this purpose are not sufficient, the Executive Vice President shall refer the request of the Grievance Committee to the President of the Appraisal Institute. The President of the Appraisal Institute may authorize such retention of legal counsel if he or she deems it appropriate.

If a Grievance Committee is authorized to retain legal counsel to represent it at a Hearing on Appeal, it may select such counsel as it deems appropriate, provided, however, that in no event shall the Grievance Committee retain a person or firm that represented the Hearing Committee at the Hearing from which the appeal has been taken.

Section 8. Resetting Date for Hearing on Appeal from a Hearing Committee Decision.Upon the timely request of any party to the proceedings and for good cause shown, the Chair of the Appellate Division shall have the power to reset the date of the Hearing on Appeal from a Hearing Committee Decision. The Chair of the Appellate Division shall also have the right, in his or her sole discretion, to reset the date of the Hearing on Appeal whenever he or she is of the opinion that justice requires such resetting.

Section 9. Preparation for Hearing on Appeal from Hearing Committee Decision. Prior to the date of the Hearing on Appeal from a Hearing Committee Decision, the Chair of the Appellate Division shall furnish every member of the Appellate Division with a copy of the Grievance Committee Complaint, the Hearing Committee Decision, the Brief of the Appellant, the Reply Brief of the Grievance Committee and the Answer to Reply Brief, if any. In addition, the Chair of the Appellate Division shall, upon request, make available to each member of the Appellate Division a copy of all documents introduced into evidence at the Hearing and a copy of the transcript of the Hearing. The Chair of the Appellate Division shall also arrange for a court reporter to be present at the Hearing.on Appeal so that a verbatim stenographic record may be taken of the Hearing on Appeal.

If the Chair or any member of the Appellate Division ascertains that he or she has a conflict of interest with respect to the parties or subject matter of a Hearing on Appeal, or is biased in favor of or prejudiced against the Appellant, he or she shall take no part in the consideration of such matter.

PART B. RIGHT TO REQUEST PERMISSION TO APPEAL FROM A MEMORANDUM OF COUNSEL

Section 1. Right to Request Permission to Appeal. A Member or an Affiliate shall have the right to request permission to appeal from a Memorandum of Counsel issued by a Review and Counseling Committee that is filed after September 1, 1987. This right to request permission to appeal shall be exercisable only by the filing of a timely Notice of Request for Permission to Appeal and Brief in support thereof with the Chair of the Appellate Division, in the manner hereinafter set forth.

A Notice of Request for Permission to Appeal and the Brief shall be timely if they are mailed by certified mail, return receipt requested, to the Chair of the Appellate Division within sixty (60) days of the date that the Memorandum of Counsel was mailed to the Member or Affiliate. A Member or an Affiliate filing a Notice of Request for Permission to Appeal and Brief shall mail copies of such Notice of Request for Permission to Appeal and Brief by regular mail to the Chair of the Review and Counseling Committee, to the Regional Member of the Review and Counseling Division in charge of the file and to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

Section 2. Filing of Brief in Support of Notice of Request For Permission to Appeal.Concurrently with the filing of the Notice of Request for Permission to Appeal, the Member or Affiliate shall file a written Brief in support of such appeal. The Brief (and any subsequent pleading) may be prepared and filed by the Member or Affiliate or by his or her legal counsel.

If any pleading is prepared or filed by legal counsel for the Member or Affiliate, and the address of such legal counsel is provided to the Chair of the Appellate Division and to the Chair of the Review and Counseling Committee, a copy of all subsequent notices and pleadings shall be mailed by regular mail to such legal counsel.

If the Member or Affiliate requires additional time for the preparation of his or her Brief, he or she may request the Chair of the Appellate Division to grant an extension of the time allowed. Upon receipt of a written request from the Member or Affiliate setting forth facts and circumstances justifying an extension of the time allowed for the filing of a Brief, the Chair of the Appellate Division may extend the time allowed for the filing of such Brief to a date which the Chair of the Appellate Division deems reasonable under the circumstances.

The decision of the Chair of the Appellate Division with respect to any extension of time shall be promptly communicated to the Member or Affiliate, to the Chair of the Review and Counseling Committee and to the Regional Member of the Review and Counseling Division in charge of the file.

Section 3. Contents of Brief. The written Brief of the Member or Affiliate shall state in a concise manner the points he or she is relying upon as the basis for the appeal. If the Member or Affiliate believes that the Review and Counseling Committee did not correctly interpret or apply a Standards Rule involved in the proceedings, the Brief shall point out the alleged error and state the interpretation or application the Member or Affiliate believes to be correct. If the Member or Affiliate believes that certain findings of fact in the Review and Counseling Committee Report or Memorandum of Counsel are unwarranted or were not established by the greater weight of the evidence, such disputed findings of fact shall be identified in the Brief and the Member or Affiliate shall point out the reasons for disputing such findings of fact. The Brief may also include a discussion of such of the following matters as the Member or Affiliate deems applicable to the appeal: (i) Specific procedural errors made by the Review and Counseling Committee that resulted in denying the Member or Affiliate the fair and impartial investigation required by this Regulation; (ii) Evidence not considered during the investigation which should have been considered and which would have been material to the Memorandum of Counsel. The Member or Affiliate may attach to the Brief such evidentiary materials as he or she deems appropriate to the appeal.

Section 4. Procedure Upon Filing Notice of Request for Permission to Appeal. Upon receipt of the Notice of Request for Permission to Appeal and Brief in support, the Chair of the Appellate Division (or any member of the Appellate Division selected by the Chair for this purpose) shall review such Notice and Brief to determine whether or not to grant the request for permission to appeal. If the Chair of the Appellate Division selects a member of the Division to review the Notice and Brief, such member shall write a Report and Recommendation to the Chair of the Appellate Division which details his or her review and opinion concerning the grant or denial of permission to appeal.

Section 5. Decision on Notice of Request for Permission to Appeal. The Chair of the Appellate Division shall make the final detern-dnation concerning whether or not to grant the request for pennission to appeal. This determination shall be in writing and mailed by certified mail to the Member or Affiliate requesting the appeal and regular mail to the Chair of the Review and Counseling Committee and the Regional Member in charge of the file. If the Chair of the Appellate Division decides not to grant the request for permission to appeal, written notice of this determination shall be placed in the file, the Brief in support of appeal shall then be considered as a fon-nal objection to the Review and Counseling Committee Report and the Memorandum of Counsel, and such formal objection shall be added to the file and the Regional Member of the Review and Counseling Division in charge of the file shall mark the file "CLOSED" and deliver the file to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. If the Chair of the Appellate Division decides to grant the request for permission to appeal, a Hearing on Appeal shall be scheduled in accordance with the following provisions of this Regulation.

Section 6. Reply Brief of the Review and Counseling Committee. Within thirty (30) days after receipt of written notification that the request for pern- tission to appeal was granted by the Chair of the Appellate Division, or within such additional time as may be granted for this purpose by the Chair of the Appellate written notification that the request for permission to Division, the Chair of the Review and Counseling Committee shall cause the Review and Counseling Committee to file a Reply Brief responding to the arguments set forth in the Brief in support of appeal. The Review and Counseling Committee shall mail such Reply Brief to the Chair of the Appellate Division and to the Appellant by certified mail, return receipt requested, with a copy thereof by regular mail to the Regional Member of the Review and Counseling Division in charge of the file and to the Professional Standards Administrator. If the Appellant has retained legal counsel in connection with his or her appeal and the address of such legal counsel has been provided to the Review and Counseling Committee, a copy of the Reply Brief shall be mailed by regular mail to such legal counsel.

If evidentiary materials were attached to the Brief in support of appeal, the Review and Counseling Committee may object to or comment upon such evidentiary materials and may also attach related evidentiary materials to its Reply Brief.

Section 7. Answer of Appellant to Reply Brief. Within twenty (20) days after receipt of a Reply Brief, or within such additional time as may be granted for this purpose by the Chair of the Appellate Division, the Appellant may transmit to the Chair of the Appellate Division, by certified mail, return receipt requested, a concise Answer to such Reply Brief. If such Answer is filed, it shall also be transmitted to the Chair of the Review and Counseling Committee by certified mail with a copy thereof by regular mail to the Regional Member of the Review and Counseling Division in charge of the file and to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

Section 8. Setting Date for Hearing on Appeal from Memorandum of Counsel. At the time the Chair of the Appellate Division mails the written notification that the request for permission to appeal was granted, he or she shall set a date, time and place for a Hearing on Appeal by the Appellate Division sitting as an Appeal Board. The date set for each such Hearing on Appeal shall coincide with the next regular or special meeting of the Appellate Division occurring after receipt of the Notice of Request for Permission to Appeal, provided, however, that the date of such meeting is at least fifty (50) days after the Chair of the Appellate Division mails the written notification that the request for permission to appeal was granted. If the next regular or special meeting of the Appellate Division will be held less than fifty (50) days after the Chair of the Appellate Division mails the written notification that the request for permission to appeal was granted, then the Chair of the Appellate Division shall set the Hearing on Appeal for a date that coincides with the second regular or special meeting of the Appellate Division occurring after the mailing of appeal was granted; provided further, however, that with the consent of the parties, the time allowed for the filing of the Reply Brief of the Review and Counseling Committee and the Answer of the Appellant to the Reply Brief may be reduced and the Chair of the Appellate Division may set such Hearing on Appeal for a date that coincides with the next regular or special meeting of the Appellate Division occurring after the mailing of the written notification that the request for permission to appeal was granted. The Chair of the Appellate Division shall have the right, in his or her sole discretion, to set the date for a Hearing on Appeal at a time other than the next regular or special meeting of the Appellate Division, whenever he or she is of the opinion that justice requires such scheduling.

Section 9. Representation by Legal Counsel at Hearing on Appeal From Memorandum of Counsel. If an Appellant intends to present oral argument in whole or in part through legal counsel at the Hearing on Appeal, he or she must notify the Chair of the Appellate Division of this intent not less than thirty (30) days prior to the date of the Hearing on Appeal. This notice to the Chair of the Appellate Division shall contain the name, address and telephone number of such legal counsel. For good cause shown, the Chair of the Appellate Division may allow this notice to be filed less than thirty (30) days prior to the date of the Hearing on Appeal.

Upon receipt of any such notice, the Chair of the Appellate Division shall promptly notify the Chair of the Review and Counseling Committee of Appellant's intention to present oral argument in whole or in part through legal counsel.

If the Appellant has filed a timely notice of his or her intention to be represented by legal counsel at the Hearing on Appeal and the Review and Counseling Committee decides that it should also be represented by legal counsel at such Hearing on Appeal, the Review and Counseling Committee shall request the Ethics and Counseling Committee Chair to authorize such retention of legal counsel. Upon receipt of any such request, the Ethics and Counseling Committee Chair shall carefully review the matter and decide whether or not such request should be granted.

If the Ethics and Counseling Committee Chair decides that such request should be granted, the Ethics and Counseling Committee Chair shall contact the Executive Vice President of the Appraisal Institute, who shall determine whether the funds budgeted for this purpose are sufficient. If such funds are sufficient, the Executive Vice President shall immediately notify the Ethics and Counseling Committee Chair and the Ethics and Counseling Committee Chair shall authorize the Review and Counseling Committee to retain legal counsel for the Hearing for a fee not to exceed the budget allocation.

If the funds budgeted for this purpose are not sufficient, the Executive Vice President shall refer the request of the Review and Counseling Commit tee to the President of the Appraisal Institute. The President of the Appraisal Institute may authorize such retention of legal counsel if he or she deems it appropriate. If a Review and Counseling Committee is authorized to retain legal counsel to represent it at a Hearing on Appeal, it may select such counsel as it deems appropriate.

Section 10. Resetting Date for Hearing on Appeal from a Memorandum of Counsel. Upon the timely request of any party to the proceedings and for good cause shown, the Chair of the Appellate Division shall have the power to reset the date of the Hearing on Appeal from a Memorandum of Counsel. The Chair of the Appellate Division shall also have the right, in his or her sole discretion, to reset the date of
the Hearing on Appeal whenever he or she is of the opinion that justice requires such resetting.

Section 11. Preparation for Hearing on Appeal from a Memorandum of Counsel. Prior to the date of the Hearing on Appeal from a Memorandum of Counsel, the Chair of the Appellate Division shall furnish every member of the Appellate Division with a copy of the Review and Counseling Commit tee Report, the Memorandum of Counsel, the Brief in support of appeal, the Reply Brief of the Review and Counseling Committee and the Answer to the Reply Brief, if any. The Chair of the Appellate Division shall also arrange for a court reporter to bepresent at the Hearing on Appeal so that a verbatim stenographic record may be taken of the Hearing on Appeal. If the Chair or any member of the Appellate Division ascertains that he or she has a conflict of interes t with respect to the parties or subject matter of a Hearing on Appeal, or is biased in favor of or prejudiced against the Appellant, he or she shall take no part in the consideration of such matter.

PART C. PROCEEDINGS AT HEARINGS ON APPEAL RELATING TO HEARING COMMITTEE DECISIONS AND MEMORANDA OF COUNSEL

Section 1. Individuals Present at Hearing on Appeal. The Appellate Division, sitting as an Appeal Board, shall have the right to have legal
counsel for the Appraisal Institute present at each Hearing on Appeal for the protection of both the Appellant and the Appraisal Institute. Both the Appellant and the Grievance Committee or Review and Counseling Committee shall have the right to be present at the Hearing on Appeal and to be represented by legal counsel as provided in this Regulation.

Section 2. Procedure at the Hearing of Appeal. The Chair of the Appellate Division shall be Chair of the Appeal Board and shall preside at the Hearing on Appeal. In the event of the absence or inability of the Chair of the Appellate Division, the Vice Chair of the Appellate Division shall act as Chair of the Appeal Board. At the commencement of a Hearing on Appeal, the Chair of the Appeal Board shall introduce all members of the Appeal Board and all individuals who are present at the Hearing. The Chair shall then inquire as to whether any member of the Appeal Board has a conflict of interest with respect to the parties or subject matter of the Hearing on Appeal or is biased in favor of or prejudiced against the Appellant. The Appellant shall then be afforded the opportunity to question the Chair and other members of the Appeal Board with respect to any conflict of interest or prejudice. The Chair of the Appeal Board shall excuse from any further participation in the appeal any member of the Appeal Board who, in the judgement of the Chair, may have a conflict of interest or prejudice involving the Appellant, or may give the appearance of having a conflict of interest or prejudice. The order of proceedings shall be as follows:

(i) The Appellant shall have the opportunity to address the Appeal Board and present oral arguments relating to the matters raised in the Brief, the Reply Brief, and the Answer to Reply Brief. If the Appellant has given timely notice of his or her intention to be represented by legal counsel, such oral arguments may be made, in whole or in part, through legal counsel.

(ii)The representative(s) of the Grievance Committee or Review and Counseling Committee shall have an opportunity to answer the oral argument of the Appellant and to present oral arguments in support of the matters raised in the Reply Brief of the Grievance Committee or Review and Counseling Committee These arguments may be presented through legal counsel if the Grievance Committee or Review and Counseling Committee has been authorized to retain legal counsel under the provision of this Regulation.

(iii) The Appellant (or, if authorized, legal counsel for such Member or Affiliate) shall have the opportunity to reply to the oral arguments of the Grievance Committee or Review and Counseling Committee. Subject to the general control of the Chair of the Appeal Board, any member of the Appeal Board may at any time ask questions of any member of the Grievance Committee or Review and Counseling Committee who is present at the Hearing on Appeal, legal counsel for the Grievance Committee or Review and Counseling Committee (if any), the Appellant, and legal counsel for the Appellant (if any).

The length of time permitted for the oral argument described above shall be determined by the Chair of the Appeal Board, provided, however, that not less than 30 minutes shall be allowed for (i) above, not less than 15 minutes shall be allowed for (ii) above, and not less than 5 minutes shall be allowed for (iii) above.

Section 3. Adjournment to Executive Session. Upon completion of a Hearing on Appeal, the Appeal Board shall, in Executive Session, discuss the matters raised by the Brief, the Reply Brief, the Answer to Reply Brief and oral arguments. At the discretion of the Chair of the Appeal Board, the Executive Session may be adjourned and reconvened from time to time for a total period not to exceed 60 days from the date of the Hearing on Appeal. In the case of an Appeal from a Hearing Committee Decision, the Appeal Board shall first determine whether it should affirm the determination of the Hearing Committee that the greater weight of the evidence establishes that the Appellant violated the Appraisal Institute's Code of Professional Ethics. If the Appeal Board affirms any such determination then the Appeal Board shall determine the appropriate disciplinary action to be taken. In the case of an Appeal from a Memorandum of Counsel, the Appeal Board shall first determine whether it should affirm the determination of the Review and Counseling Committee that the greater weight of the evidence establishes that the Appellant violated the Appraisal Institute's Standards of Professional Practice. If the Appeal Board affirms any such determination, then the Appeal Board shall determine the appropriate counseling to be given. The action to be taken by the Appeal Board shall be determined by a majority vote of the members of the Appeal Board present and voting. Only the members of the Appeal Board who attend both the Hearing on Appeal and the Executive Session shall be entitled to cast a vote.

PART D. PROCEDURE FOLLOWING HEARING ON APPEAL FROM HEARING COMMITTEE DECISIONS

Section 1. Required and Permitted Actions of the Appeal Board. The Appeal Board shall take one of the following actions with respect to the Hearing Com Committee Decision:

(i) Affirm the determination of the Hearing Commit tee that the Appellant violated the Appraisal Institute's Code of Professional Ethics and approve the recommendation of the Hearing Committee as to the appropriate disciplinary action to be taken;

(ii) Affirm the determination of the Hearing Commit tee that the Appellant violated the Appraisal Institute's Code of Professional Ethics but reduce the penalty recommended by the Hearing Committee;

(iii) Reverse the Hearing Committee Decision and dismiss the case; or

(iv) Remand the matter to the Hearing Committee for

a new Hearing with such instructions as the

Appeal Board deems appropriate.

If the Appeal Board takes action under (i) or (ii) above, and if the disciplinary action to be taken is not Expulsion or Termination of Affiliate Status, the Appeal Board may, if it deems such action to be appropriate, determine that the Member or Affiliate shall be offered an opportunity to accept, in lieu of the specified disciplinary action, a specified educational alternative to be completed within a fixed period of time. If so, the Decision of the Appeal Board shall specify (a) the educational alternative which must be completed by the Member or Affiliate, and (b) the period of time within which the educational alternative must be completed. For any Appraisal Institute course that has an exan-tination, the Appeal Board must require that the examination be taken and passed.

If the Appeal Board takes action under (i) or (ii) above and decides not to offer the Member or Affiliate an educational alternative, the Decision of the Appeal Board shall contain an order making such disciplinary action a part of the permanent record of the Member or Affiliate. A similar order shall become effective if the Member or Affiliate declines to accept or fails to complete an educational alternative.

If the disciplinary action to be taken is Expulsion, Termination of Affiliate Status, Suspension or Censure with Publication, the Appeal Board shall determine the manner in which such disciplinary action shall be published. If the disciplinary action to be taken is Suspension or Censure with Publication, and if an educational alternative is offered and successfully completed, such disciplinary action will not become effective and shall not be published.

The Chair of the Appellate Division shall carry out an order of the Appeal Board relating to the publication of a disciplinary action.

If the Appeal Board takes an action described in items (i), (ii), (iii), or (iv) of Section 1 above, the action of the Appeal Board shall be final and the Decision of the Appeal Board shall be reduced to writing. The Decision of the Appeal Board shall be prepared and filed within sixty (60) days from the date the Appeal Board receives the transcript of the Hearing on appeal; provided, however,that upon receipt of a request from the Chair of the Appellate Division, the Chair of the Ethics and Counseling Committee may extend the time for filing such Decision of the Appeal Board to a date which the Ethics and Counseling Committee Chair deems reasonable under the circumstances. A copy of the Decision of the Appeal Board shall be delivered to the Member or Affiliate, to the Chair of the Grievance Committee and to the Regional Member of the Ethics Administration

Division in charge of the file. If the Decision of the Appeal Board orders Expulsion or Suspension, a copy of the transmittal letter advising the Member of such Decision and of the order to immediately transmit his or her indicia of membership to the Appraisal Institute shall be delivered to the Executive Vice President of the Appraisal Institute.

Section 2. Procedure to be Followed if a Disciplinary Action is to be Taken and an Educational Alternative is Not Offered. If the Appeal Board decides not to offer an educational alternative in lieu of a disciplinary action, the disciplinary action shall be posted to the permanent record of the Member or Affiliate and the Chair of the Appeal Board shall deliver the complete file of the Appellate Division to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. Upon receipt of a copy of the Decision of the Appeal Board, the Regional Member of the Ethics Administration Division in charge of the file shall mark the file "CLOSED" and deliver the complete file in his or her possession to the Professional Standards Adn-dnistrator at the National Headquarters of the Appraisal Institute.

Section 3. Procedure to be Followed if a Disciplinary Action is to be Taken and an Educational Alternative is Offered. If the Appeal Board decides to offer an educational alternative in lieu of Admonishment, Censure with Publication or Suspension, the Member or Affiliate shall be notified that, unless he or she accepts the educational alternative by a notice in writing to the Chair of the Appellate Division, mailed or delivered within twenty (20) days after receipt of the Decision of the Appeal Board, the stated disciplin ary action will become effective and will be made a part of the record of the Member or Affiliate.

If the Member or Affiliate fails to accept the educational alternative within the twenty (20)-day period allowed for such acceptance, the Admonishment, Censure With Publication or Suspension shall become effective and shall be posted to the permanent record of the Member or Affiliate. In such event, the Chair of the Appellate Division shall notify the Regional Member of the Ethics Administration Division in charge of the file of this action and shall deliver the complete file of the Appellate Division to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. Upon receipt of such notice from the Chair of the Appellate Division, the Regional Member of the Ethics Administration Division in charge of the file shall mark the file "CLOSED" and deliver the complete file in his or her possession to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

If, however, the Member or Affiliate accepts the educational alternative, the file shall be placed in suspense and shall be reviewed by the Appellate Division at its first regularly scheduled meeting following the expiration of the time period in which the educational alternative was to have been completed.

If the Appellate Division finds, upon such review, that the Member or Affiliate failed to complete the educational alternative, the specified disciplinary action shall become effective and shall be posted to the record of the Member or Affiliate. If the Appellate Division finds, upon such review, that the Member or Affiliate completed the educational alternative within the allowed time period , this fact shall be recorded in the file and the specified disciplinary action shall not become effective and shall not be posted to the record of the Member or Affiliate. In either event, the Chair of the Appellate Division shall notify the Regional Member of the Ethics Administration Division in charge of the file of this action and shall deliver the complete file of the Appellate Division to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. Upon receipt of such notice from the Chair of the Appellate Division, the Regional Member in charge of the file shall mark the file "CLOSED" and deliver the complete file in his or her possession to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

Section 4. Procedure to be Followed if the Appeal Board Reverses the Hearing Committee Decision and Dismisses the Case. If the Appeal Board reverses the Hearing Committee Decision and dismisses the case, the Chair of the Appeal Board shall deliver the complete file of the Appellate Division to the Professional Standards Administratior at the National Headquarters of the Appraisal Institute. Upon receipt of a copy of the Decision of the Appeal Board, the Regional Member of the Ethics Administration Division in charge of the file shall mark the file "CLOSED" and deliver the complete file in his or her possession to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

Section 5. Procedure to be Followed if the Appeal Board Remands the Matter to the Hearing Committee. Upon receipt of the Decision of the Appeal Board, that remands the matter to the Hearing Committee, the Chair of the Hearing Committee shall schedule a new Hearing in accordance with the requirements of this Regulation and such new Hearing shall be conducted in accordance with the instructions of the Appeal Board. Subsequent proceedings shall be conducted in accordance with the procedural rules set forth in this Regulation; provided, however, that in no event shall the disciplinary action, if any, recommended by the Hearing Committee upon completion of the new Hearing be more severe than the disciplinary action recommended by the Hearing Committee upon completion of the first Hearing.

Section 6. Duty of Grievance Committee to Return File. Upon receipt of a copy of a Decision of the Appeal Board that does not remand the matter to the Hearing Committee the Chair of the Grievance Committee shall promptly deliver the complete file of the Grievance Committee to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

PART E. PROCEDURE FOLLOWING HEARING ON APPEAL FROM MEMORANDUM OF COUNSEL

Section 1. Required and Permitted Actions of the Appeal Board. The Appeal Board shall take one of the following actions with respect to the Memorandum of Counsel:

(i) Affirm the determination of the Review and Counseling Committee that the Appellant violated the Appraisal Institute's Standards of Professional Practice and approve the counseling of the Review and Counseling Committee as set forth in the Memorandum of Counsel;

(ii) Affirm the determination of the Review and Counseling Committee that the Appellant violated the Appraisal Institute's Standards of Professional Practice but modify the counseling given by the Review and Counseling Committee

(iii) Reverse the determination of the Review and Counseling Committee that the Appellant violated the Appraisal Institute's Standards of Professional Practice and dismiss the case; or

(iv) Remand the matter to the Review and Counseling Committee for a new investigation with such instructions as the Appeal Board deems appropriate.

If the Appeal Board takes an action described in items (i), (ii), (iii), or (iv) of

Section 1 above, the action of the Appeal Board shall be final and the Decision of the Appeal Board shall be reduced to writing. A copy of the Decision of the Appeal Board shall be delivered promptly to the Member or Affiliate, to the Chair of the Review and Counseling Committee and to the Regional Member of the Review and Counseling Division in charge of the file.

Section 2. Procedure to be Followed if the Determination of the Review and Counseling Committee is Affirmed. If the Appeal Board decides either to affirm the determination of the Review and Counseling Committee and approve the counseling or to affirm the determination of the Review and Counseling Committee but modify the counseling, the counseling shall be posted to the counseling record of the Member or Affiliate and the Chair of the Appeal Board shall deliver the complete file of the Appellate Division to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. Upon receipt of a copy of the Decision of the Appeal Board, the Regional Member of the Review and Counseling Division in charge of the file shall mark the file "CLOSED" and deliver the complete file in his or her possession to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

Section 3. Procedure to be Followed if the Appeal Board Reverses the Determination of the Review and Counseling Committee and Dismisses the Case. If the Appeal Board reverses the determination of the Review and Counseling Committee and dismisses the case, the Chair of the Appeal Board shall deliver the complete file of the Appellate Division to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute. Upon receipt of a copy of the Decision of the Appeal Board, the Regional Member of the Review and Counseling Division in charge of the file shall mark the file "CLOSED" and deliver the complete file in his or her possession to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

Section 4. Procedure to be Followed if the Appeal Board Remands the Matter to the Review and Counseling Committee. Upon receipt of the Decision of the Appeal Board that remands the matter to the Review and Counseling Committee the Chair of the Review and Counseling Committee shall schedule a new investigation in accordance with the requirements of this Regulation and such new investigation shall be conducted in accordance with the instructions of the Appeal Board. Subsequent proceedings shall be conducted in accordance with the procedural rules set forth in this Regulation.

Section 5. Duty of Review and Counseling Committee to Return File. Upon receipt of a copy of a Decision of the Appeal Board that does not remain the matter to the Review and Counseling Committee, the Chair of the Review and Counseling Committee shall promptly deliver the complete file of the Review and Counseling Committee to the Professional Standards Administrator at the National Headquarters of the Appraisal Institute.

ARTICLE XVI

CONFIDENTIAL NATURE OF PEER REVIEW

INVESTIGATIONS,

DISCIPLINARY PROCEEDINGS AND REVIEW

AND COUNSELING PROCEEDINGS

Section 1. Files to be Confidential. Except as required or permitted by this Regulation, the files of the Ethics and Counseling Committee the Screening Policy Division, the Ethics Administration Division, the Appellate Division and the Review and Counseling Division shall be confidential and no documents or information furnished to such Committee or Divisions, or information gathered by, or reports or communications to or from such Committee or Divisions, which pertain to or identify a specific Member or Affiliate, shall be made public or discussed with anyone except:

(i) the members of the appropriate Committee or Division of the Appraisal Institute authorized for that purpose under this Regulation;

(ii) appointees to the Appellate Division may receive confidential peer review information and documents concerning cases scheduled to come before

(iii) the Appellate Division in the first quarter of their term as early as the November 1 preceding the commencement of their term;

(iv) the officers of the Appraisal Institute, when and to the extent authorized for that purpose under the Bylaws and Regulations of the Appraisal Institute;

(v) the members of the national Executive Committee;

(vi) the members of the Board of Directors when the Board of Directors is in session;

(vii) legal counsel for the Appraisal Institute or legal counsel for any Committee or Division of the Appraisal Institute referred to in this Regulation;
and

(viii) the employees and agents of the various Committees and Divisions authorized or created under this regulation.

Section 2. Attestation and Verification Form. Potential nominees for an elected position in the Appraisal Institute, whether on a national, regional, or chapter level, must submit an Attestation and Verification form to the appropriate nominating committee. This form shall be approved by the Board of Directors and contain an affirmative statement that a nominee for an elected position has not received a publishable
disciplinary action within the five years prior to nomination. (The five years shall be measured from the date on the form.) The form shall further state that if the potential nominee receives a final publishable disciplinary action after nomination but prior to election, he or she will withdraw from nomination; and, if after electi on to office he or she receives a final publishable disciplinary action, he or she will resign. Each potential appointee to a national committee and each potential faculty member shall submit an Attestation and Verification form similar in substance that was described above. The form must be completed and sent to the Professional Standards Administrator for verification. The Professional Standards Administrator, or his designee, shall return the form to the potential nominee who may then forward it to the appropriate nominating committee prior to official nomination.

Section 3. Advice to National Admissions Committee. It shall be the duty of the Regional Member of the Ethics Administration Division in charge of the file to promptly notify the Admissions Department:

(i) when a disciplinary proceeding against a Candidate is initiated by the filing of a Grievance Committee Complaint or by the filing of a Grievance Committee Report relating to a violation of Ethical Rule 2-3(c);

(ii) when a disciplinary proceeding against a Candidate is terminated by an action of a Hearing Committee; and when a disciplinary proceeding against a Candidate is terminated by an action of the Appeal Board, or a Hearing Committee recommends a disciplinary action and no appeal is taken by the Candidate.

Section 4. Confidential Treatment of Notices. All notices and other documents or communications mailed or delivered in connection with any disciplinary proceeding or review and counseling proceeding under this Regulation shall be transmitted in sealed envelopes or packages, clearly marked "CONFIDENTIAL."

Section 5. Breach of Confidential Nature of Peer Review Investigations, Disciplinary Proceedings or Review and Counseling Proceedings. A Member or an Affiliate who fails strictly to observe the rules relating to the confidential nature of peer review investigations, disciplinary proceedings and review and counseling proceedings under this Regulation shall be subject to: (i) disciplinary proceedings under the Bylaws and Regulations of the Appraisal Institute, which may result in the expulsion of a Member from membership or the termination of the Affiliate Status of a Candidate or State Accredited Affiliate of the Appraisal Institute; and (ii) legal proceedings against such Member or Affiliate for damages suffered by the Appraisal Institute as the result of the failure of such Member or Affiliate to observe the rules relating to the confidential nature of peer review investigations, disciplinary proceedings or review and counseling proceedings under this Regulation.

ARTICLE XVII

PROCEDURES GOVERNING PROCESSING OF CASES UNDER REVIEW PURSUANT TO THE SOCIETY'S REGULATION NO. 7 AS OF DECEMBER 31, 1990

PART A. IF A MATTER WAS UNDER REVIEW PURSUANTTO THE SOCIETY'S REGULATION NO. 7 BUT WAS NOT UNDER RE VIEW PURSUANT TO AIREXS REGULATION NO. 6

Section 1. If the Case Under the Society's Regulation No. 7 is Not Under Preliminary Review or Secondary Orders. Except as provided further in this section, if a Member or Affiliate of the Appraisal Institute was the subject of a pending professional practice case under the Society's Regulation No. 7 at the close of business on December 31, 1990 and the subject matter of that case was not also the subject of a pending peer review file at the same time under AIREA's Regulation No. 6, such Member or Affiliate shall receive written notice that he o r she may elect whether review of the case shall continue under the Society's Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's. Regulation No. 6) or will proceed under the Appraisal Institute's Regulation No. 6. The Member or Affiliate must file such election in writing with the Ethics and Counseling De partment by certified mail, return receipt requested, within thirty (30) days of the date of the notice to theMember or Affiliate. If the Member or Affiliate elects that his or her case proceed under the Appraisal Institute's Regulation No. 6, review of such case shall proceed as set forth under Part C of this Article. If the Member or Affiliate fails to file a timely notice in the manner prescribed, review of the file shall continue under the Society's Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's Regulation No. 6). This section does not apply if the Member or Affiliate ate was the subject of a pending professional practice case under the Society's Regulation 7.5000 through 7.5310 (preliminary review) or the Society's Regulation 7.1270 through 7.1290 (secondary orders) as of December 31, 1990.

Section 2. If the Case Under the Society's Regulation No. 7 Was Under Preliminary Review. If a Member or Affiliate of the Appraisal Institute was the subject of a pending professional practice case under the Society's Regulation 7.5000 through 7.5310 (preliminary review) as of the close of business on December 31,1990 and the subject matter of that case was not also, the subject of a pending peer review file at the same time under AIREA's Regulation No. 6, the case history file shall be referred to the Director of Screening for processing in accordance with Regulation No. 6, Article VIII, Part D and as further prescribed in this Regulation. Section 3. If the Case Under the Society's Regulation No. 7 Was Under Secondary Orders. If a Member or Affiliate of the Appraisal Institute was the subject of a professional practice case under the Society's Regulation 7.1270 through 7.1290 (secondary orders) as of the close of business on December 31, 1990 and the subject matter of that case was not also the subject of a pending peer review file at the same time under AIREAs Regulation No: 6, the case shall proceed under the Society's Regulation 7.1270 through 7.1290 as amended in the Appendix to the Appraisal Institute's Regulation No. 6.

PART B. IF THE SAME MATTER WAS UNDER REVIEW PURSUANT TO AIREA'S REGULATION NO. 6 AND THE SOCIETY'S REGULATION NO. 7

Section 1. Determining Which Case or File Was at a Further Stage of Processing. If a Member or Affiliate was the subject of a pending professional practice case under the Society's Regulation No. 7 at the close of business on December 31,1990 and the subject matter of that case was also the subject of a pending peer review file at the same time under AIREXs Regulation No. 6, the case or file which is at a further stage of processing as defined in this section shall continue under review and the other case or file shall be closed.

The following stages of processing in AIREA's Regulation No. 6 and the Society's Regulation No. 7 as of December 31, 1990 are deemed u valid for purposes of determining which case shall proceed:

(i) Preliminary Examination Screening. Cases under the Society's Regulation 7.5000 through 7.5310 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article VIII, Part D.

(ii) Appointment of Investigating Committee Trans mittal of File to Committee. Cases under the Society's Regulation 7.6010 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article X, Part A and AIREA's Regulation No. 6, Article XIV, Part A.

(iii) Committee Investigation. Cases under the Society's Regulation 7.6015, 7.6140, 7.6150,7.6110,7.6120, and 7.6130 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article X, Part B and AIREA's Regulation No. 6, Article XIV, Part B.

(iv) Preparation of Committee Report. Cases under the Society's Regulation 7.6210 and 7.6310 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article X, Part C and AIREA's Regulation No. 6, Article XIV, Part C.

(v) Review of Committee Report. Cases under the Society's Regulation 7.6510, 7.6520, 7.6530, 7.8010 (when file transmitted to International Committee pursuant to Section 7.6530), 7.8110 (at the conclusion of an investigation where charges will not be preferred unless accused requests a hearing), and 7.8210 (at the conclusion of investigation) shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article X, Part D, E, and F (Sections 1-3), and AIREA!s regulation No. 6, Article XIV, Parts D, E (Section 1), and F.

(vi) Notification of Disciplinary or Remedial Action Without a Hearing. Cases under the Society's Regulation 7.8310 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article X, Part F (Section 4) and AIREA's Regulation No. 6, Article XIV, Part E (Section 2).

(vii) Review of Committee Reports Recommending Preferring Charges or Filing Complaint Preparation and Review of Letter of Charge or Complaint. Cases under the Society's Regulation 7.6540 and 7.8110 (at the conclusion of investigation where charges will be preferred) shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article X, Part G.

(viii)Hearing or Trial Committee Appointment. Cases under the Society's Regulation 7.4530 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article XII, Part A, Sections 1-2.

(ix) Filing of Complaint or Letter of Charge Through Pre- Hearing. Cases under the Society's Regulation 7.6610 (as to delivery of letter of charge to accused), 7.4590, 7.6710, 7.7110, 7.7120, 7.7140, and 7.7170 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Part A, Sections 3-10, and AIREA's Regulation No. 6, Article )(11, Part B.

(x) Hearing. Cases under the Society's Regulation 7.7210 through 7.7300 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article XII, Part C.

(xi) Preparation and Review of Hearing Committee Decision or Report of findings and Recommendation or Order. Cases under the Society's Regulation 7.7410, 7.7430, 7.8010 (when pursuant to Regulation 7.6530 or 7.6710-c-1), 7.8020,7.8110 (at the conclusion of a hearing or after admission of charges), 7.8510,7.8610, and 7.8620 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article XII, Part D, Sections 1-3 (when the Hearing Committee decision has not yet been issued).

(xii) Issuance of Findings and Order or Hearing Committee Decision. Cases under the Society's Regulation 7.8410 and 7.8630 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article XI, Part D, Section 4 and AIREA's Regulation No. 6, Article XfV, Part E, Sections 1-2.

(xiii)Filing Appeal or Request Petition for Appeal. Cases under the Society's Regulation 7.9010,7.9110,7.9210, and 7.9310 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article XV, Part A, Section 1 (until and including the filing of a notice of appeal), AIREA's Regulation No. 6, Article XIV, Part E, Section 3, and AIREA's Regulation No. 6, Article XV, Part B, Sections 14.

(xiv)Filing of Briefs or Comments on Appeal. Cases under the Society's Regulation 7.9520 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article XV, Part A (after notice of appeal filed) and Part B, Sections 5-11.

(xv) Consideration of Appeal. Cases under the Society's Regulation 7.9610, 7.9620, and 7.9710 shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article XV, Part C - E (until the Appeal Board decision is issued).

(xvi) Secondary Orders. Educational Alternatives. Cases under the Society's Regulation 7.1270 (secondary orders) shall be deemed at an equivalent stage of processing to files under AIREA's Regulation No. 6, Article X, Part F, Section 5; AIREA's Regulation No. 6, Article XII, Part E, Section 2; and AIREAs Regulation No. 6, Article XV, Part D, Section 3.

If a file under AIREA's Regulation No. 6 was in suspense at the close of business on December 31, 1990 pursuant to AIREA!s Regulation No. 6, Article XI, Part C or AIREA!s Regulation No. 6, Article XIII, Part B, the stage of processing shall be determined by identifying the stage at which the file was at immediately prior to the time the file was placed in suspense.

A case or file at a stage (1-16) identified by a higher number than the other case or file shall be deemed at a further stage of processing for purposes of this Part.

Section 2. If the Case Under the Society's Regulation No. 7 Was at a Further Stage of Processing. If the case under the Society's Regulation No. 7 was at a further stage of processing than the file under AIREA's Regulation No. 6 at the dose of business on December 31,1990, the pending file that was under AIREA's Regulation No. 6 shall be closed and the Member or Affiliate shall receive written notice that he or she may elect whether review of the file that was pending under the Society's Regulation No. 7 shall proceed under the Society's Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's Regulation No. 6) or will proceed under the Appraisal Institute's Regulation No. 6.

The Member or Affiliate must file such election in writing with the Ethics and Counseling Department by certified mail, return receipt requested, within thirty (30) days of the date of the notice to the Member or Affiliate. If the Member or Affiliate elects that his or her file proceed under the Appraisal Institute's Regulation No. 6, review of such file shall proceed as set forth under Part C of this Article. If the Member or Affiliate fails to file a timely notice in the manner prescribed, review of the case shall continue under the Society's Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's Regulation No. 6).

Section 3. If the File Under AIREA's Regulation No. 6 Was at a Further Stage of Processing. If the file under AIREA's Regulation No. 6 was at a further stage of processing than the case under the Society's Regulation No. 7 at the close of business on December 31, 1990, the case that was pending under the Society's Regulation

No. 7 shall be closed and the file that was pending under AIREA's Regulation No. 6 shall continue to be processed in accordance with the Appraisal Institute's Regulation No. 6.

Section 4. If the File Under AIREA's Regulation No. 6 and the Case Under the Society's Regulation No. 7 Were at an Equivalent Stage of Processing. If the file under AIREA's Regulation No. 6 and the case under the Society's Regulation No. 7 were at an equivalent stage of processing at the close of business on December 31, 1990, the Member or Affiliate who is the subject of those matters shall receive written notice that he or she may elect which case or file shall be closed and which case or file shall proceed unless both were at stage number 1 as defined in Section 1 of this Part.

The Member or Affiliate must file such election with the Ethics and Counseling Department in writing by certified mail, return receipt requested, within thirty (30) days of the date of the notice to the Member or Affiliate. If the Member or Affiliate elects that the case that was under the Society's Regulation No. 7 shall proceed, the file that was under AIREA's Regulation No. 6 shall be closed and the case that was under.the Society's Regulation No. 7 shall proceed under Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's Regulation No. 6). If the Member or Affiliate elects that the file that was under AIREA's Regulation No. 6 shall proceed, the case that was under the Society's Regulation No. 7 shall be closed and the file that was under AIREA's Regulation No. 6 shall proceed in accordance with the Appraisal Institute's Regulation No. 6. If the Member or Affiliate fails to file a timely notice in the manner prescribed, review of the file that was under AIREA's Regulation No. 6 shall proceed in accordance with the Appraisal Institute's Regulation No. 6 and the case that was under the Society's Regulation No. 7 shall be closed.

If the file under AIREXs Regulation No. 6 was at screening and the case under the Society's Regulation No. 7 was at preliminary review at the close of business on December 31, 1990, the case history file for the case under the Society's Regulation No. 7 shall be referred to the Director of Screening who shall combine the two matters and proceed in accordance with the Appraisal Institute's Regulation No. 6, Article VIII, Part D and as further prescribed in this Regulation.

PART C. PROCEDURE IF MEMBER OR AFFILIATE ELECTS THAT A CASE THAT WAS UNDER THE SOCIETY'S REGULATION NO. 7 SHALL PROCEED UNDER THE APPRAISAL INSTITUTE'S REGULATION NO. 6

Section 1. If Case Was Under the Society's Regulation 7.6010. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.6010 at the close of business on December 31, 1990 shall proceed under the Appraisal Institute's Regulation No. 6, the case history file shall be forwarded to the Director of Screening who shall proceed in accordance with the Appraisal Institute's Regulation No. 6, Article VIII, Part D. The file shall then proceed as further prescribed in this Regulation.

Section 2. If Case Was Under the Society's Regulation 7.6015,7.6140, or 7.6150. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.6015,7.6140, or 7.6150 at the close of business on December 31, 1990 shall proceed under the Appraisal Institute's Regulation No. 6, the case history file shall be forwarded to the Director of Screening who shall determine in accordance with the Appraisal Institute's Regulation No. 6, Article VIII, Part D, Sections 5-6 whether to refer the matter to the Ethics Administration Division or the Review and Counseling Division for further review.

If the Director of Screening refers the matter to the Ethics Administration Division, the file shall be assigned to the Regional Member from the region in which the alleged violation occurred. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Grievance Committee but shall not be required to fulfill the requirements specified in Article D of this Regulation. The Grievance Committee shall proceed in accordance with the Appraisal Institute's Regulation No. 6, Article X, Part B and the file shall proceed as further prescribed in this Regulation.

If the Director of Screening refers the matter to the Review and Counseling Division, the file shall be assigned to the Regional Member from the region in which the local chapter of the Member or Affiliate is located. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Review and Counseling Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation. The Review and Counseling Committee shall proceed in accordance with the Appraisal Institute's Regulation No. 6, Article XIV, Part B and the file shall proceed as further prescribed in this Regulation.

Section 3. If Case Was Under the Society's Regulation 7.6210 or 7.6310. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.6210 or 7.6310 at the close of business on December 31, 1990 shall proceed under the Appraisal Institute's Regulation No. 6, the case history file shall be forwarded to the Director of Screening who shall determine in accordance with the Appraisal Institute's Regulation No. 6, Article VIII, Part D, Sections 5- 6 whether to refer the matter to the Ethics Administration Division or the Review and Counseling Division for further review.

If the Director of Screening refers the matter to the Ethics Administration Division, the file shall be assigned to the Regional Member from the Region in which the alleged violation occurred. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Grievance Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation. The Grievance Committee shall complete or revise its report in accordance with the Appraisal Institute's Regulation No. 6, Article X, Part B and the file shall proceed as further prescribed in this Regulation.

If the Director of Screening refers the matter to the Review and Counseling Division, the file shall be assigned to the Regional Member from the Region in which the chapter of the Member or Affiliate is located. The Chapter Professional Committee responsible for the case as of December 31, 1990 shall serve as the Review and Counseling Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation. The Review and Counseling Committee shall complete or revise its report and prepare a Memorandum of Counsel if appropriate in accordance with the Appraisal Institute's Regulation No. 6, Article XIV, Part B and the file shall proceed as further prescribed in this Regulation.

Section 4. If Case Under Society's Regulation No. 7 Was at a State Where the Report of the Chapter Professional Practice Committee Was Under Review. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.6510, 7.6520, 7.6530, 7.6540, 7.6550, 7.8010 (when file was transmitted to International Professional Practice Committee pursuant to section 7.6530), 7.8110 (at the conclusion of an investigation), or 7.8210 (at the conclusion of investigation) at the close of business on December 31, 1990 shall proceed under the Appraisal Institute's Regulation No. 6, the case history file shall be forwarded to the Ethics and Counseling Department at the national headquarters of the Appraisal Institute. The Professional Standards Administrator or his/her designee shall review the report of the Chapter Professional Practice Committee to determine whether the Committee concluded that the Member or Affiliate violated only the Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards); violated the Society's Code of Ethics and/or Standards of Professional Conduct; or did not violate the Society's Code of Ethics, Standards of Professional Conduct, or Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards).

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the Chapter Professional Practice Committee concluded in its report that the Member or Affiliate violated the Society's Code of Ethics and/or the Standards of Professional Conduct, the Professional Standards Administrator shall refer the file to the Ethics Administration Division for assignment to the Regional Member from the Region in which the alleged violation occurred. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Grievance Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation. If the Committee recommended "discipline which will not alter membership classification" and specifically recommended the discipline of admonishment or reprimand or recommended no specific discipline, the Regional Member shall treat the report as if the Committee recommended admonishment and shall proceed in accordance with the Appraisal Institute's Regulation No. 6, Article X, Part F. The file shall then proceed as further prescribed in this Regulation. If the Chapter Professional Practice Committee recommended preferring charges,or "discipline not altering membership classification" and specifically the discipline of censure, the Regional Member shall treat the Committee's report as if the Committee recommended that a formal Grievance Committee Complaint be prepared and filed, and shall proceed in accordance with the Appraisal Institute's Regulation No. 6, Article X, Part G. The file shall then proceed as further prescribed in this Regulation.

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the Chapter Professional Practice Committee concluded in its report that the Member or Affiliate violated only the Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards), the Professional Standards Administrator shall refer the file to the Review and Counseling Division for assignment to the Regional Member from the Region in which the local chapter of the Member or Affiliate is located. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Review and Counseling Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation. The Regional Member shall treat the Committee's report as if the Committee recommended that the Member or Affiliate be counseled in writing by a Memorandum of Counsel and shall proceed in accordance with the Appraisal Institute's Regulation No. 6, Article XIV, Part E. The file shall then proceed as further prescribed in this Regulation.

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the Chapter Professional Practice Committee recommended dismissal or exoneration in its report, the Professional Standards Administrator shall refer the file to the Review and Counseling Division for assignment to the Regional Member from the Region in which the local chapter of the Member or Affiliate is located. The Chapter Professional Practice Committee shall serve as the Review and Counseling Committee but shall not be required to fulfill the requirements of Article D( of Regulation No. 6. The Regional Member shall treat the Committee's report as if the Committee recommended that no further action be taken and that the file be closed and shall proceed in accordance with the Appraisal Institute's Regulation No. 6, Article XIV, Part D. The file shall then proceed as further prescribed in this Regulation.

Section 5. If Case Was Under the Society's Regulation 7.8310. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.8310 at the close of business on December 31,1990 shall proceed under the Appraisal Institute's Regulation No. 6, thereby requesting a hearing, the case history file shall be forwarded to the Ethics and Counseling Department at the national headquarters of the Appraisal Institute. The Ethics and Counseling Professional Standards Administrator or his/her designee shall review the report of the Chapter Professional Practice Committee to determine whether the Committee concluded that the Member or Affiliate violated only the Uniform Standards of Professional Practice (or the Society's predecessors to those Standards); violated the Society's Code of Ethics and/or Standards of Professional Conduct; or did not violate the Society's Code of Ethics, Standards of Professional Conduct, or Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards).

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the Chapter Professional Practice Committee concluded in its report that the Member or Affiliate violated only the Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards), the Professional Standards Administrator shall refer the file to the Review and Counseling Division for assignment to the Regional Member from the Region in which the local chapter of the Member or Affiliate is located. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Review and Counseling Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation. The request of the Member or Affiliate for a hearing shall be deemed a request for Permission to Appeal a Memorandum of Counsel pursuant to the Appraisal Institute's Regulation No. 6, Article XV, Part B, Section 1. Such request shall be automatically granted. The Chair of the Appellate Division shall provide the Member or Affiliate with written notice concerning the granting of the request by certified mail, return receipt requested. The content of the notice shall be governed by the Appraisal Institute's Regulation No. 6, Article XV, Part B, Section 8.

Within thirty (30) days of the receipt of such notice from the Chair of the Appellate Division, or within such additional time as may be granted for this purpose by the Chair of the Appellate Division, the Member or Affiliate must file a Brief in support of such appeal by certified mail, return receipt requested, to the Chair of the Appellate Division and the Chair of the Review and Counseling Committee , with a copy thereof by regular mail to the Regional Member of the Review and Counseling Division in charge of the file and to the Ethics and Counseling Department.

Within thirty (30) days of the receipt of the Brief of the Member or Affiliate, or within such additional time as may be granted for this purpose by the Chair of the Appellate Division, the Chair of the Review and Counseling Committee shall cause the Review and Counseling Committee to file a Reply Brief responding to the arguments set forth in the Brief in support of appeal. The content and filing method of the Reply Brief shall be governed by the Appraisal Institute's Regulation No. 6, Article XV, Part B, Section 6. The file shall then proceed as further prescribed in this Regulation.

Section 6. If Charges Were Preferred But a Hearing Has Not Occurred in the File Under the Society's Regulation No. 7. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.4530, 7.4590, 7.6610 (as to delivery of letter of charge to accused), 7.6710, 7.7110, 7.7120, 7.7140, or 7.7170 as of the close of business on December 31, 1990 shall proceed under the Appraisal Institute Regulation No. 6, the case history file shall be forwarded to the Ethics and Counseling Department at the national headquarters of the Appraisal Institute. The Ethics and Counseling Professional Standards Administrator or his/her designee shall review the report of the Chapter Professional Practice Committee and the letter of charge to determine whether those documents allege that the Member or Affiliate violated only the Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards); violated the Society's Code of Ethics and/or Standards of Professional Conduct; or did not violate the Society's Code of Ethics, Standards of Professional Conduct, or Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards).

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the Chapter Professional Practice Committee concluded in its report that the Member or Affiliate violated only the Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards), the Professional Standards Administrator shall refer the file to the Review and Counseling Division for assignment to the Regional Member from the Region in which the local chapter of the Member or Affiliate is located. The Regional Member shall send a notice to the Member or Affiliate that the Committee report and letter of charge are being considered as a Review and Counseling Committee report and Memorandum of Counsel and that the Member or Affiliate has the rights specified in the Appraisal Institute's Regulation No. 6, Article XIV, Part E, Section 3. The file shall then proceed as further prescribed in this Regulation. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Review and Counseling Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation.

(i) the file is referred to the Ethics Administration Division under this section;

(ii) a Chapter Trial Committee was appointed pursue ant to the Society's Regulation 7.4530;

(iii) the Member's or Affiliate's right to request disqualification of any members of the Trial Committee expired under the Society's Regulation 7.4590; and

(iv) the composition of the Trial Committee was final as of December 31,1990, the Chapter Trial Committee shall serve as the Hearing Committee but shall not be required to fulfill the requirements of Article IX of this Regulation.

However, each member of the Hearing Committee's must sign a statement indicating that they do not have a conflict of interest. If a Hearing Committee member is unable or unwilling to sign such a form, a replacement appointment shall be made in accordance with the Appraisal Institute's Regulation No. 6, Article XII, Part A, Section 8. The letter of charge shall be considered as the formal Grievance Committee Complaint under the Appraisal Institute's Regulation No. 6. The accused Member or Affiliate shall have an opportunity to exercise all of the rights specified in the Appraisal Institute's Regulation No. 6, Article XII, Part B, and the file shall proceed pursuant to that Part and as further prescribed in this Regulation.

If the file is referred to the Ethics Administration Division under this section and a Chapter Trial Committee was appointed pursuant to the Society's Regulation 7.4530 but the Member's or Affiliate's rights to request disqualification of any members of that Committee under Regulation 7A590 have not expired, the Member or Affiliate shall be advised of the rights to challenge such Committee members specified in the Appraisal Institutes Regulation No. 6, Article XII, Part A, Sections 3-7. In addition, each member of the Hearing Committee must sign a statement indicating that they do not have a conflict of interest. If a Hearing Committee member is unable or unwilling to sign such a form or a Member or Affiliate successfully challenges a Hearing Committee member, a replacement appointment shall be made in accordance with the Appraisal Institute's Regulation No. 6, Article 11, Part A, Section 8. Any person serving on the Hearing Committee by virtue of appointment by the Supervisory Officer shall not be required to fulfill the requirements of Article IX of the Appraisal Institute's Regulation No. 6. The letter of charge shall be considered as the formal Grievance Committee Complaint under the Appraisal Institute's Regulation No. 6. The accused Member or Affiliate shall have an opportunity to exercise all of the rights specified in the Appraisal Institute's Regulation No. 6, Article XII, Part B, and the file shall proceed pursuant to that Part and as further prescribed in this Regulation,

If the file is referred to the Ethics Administration Division under this section and if the Supervisory Officer was in the process of appointing the Chapter Trial committee pursuant to the Society's Regulation 7.4530 or a Chapter Trial Committee was not yet appointed as of December 31, 1990, the Hearing Committee shall be appointed pursuant to the Appraisal Institute's Regulation No. 6, Article XII, Part A, Section 2. Any previous appointments to the Chapter Trial Committee shall be invalid. The letter of charge shall be considered as the formal Grievance Committee Complaint under the Appraisal Institute's Regulation No. 6. The file shall then proceed in accordance with the Appraisal Institute's Regulation No. 6, Article XII, Part A, Section 3 and as further prescribed in this Regulation.

Section 7. If a Hearing Occurred But the Findings and Order Have Not Yet Been Sent to the Accused Under the Society's Regulation No. 7. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.7410, 7.7430, 7.8010 (when pursuant to Regulation 7.6530 or 7.6710-c1), 7.8020, 7.8110 (at the conclusion of a hearing or after admission of charges), 7.8510, 7.8610, or 7.8620 as of December 31, 1990 shall proceed under the Appraisal Institute's Regulation No. 6, the case history file shall be forwarded to the Ethics and Counseling Department at the national headquarters of the Appraisal Institute.

The Ethics and Counseling Professional Standards Administrator or his/ her designee shall review the findings and order or recommendation of the most recent party to consider the matter (Chapter Trial Committee, International Professional Practice Committee, International Review Committee, or Society Executive Committee) to determine whether such party concluded that the Member or Affiliate violated only the Uniform Stan dards of Professional Appraisal Practice (or the Society's' predecessors to those Standards); violated the Society's Code of Ethics and/or Standards of Professional Conduct; or did not violate the Society's Code of Ethics, Standards of Professional Conduct, or Uniform Standards of Professional Appraisal Practice (or the Society's' predecessors to such Standards).

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the most recent party to consider the matter concluded that the Member or Affiliate did not violate the Society's Code of Ethics, Standards of Professional Conduct, or the Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards), the Professional Standards Administrator shall send by certified mail, return receipt requested, the findings and order or recommendation of such party to the accused and the case shall be closed.

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the most recent party to review the matter concluded that the Member or Affiliate violated only the Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards), the Professional Standards Administrator shall refer the file to the Review and Counseling Division for assignment to the Regional Member from the Region in which the local chapter of the Member or Affiliate is located. The Regional Member shall treat the findings as a Review and Counseling Committee Report and Memorandum of Counsel and send them to the Member or Affiliate. The Member or Affiliate shall have the rights provided in the Appraisal Institute's Regulation No. 6, Article XIV, Part E, Section 3 and the file shall proceed as further prescribed in this Regulation. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Review and Counseling Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation.

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the most recent party to review the matter concluded that the Member or Affiliate violated the Society's Code of Ethics and/or Standards of Professional Conduct, the Professional Standards Administrator shall transmit the findings and order or recommendation of such party (which shall be treated as a Hearing Committee decision) to the accused Member or Affiliate with a notice similar in content to that described in the Appraisal Institute's Regulation No. 6, Article XII, Part D, Section 4. If the Member or Candidate files a timely notice of appeal, the file shall proceed pursuant to Article XV of the Appraisal Institute's Regulation No. 6. The Chapter Professional Practice Committee shall serve as the Grievance Committee but shall not be required to fulfill the requirements of Article IX of this Regulation. If the Member or Candidate fails to file a timely notice of appeal, the file shall proceed pursuant to the Appraisal Institute's Regulation No. 6, Article XII, Part E, Section 1 .

Section 8. lf the Period for Filing a Written Petition For Leave to Appeal Has Not Expired or Such Petition Has Not Yet Been Granted or Denied Under the Society's Regulation No. 7. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.9010,7.9110,7.9210, or 7.9310 as of December 31, 1990 shall proceed under the Appraisal Institute's Regulation No. 6, the case history file shall be forwarded to the Ethics and Counseling Department at the national headquarters of the Appraisal Institute.

If the Member or Affiliate has already filed a timely petition for leave to appeal or files such a petition within the time frame permitted under the Society's Regulation No. 7.9010, the appeal shall be granted and the petition shall be considered the appeal brief for purposes of the Appraisal Institute's Regulation No. 6. The Ethics and Counseling Professional Standards Administrator or his/her designee shall then determine whether such appeal shall proceed as an Ethics Administration Division or Review and Counseling Division matter.

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the Findings and Order issued to the Member or Affiliate conclude only a violation of the Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards), such findings and order shall be considered as a Review and Counseling Committee Report and Memorandum of Counsel. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Review and Counseling Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation. The Chair of the Appellate Division shall notify the parties that the appeal has been granted. Such notice shall be similar in content to that described in the Appraisal Institute's Regulation No. 6, Article XV, Part B, Section 5 and Section 8. The file shall proceed as further prescribed in this Regulation.

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the Findings and Order issued to the Member or Affiliate conclude a violation of the Society's Code of Ethics and/or the Standards of Professional Conduct, such Findings and Order shall be considered as a Hearing Committee decision. The Chapter Professional Practice Committee responsible for the case as of December 31,1990 shall serve as the Grievance Committee but shall not be required to fulfill the requirements of Article IX of this Regulation. The Chair of the Appellate Division shall notify the parties that the appeal is granted. Such notice shall be similar in content to that described in the Appraisal Institute's Regulation No. 6, Article XV, Part A, Section 1 and Section 8, but shall be modified to account for the fact that the appeal brief has already been filed. The notice shall state that within thirty (30) days of receipt of the notice of the Chair of the Appellate Division, or within such additional time as may be granted for this purpose by the Chair of the Appellate Division, the Chair of the Grievance Committee shall cause the Grievance Committee to file a Reply Brief responding to the arguments set forth in the Appeal Brief of the Member or Affiliate. The content of the Reply Brief shall be governed by the Appraisal Institute's Regulation No. 6, Article XV, Part A, Section 4 and the file shall proceed as further prescribed in this Regulation.

Section 9. If the Appeal Was Granted But Final Findings and Order Have Not Yet Been Issued Under the Society's Regulation No. 7. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.9520, 7.9610, 7.9620, or 7.9710 as of December 31, 1990 shall proceed under the Appraisal Institute's Regulation No. 6, the case history file shall be forwarded to the Ethics and Counseling Department at the National headquarters of the Institute. The Ethics and Counseling Professional Standards Administrator or his/her designee shall determine whether such appeal shall proceed as an Ethics Administration Division or Review and Counseling Division matter.

If the Ethics and Counseling Professional Standards Administrator or his/her designee determines that the Findings and Order issued to the Member or Affiliate conclude only a violation of the Uniform Standards of Professional Appraisal Practice (or the Society's predecessors to those Standards), such Findings and Order shall be considered as a Review and Counseling Committee Report and Memorandum of Counsel. The petition shall be considered an Appeal Brief. The Chapter Professional Practice Committee responsible for the case as of December 31, 1990 shall serve as the Review and Counseling Committee but shall not be required to fulfill the requirements specified in Article IX of this Regulation. The Chair of the Appellate Division shall issue a notice similar in content to that described in the Appraisal Institute's Regulation No. 6, Article XV, Part B, Section 8, but such notice shall be modified to account for the fact that the appeal has already been granted. The file shall then proceed as further prescribed in this Regulation.

Section 6, but such notice shall be modified to account for the fact that the Appeal Brief (the petition) has already been filed. The notice shall state that within thirty (30) days of receipt of the notice, or within such additional time as may be granted for this purpose by the Chair of the Appellate Division, the Chair of the Grievance Committee shall cause the Grievance Committee to file a Reply Brief responding to the arguments set forth in the Appeal Brief of the Member or Affiliate Appellant. The content of the Reply Brief shall be governed by the Appraisal Institute's Regulation No. 6, Article XV, Part A, Section 4 and the file shall proceed as further prescribed in this Regulation.

Section 10. If the Chapter Investigation Was Deferred. If a Member or Affiliate elects under Part A or Part B of this Article that review of a case under the Society's Regulation 7.6110,7.6120, or 7.6130 at the close of business on December 31, 1990 shall proceed under the Appraisal Institute's Regulation No. 6, the case history shall be forwarded to the Ethics and Counseling Committee Chairman, who shall proceed in accordance with the Appraisal Institute's Regulation No. 6, Article XI, Part C, Section 2.

Section 11. Procedural Requirements of Regulation No. 6. If a professional practice case that was under the Society's Regulation No. 7 as of December 31, 1990 is to proceed under the Appraisal Institute's Regulation No. 6, Part C, procedural requirements of Regulation No. 6 prior to the stage at which such case began in this Regulation shall not be required.

PART D. IF THE SOCIETY OR AIREA WAS REVIEWING AMATTERTHATTHE OTHER ORGANIZATION ALREADY COMPLETED REVIEWING

If a Member or Affiliate was the subject of a pending peer review file under AIREA's Regulation No. 6 or a pending professional practice case under the Society's Regulation No. 7 as of the close of business on December 31, 1990 and the other organization had already completed peer review of the same matter, the pending case or file shall be closed.

For purposes of this Part, cases under the Society's Regulation 7.1270 through 7.1290 as of the close of business on December 31, 1990 shall not be considered "pending." Such cases shall be processed in accordance with the Appraisal Institute's Regulation No. 6, (Article XVII), Part A, Section 3 or the Appraisal Institute's Regulation No. 6, (Article XVII), Part B, whichever is appropriate.

PART E. COMPOSITION, MEETINGS, POWERS, AND DUTIES OF THIE PROFESSIONAL PRACTICE DIVISION

Section 1. Membership of Division. The Professional Practice Division shall consist of a Chair and six members, all of whom shall be Appraisal Institute members in good standing. All individuals on the Division must have been professionally designated members of the Society on December 31, 1990. At least three of the individuals on the Division must have held the SREA or SRPA designation on December 31,1990. No more than two members shall be Past Presidents of the Society. No member of the Society's 1990 Executive Committee may serve on the Professional Practice Committee except as Chair. The Chair shall have at least two years of experience in professional practice matters at the Society's national level.

Section 2. Appointment and Tenure. The Chair and other members of the Professional Practice Division shall be appointed to the Division by the President of the Appraisal Institute, with approval of the Board of Directors. All business conducted by the Professional Practice Division shall be deemed valid regardless of the Board of Directors' subsequent actions with respect to approval of such Division appointments. The Chair of the Professional Practice Division shall be appointed to the Division for a term of one (1) year commencing on January 1. The other members of the Division shall be appointed to the Division for a term of two (2) years commencing on January 1.

Potential appointees to the Professional Practice Division shall submit an Attestation and Verification form similar in substance to that described in this Regulation.

Section 3. Vacancies. If a vacancy occurs in the membership of the Professional Practice Division, the President of the Appraisal Institute shall fill such vacancy for the unexpired term and such interim appointment shall become effective immediately, provided, however, that if a meeting of the Board of Directors is held prior to the expiration of the interim appointee's term, then such interim appointment shall be submitted to the Board of Directors at such meeting for ratification and approval. If the Board of Directors shall fail to ratify and approve such interim appointment at such meeting, such interim appointment shall terminate and be of no further force and effect. However, all business conducted by the Professional Practice Division shall be deemed valid regardless of the Board of Director's subsequent action with respect to any such interim appointment.

Section 4. Meetings. The Professional Practice Division shall meet during the Appraisal Institute's first and third quarter national meetings if the Division has business to conduct or cases to consider. The Professional Practice Division shall also meet at such other times and places as may be designated by the Ethics and Counseling Committee Chair or the Chair of the Professional Practice Division.

The Chair of the Professional Practice Division shall preside at all meetings of the Division. In the event the Chair cannot be present at a Division meeting, the members present shall elect one of their number to serve as Chair pro tem for that meeting only. The Chair, or Chair pro tem, shall vote only to break a tie. For the purpose of conducting business and/or administering discipline, the Chair, or Chair pro tem, and three members of the Committee shall constitute a quorum, and a simple majority of those present shall be required to enact business.

Section 5. Powers and Duties. Through December 31, 1992, the Professional Practice Division shall have jurisdiction only over cases that will be reviewed under the Society's Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's Regulation No. 6) pursuant to the Appraisal Institute's Regulation No. 6, Article XVIL Parts A and B. Through December 31,1992, the Professional Practice Division will also have the following other powers and duties:

(a) To review, consider, and interpret the Society's Standards of Professional Practice and Conduct.

(b) To advise, supervise, and direct Supervisory Officers, Chapter Professional Practice Committees and Trial Committees in the correct application of the Society's Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's Regulation No. 6).

(c)To function as a judicial committee when imposition of a penalty which will not affect membership or affiliate status is appropriate.

(d) To review cases and make recommendations to the 1990 Society Executive Committee in those instances in which the Professional Practice Division considers it appropriate to invoke a penalty which will alter membership or affiliate status.

(e) To function as an investigation Committee, receiving complaints and preferring charges under the supervision of the 1990 Society President in those cases in which the authority normally delegated to chapters is retained by the Professional Practice Division for any reason.

(f) To develop and distribute to appropriate persons such guidelines as may be necessary to properly define the responsibilities, functions, and procedures of the Supervisory Officers, Chapter Professional Practice Committees and Trial Committee , and to insure that these agents function in accordance with the Society's Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's Regulation No. 6).

(g) To attend such meetings as may be called by the Chairs of the Ethics and Counseling Committee or the Professional Practice Division and act upon the business which prompted the meeting.

(h) To prepare written interpretations of the provisions of the Society's Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's Regulation No. 6) and the Society's Standards of Professional Practice and Conduct where such interpretations are necessary to a clear understanding of the meaning and intent of the various provisions.

After December 31, 1992, the Professional Practice Division shall possess only those powers necessary to the implementation of the Society's Regulation 7.1270 through 7.1290 (secondary orders) as amended in the Appendix to the Appraisal Institute's Regulation No. 6. Any case under the Society's Regulation No. 7 (as amended in the Appendix to the Appraisal Institute's Regulation No. 6) as of December 31, 1992 that is not under secondary orders shall proceed under the Appraisal Institute's Regulation No. 6 in accordance with Part C of this Article.

PART F. SUNSET

When the Professional Practice Division no longer has any cases under its jurisdiction pursuant to Article XVII, the Division shall cease to exist, and this Article and the Appendix to the Appraisal Institute's Regulation No. 6 shall expire.

APPRAISAL INSTITUTE

APPENDIX TO REGULATION NO. 6

REGULATION

7.1000 Definitions

For purposes of this Appendix to the Appraisal Institute's Regulation No. 6, the terms listed below shall have the following meanings:

7.1010 Case History File means and includes all mate rial contained in a file pertaining to a case which was initiated by a complaint. When a hearing has been conducted, it shall include the Trial Hearing File. At the conclusion of any case by a chapter, the Case History File is to be transmitted to the National head quarters of the Appraisal Institute where it shall be retained in a confidential file. No material concerning any case shall be retained by the chapter after it has concluded its duties with respect to the case.

7.1020 Chapter Committee means the Chapter Professional Practice Committee.

7.1030 Complaint means and includes any report prior to January 1, 1991, containing allegations concerning a Society member's professional practice and conduct, or any request prior to January 1, 1991, for review of a Society member's appraisal report.

SOCIETY OF REAL ESTATE APPRAISERS'

REGULATION NO. 7 AS AMENDED

EFFECHVE JANUARY 1, 1991

Section 1.

If a Member or Affiliate of the Appraisal Institute engaged in any conduct while a Society member that violated or was contrary to, or inconsistent with the announced purposes of the Society, or its Bylaws, Regulations and Standards of Professional Practice and Conduct, such conduct shall be grounds for disciplinary action.

Section 2.

Questions relating to an alleged violation by an Appraisal Institute Member or Affiliate of the announced purposes, of the Bylaws, Regulations, and Standards of Professional Practice and Conduct of the Society while a Society member shall be resolved in accordance with this Appendix only when specifically authorized pursuant to Article XVII of the Appraisal Institute's Regulation No. 6.

7.1040 Division Chair means the Chair of the Professional Practice Division of the Ethics and Counseling Committee of the Appraisal Institute.

7.1045 Professional Practice Division means the Professional Practice Division of the Ethics and Counseling Committee as constituted under the Appraisal Institute's Regulation No. 6.

7.1050 International Committee means the International Professional Practice Committee as constituted under the Society's Regulation No. 6 prior to January 1, 1991.

7.1060 International Review Committee means an International Professional Practice Review Committee a. An International Review Committee shall be

appointed only when required in accordance

with Regulation 7.8020 and shall not be a

standing Committee The term of office shall

commence upon appointment, and shall cease

when the committee has rendered its findings

and order in the assigned file.

An International Review Committee shall consist of three disinterested and impartial members, all of whom shall be Members of the Appraisal Institute who were professionally designated Society members as of December 31, 1990. All International Review Committee members shall be serving or shall have served on the International Committee of Professional, Practice Division but shall not have participated in any phase of any professional practice proceeding involving the Member(s) and / or Affiliate(s) whose conduct is considered in the assigned file.

In the event there are not three members available to serve as provided in Regulation 7.1060b, past Officers of the Society may be appointed to an International Review Committee provided they are disinterested and impartial, and provided they have not participated in any phase of any professional practice proceeding involving the member whose conduct is considered in the assigned file.

7.1070 Society Member means Candidate member, Senior Residential Appraiser member, Senior Real Property Appraiser member, Senior Real Estate Analyst member, Semi-Retired member, Associate member, Inactive member and/or Life member of the Society as of December 31, 1990.

7.1075 Member or Affiliate means a Member or Affiliate of the Appraisal Institute.

7.1080 Particulars of the Charge means a statement or statements describing the cause of the charge. The particulars need not be stated in minute detail, but should summarize those actions or omissions which gave rise to the charge.

7.1090 Principals means and includes the person complained against and the members of the Chapter Professional Practice Committee.

7.1095 Disciplinary Proceedings commence upon the mailing of a letter of charge to the accused and terminate upon final disposition of the case, including the expiration of the time period for compliance with any secondary order.

7.1110 Society means the international Society of Real Estate Appraisers, Inc., an Illinois not-for-profit corporation.

7.1115 Appraisal Institute means the Appraisal Institute, an Illinois not-for-profit corporation.

7.1120 Standards means the Society's Standards of Professional Practice and Conduct prior to January;M1,
which includes the Code of Ethics, the Uniform Standards of Professional Appraisal Practice and the Standards of Professional Conduct.

7.1130 Trial Hearing File means and includes the letter of charge and response by accused, the transcript of testimony at a Trial Committee hearing, all exhibits introduced as evidence at the hearing (appraisal reports, etc.), the Trial Committee's report of its findings, opinions and recommendation, and the Supervisory Officer's recommendation.

Discipline

7.1210 Discipline or Disciplinary Action means a recorded penalty that is administered to a Member or Affiliate by the Professional Practice Division or the Society's 1990 Executive Committee for violation of the Society's Bylaws and/or Standards. The forms of discipline which may be administered are as follows:

Discipline Not Altering Membership or Affiliate Status

7.1220 Admonish means an expression of disapproval and constitutes a warning concerning a specific act, such as an error or omission An admonishment may include a secondary order imposing conditions for continuation of membership or affiliation.

7.1230 Reprimand means a severe expression of disapproval and criticism, and constitutes a serious warning. A reprimand may include a secondary order imposing conditions for continuation of membership or affiliation.

7.1235 Censure means the most severe expression of disapproval which does not alter membership or affiliation status. A censure may include a secondary order imposing conditions for continuation of membership or affiliation.

Discipline Altering Membership or Affiliate Status

7.1240 Suspension of Designation means a provisional revocation of professional designation(s) and of the rights and privileges of membership related to such designation(s) for a specified period of time, not to exceed two years. It requires the return to the Appraisal Institute of those evidences of membership relating to the designation(s) suspended for the duration of the suspension. A suspension may include a secondary order imposing provisional conditions for continuation of membership and/or restoration of designation(s). At the expiration of the suspension, the designation(s) shall be restored providing that any secondary order imposed has been complied with. plainant, if a Member or Affiliate, shall be subject to disciplinary proceedings under the Appraisal Institute's Regulation No. 6, and the first sentence of Regulation 7.2140 shall not apply

Confidential Nature of Professional Practice Cases

7.2210 Access to all correspondence, records, transcripts, exhibits, conversation, and any information generated as a result of the professional practice complaint shall be limited to those necessarily involved under these procedures, and shall be deemed strictly confidential. All correspondence and other documents mailed in connection with proceedings under this Regulation shall be sealed and marked "Confidential." Failure to respect this confidence shall be deemed a violation of Ethical Rule 2-1.

PROCEDURE

Rules Governing Confidentiality

The following govern confidentiality after a professional practice question has been resolved:

P7.100 Dismissals or Exonerations

Regulation 7.8210 provides that when the Professional Practice Division dismisses a case for lack of evidence in favor of the Member or Affiliate concerned, it "shall take any steps necessary to correct any false impression engendered by the inquiry which might have been detrimental to the reputation and business of the Member or Affiliate concerned."

Accordingly, the complainant and anyone else having knowledge of the complaint or the investigation is informed by the Professional Practice Division when a complaint is dismissed or a Member or Affiliate exonerated, and he/she is advised of the reasons therefore.

P.7.105 Discipline Not Altering Membership or Affiliate Status

There are no procedures in the Society's Regulation No. 7as amended in this Appendix which permit anyone to be advised with respect to the administration of discipline not altering membership or Affiliate status (admonishments and reprimands). Therefore, the confidentiality requirements of Regulation 7.2210 remain in effect and no one is given this information except those who have been necessarily involved under the procedures of the Society's Regulation No. 7 as amended in this Appendix.

Admonishments and reprimands are considered warnings more than they are considered penalties, and they do not affect the Member's or Affiliate's status. The Member or

Affiliate remains in good standing. Such discipline may be very light, or it may be quite severe and put the Member or Affiliate on notice that any further violation will leave the Appraisal Institute no alternative but to take stronger action. In all of these cases, the intent is to counsel and educate the Member or Affiliate so that he/she will bear better appraiser. The intent is not to harm the Member or Affiliate or to damage his/her reputation. Releasing information concerning discipline of this type would certainly tend to hurt the Member's or Affiliate's reputation.

A censure is the most severe discipline which does not alter membership or affiliate status, and notice of same is provided to the profession through publication in the official publication of the Appraisal Institute. Notwithstanding this procedure, the confidentiality requirements of Regulation 7.2210 remain in effect.

P.7.110 Discipline Altering Membership or Affiliate Status Regulation 7.10,000 provides that "Notice of censure, expulsion, suspension of designation, revocation of designation, or termination of affiliate status shall be published in the next succeeding issue of the official publication of the Appraisal Institute."

A decision to censure or to alter membership or affiliate status is based on very serious violations. It is considered appropriate in professional organizations to advise the membership of these types of disciplines. Nevertheless, disciplinary actions of these types are never published until the Member or Affiliate has had every opportunity to defend~end himself1herself through the prescribed procedures of a hearing, appeal, etc., and even then no information is released concerning the details of the case.

REGULATION

7.3000 Authority of Professional Practice Division

7.3010 The Professional Practice Division has powers and duties as established in Article XVII of the Appraisal Institute's Regulation No. 6.

7.3020 The Professional Practice Division delegates its investigative and hearing authority to each chapter; however, it does not waive or relinquish its power to act on its own motion, on complaint or otherwise to conduct the procedure either in whole or in part should the situation warrant it.

7.3030 Whenever in its opinion circumstances warrant, the Professional Practice Division or a part thereof may act to conduct the proceedings either in whole or in part as the investigative agency, or it may appoint a special Committee to act in its stead for either all or a part of these proceedings. Any special committee so appointed shall have all the powers and duties of a Chapter Committee hereinafter described.

7.3040 Whenever in its opinion circumstances warrant, the Professional Practice Division or apart thereof may act as the hearing agency (provided it or the members so acting have not participated in any phase of the proceedings either as complainant or the investigative agency), or it may appoint a special committee to act in its stead. Any special committee so appointed shall have all the powers and duties of a Chapter Trial Committee hereinafter described.

7.3050 Whenever the provisions of Regulations 7.3030 or 7.3040 are used, the Division Chair may request the 1990 Society President to act as Supervisory Officer, and the 1990 Society President may appoint a Member of the Appraisal Institute who was a professionally designated member of the Society as of December 31, 1990, to act on his behalf either in whole or in part. In the absence of such request by the Division Chair, the 1990 Chapter President shall act as Supervisory Officer.

7.3060 Should only a part of the Professional Practice Division (maximum of five) act as the complainant, or act to conduct the proceedings either in whole or in part as the investigative agency, or act as the hearing agency, those Professional Practice Division members shall not take part in the Professional Practice Division's disposition of the case.

7.3070 Should the whole Professional Practice Division act as the complainant, or act to conduct the proceedings either in whole or in part as the investigative agency, or act as the hearing agency, the case shall be referred to an International Review Committee for disposition in accordance with Regulation 7.8020.

7.4000 Chapter, Committee, and Individual Responsibility

7.4030 Those individuals and committees who are assigned responsibilities under the Society's Regulation No. 7asamended in this Appendix may not refuse to perform them. However, if for valid reasons, the Supervisory Officer deems it inappropriate for the Chapter Committee or a Chapter Trial Committee to act in a specific matter, he/she shall in writing notify the Division Chair. With the approval of the Division Chair, the Supervisory Officer may appoint a special Professional Practice Committee or a special Trial Committee of Members of the Appraisal Institute who were designated members of the Society as of December 31, 1990, and who need not be members of the chapter of the appraiser who is the subject of the case, to act in the stead of the Chapter Committee or a Chapter Thai Committee. Such special committees shall have all the powers and duties of the Chapter Committee or a Chapter Trial Committee.

7.4040 The Supervisory Officer's chapter, if financially able, shall be responsible for payment of all expenses incurred in the resolution of a professional practice question. In the event that the Supervisory Officer's chapter is not financially able to bear these costs, the expenses shall be guaranteed by the Appraisal Institute and shall be paid either in whole or in part, provided a request is submitted in advance of the proceedings and authorization is received by the chapter from the Appraisal Institute. Such a request shall show reason why the chapter cannot financially bear the cost, and shall include an estimate of probable costs (transcription of testimony, etc.).

Supervisory Officer

7.4110 The Supervisory Officer must be a Member of the Appraisal Institute who was a designated member of the Society as of December 31, 1990. The Supervisory Officer for a case under the Society's Regulation No. 7 as amended in this Appendix shall be the individual serving as Supervisory Officer for the case as of December 31,1990. The Supervisory Officer for such case shall be responsible for the case until final disposition of proceedings. His/her responsibilities as Supervisory Officer shall be to direct and coordinate the work of the Chapter Committee and the Chapter Trial Committee, to see that the work of these Committees is performed expeditiously, and to act as liaison between these Committees and the Professional Practice Division in the processing of complaints.

7.4120 If the Supervisory Officer is unable to continue serving or is disqualified from serving, the highest ranking 1990 Chapter Officer available shall assume the Supervisory Officer responsibilities as long as that Officer is a Member of the Appraisal Institute. If no designated Officer is available, the Division Chair shall appoint a Member of the Appraisal Institute who was a designated Society member of the chapter as of December 31, 1990, as Supervisory Officer. If no such designated member is available, the Division Chair shall appoint a Member of the Appraisal Institute who was a designated member of the Society as of December 31, 1990, and who is from a nearby chapter as Supervisory Officer.

7.4130 If the Supervisory Officer has a direct involvement with the complaint or with one of the parties involved, he/she shall notify the Division Chair who shall decide if the involvement is such that it could result in prejudicial treatment toward the Appraisal Institute or the Member or Affiliate complained against. If so, then the highest ranking Officer available shall assume the Supervisory Officer responsibilities as long as such Officer is a Member of the Appraisal Institute. The same conditions and procedures apply to succeeding Officers.

Chapter Professional Practice Committee Powers and Duties

7.4220 The Chapter Committee shall conduct an investigation of any complaint assigned to it. At the conclusion of its investigation, the Chapter Committee shall submit a report of its findings and a recommendation to the Supervisory Officer.

7.4230 In the event a trial hearing is conducted as a result of the Chapter Committee's investigation, it shall act as the prosecuting body during the hearing.

Constitution of Committee

7.4310 Three members of a Chapter Professional Practice Committee composed of three to five members shall consist ute a quorum.

7.4330 The Supervisory Officer shall not serve as a member of the Committee, but shall be an ex officio member without voting privileges. No member of the Professional Practice Division or 1990 Society Executive Committee shall serve on the Committee.

7.4340 For any case under the Society's Regulation No. 7 as amended in this Appendix, the responsibilities of the Chapter Professional Practice Committee for a particular case shall be assigned to the Chapter Professional Practice Committee handling the case as of December 31, 1990. Such committee shall serve related to that case until the case is disposed of. The Chair of the Committee as of December 1, 1990, shall continue to serve in that capacity until the case is disposed of.

7.4350 Any chapter member whose business or personal relationships with the Member or Affiliate complained of have been or become so close as to create prejudice for or against such Member or Affiliate may decline to continue service on the Committee for that case only. Such persons shall be deemed to have reasonable cause for declining to serve on that case, and shall be excused. In this event, an alternate appointment maybe made for that case only, and must be made if necessary to bring the membership strength of the Committee to three.

Chapter Trial Committee

Powers and Duties

7.4410 A Chapter Trial Committee shall sit as an impartial and objective tribunal before which charges are presented against a Member or affiliate and the Member or Affiliate is afforded an opportunity to defend himself /herself.

7.4420 The Committee shall establish the rules of evidence and procedures to be followed during the hearing and the Chair shall preside.

7.4430 At the conclusion of the hearing, the Committee shall, in writing, report its findings and opinions and a recommendation for disposition.

Constitution of Committee

7.4510 A Chapter Trial Committee shall be appointed only when required under the procedures hereinafter described, and shall not be a standing committee. The term of office shall commence upon appointment, and shall cease when the assigned case has been disposed of.

7.4520 The Committee shall consist of three members and two alternate members, all of whom shall be Members of the Appraisal Institute who were professionally designated members of the Society as of December 31, 1990.

7.4530 The Supervisory Officer shall, with the approval of the 1990 Chapter Board of Directors, appoint the Trial Committee and designate one member of the Committee as Chair.

7.4540 The Supervisory Officer shall not accept appointment to the Trial Committee, shall not be an ex officio member, and shall not be present at the trial hearing.

7.4550 No member of the Chapter Professional Practice Committee which investigated the case shall be appointed to the Committee. No member of the Professional Practice Division or the 1990 Society Executive Committee shall be appointed to the Committee

7.4560 No member shall be appointed to the Committee who has served on a committee for another professional organization which investigated or heard a case against the accused.

7.4570 Any chapter member whose business or personal relationships with the accused have been such as to create prejudice for or against the accused may decline service on the Trial Committee Such persons shall be deemed to have reasonable cause to be excused.

7.4580 Members requested to serve on the Chapter Trial Committee must do so, unless they can show to the 1990 Chapter Board of Directors that they have reasonable cause for not serving.

7.4590 At least 15 days prior to the hearing, any principal may file a written request with the Supervisory Officer for disqualification of no more than three members of the Trial Committee, and such requests will be granted upon a show of reasonable cause. In this event, the Supervisory Officer shall excuse the members disqualified and appoint alternate members to serve in their stead.

7.6000 Investigation of Complaint Referral of Complaint to Chapter Committee

7.6010 If prior to January 1, 1991, the Chair of the Society's International Professional Practice Committee instructed the Supervisory Officer to conduct a complete investigation of the complaint and the Supervisory Officer has yet to instruct the Chair of the Chapter Professional Practice Committee to convene the Chapter Committee within 30 days for this purpose, the Supervisory Officer must so instruct the Chair of the Chapter Professional Practice Committee. The Supervisory Officer shall file a report every 30 days with the Professional Practice Division, care of the national headquarters of the Appraisal Institute, on the status of the investigation.

7.6015 Upon receiving instructions from the Supervisory Officer to conduct a complete investigation of a complaint, the Chair of the Chapter Professional Practice Committee shall convene the Chapter Committee within 30 days for this purpose. The Chair of the Chapter Professional Practice Committee shall file a report on the status of the investigation with the Supervisory Officer every 30 days.

Investigation by Chapter Committee

7.6120 The Chapter Committee shall defer investigation of complaints against a Member or Affiliate under indictment for a criminal offense, until final disposition of the criminal charge.

7.6130 The Chapter Committee shall defer investigation of complaints against a Member or Affiliate where a proceeding under any state or local law for revocation of any real estate license or certification is pending against the Member or Affiliate, until final disposition of the proceedings.

7.6140 The purpose of the Chapter Committee's investigation shall be to obtain as much information as possible relative to the complaint. When the complaint concerns an appraisal, the Chapter Committee shall not limit its investigation to the allegations in the complaint, but shall review the appraisal in its entirety to determine if it has been prepared in accordance with the Society's Standards of Professional Practice and Conduct. Any deficiencies found shall be investigated.

7.6150 The Chapter Committee is empowered, but not limited to the following as a means of obtaining information relative to the complaint:

a. Requiring Members or Affiliates to submit exact duplicates or original copies of a written appraisal report (i.e., appraisal report plus any supporting material in written appraisal file), correspondence, and other documents, exhibits, etc.

b. Conducting an interview with the Member or Affiliate complained against to informally secure his/her explanations for the alleged misconduct. (The Member or Affiliate should be advised in advance of the interview what appraisal reports or conduct will be the subject of discussion.) Unless otherwise instructed by the Chair of the Professional Practice Division, the Chapter Commit- d. see shall defer investigation of complaints against a Member or Affiliate concerning his/her appraisal testimony in a court or other judicial proceeding when informed that final judgment has not yet been entered in that litigation or that any appeals in that litigation have not yet been concluded. The Chapter Committee shall resume its investigation when that litigation has been concluded.

Conducting such other investigations either by mail or personal conference with persons who may have information concerning the matters under investigation, as may be required.

Requiring Members or Affiliates to submit copies of any complaint (including copies of any appraisals concerned), which form the basis for disciplinary action taken by another organization of appraisers.

7.6160 Failure to comply with a written request sent to the Member or Affiliate by registered or certified mail (return receipt requested) within 30 days, without good cause shown to the Professional Practice Division for delay in compliance, shall result in expulsion from the Appraisal Institute if a Member and termination of affiliate status if an Affiliate. In this event, the Professional Practice Division shall so notify the Executive Vice President of the Appraisal Institute, and he/she shall notify the individual by registered or certified mail (return receipt requested) that he/she has been expelled from membership and/or that his/ her affiliate status has been terminated on grounds of failure to cooperate in matters of discipline. Any Member or Affiliate who fails to accept registered or certified mail (return receipt requested) after two attempts by the Appraisal Institute shall be deemed to have failed to comply with a written request and shall be expelled if a Member or terminated if an Affiliate as heretofore provided in this section.

Report of Findings by Chapter Committee

7.6210 At the conclusion of its investigation, the Chapter Committee shall prepare a detailed report of its findings and complete the Check Sheet for Reviewing Appraisals. The report shall include the Chapter Committee's findings with respect to each allegation in the complaint, as well as any other instances of misconduct discovered during the course of its investigation. Each of the Chapter Committee's findings shall also make reference to the pertinent provisions of the Bylaws and/or Standards. With each of the findings, the Chapter Committee shall also state the explanation for the alleged misconduct secured from the Member or Affiliate concerned during interview (if any).

Recommendation by Chapter Committee

7.6310 The Chapter Committee shall Prepare a letter of recommendation based on its findings which shall be transmitted along with the complete Case History File (complaint, appraisal reports, any supporting data and reasoning obtained from written appraisal files, documents, report of the Chapter Committee's findings, completed Check Sheet for Reviewing Appraisals, etc.) to the Supervisory Officer. The Chapter Committee shall recommend one of the following:

a. that the complaint be dismissed.

b. that the Member or Affiliate complained against be exonerated and steps taken to clear his/her name.

c. that discipline which will not alter membership or affiliate status (admonishment, reprimand or censure) be administered. (This recommendation shall only be made if the Chapter Committee has conducted an interview with the Member or Affiliate complained against in accordance with Regulation 7.6150-b, and no further action is deemed necessary.)

d. that charges be preferred against the Member or Affiliate.

Confidential Nature of Chapter Committee's Report and Recommendation

7.6410 Regardless of its findings, neither the Chapter Committee nor its members shall divulge any information concerning its report or the substance of its recommendation to the Member or Affiliate complained against, the complainant, or any person other than the Supervisory Officer.

Consideration of Report and Recommendation by Supervisory Officer

7.6510 The Supervisory Officer shall consider the Chapter Committee's report and recommendation.

7.6520 If the Supervisory Officer is of the opinion that the Chapter Committee has not adequately carried out its duties, he/she may refer the Case History File back to the Chapter Committee for further investigation and/or a more complete report of its findings.

7.6530 If the Chapter Committee's report appears to be adequate, and the recommendation is for dismissal (Regulation 7.6310-a), exoneration (Regulation 7.6310b), or discipline which will not alter membership or affiliate status (Regulation 7.6310-c), the Supervisory Officer shall transmit the complete Case History File, along with his/her comments and recommendations, by certified mail, return receipt requested, to the Professional Practice Division for disposition in accordance with Regulation 7.8000. The Supervisory Officer shall not divulge any information concerning the case to anyone other than the Professional Practice Division.

7.6540 If the Chapter Committee's report appears to be adequate, and the recommendation is for preferring charges (Regulation 7.6310-d), the Supervisory Officer shall prepare a letter of charge for transmission to the accused as provided hereunder. Such letter of charge shall be submitted in draft form to the Division Chair for comments prior to transmission to the Member or Affiliate concerned.

7.6550 The Supervisory Officer shall submit the Chapter Committee's findings of the investigation and recommendation for disposition with his/her comments and recommendation for disposition or draft letter of charge to the Professional Practice Division, care of the national headquarters of the Appraisal Institute, within 150 days of receipt of instructions from the Chair of the Society's International Professional Practice Committee to conduct a complete investigation of a complaint. The Supervisory Officer may be granted an extension of time upon a request made to the Professional Practice Division Chair with a show of good cause.

Letter of Charge

7.6610 The letter of charge shall identify the appraisal reports or conduct and shall list all charges and set forth with each charge the particulars of the charge and the provisions of the Bylaws and /or Standards alleged to have been violated. The letter shall inform the accused that his/her response should be directed to the Supervisory Officer by registered or certified mail. The letter shall be delivered to the accused by registered or certified mail (return receipt requested) and a copy shall be transmitted to the Professional Practice Division.

Response to Letter of Charge by Accused

7.6710 After 30 days following receipt of the letter of charge, if the accused:

a. has failed to respond to the charges, the Supervisory Officer shall so notify the Executive Vice President of the Appraisal Institute and shall transmit the Case History File to him/ her. The Executive Vice President shall notify the accused by registered or certified mail (return receipt requested) that he/she has been expelled from membership if a Member or terminated from affiliate status if an Affiliate on grounds of failure to respond.

b. has admitted the charges and:

c. has not requested a hearing, the Supervisory Officer shall transmit the Case History File and the letter of admission to the Professional Practice Division, and shall recommend such discipline as he/she deems appropriate.

d. has requested a hearing, the request shall be granted so that the accused may present any evidence that may tend to mitigate the disciplinary penalty, and the Supervisory Officer shall arrange to have a hearing in accordance with Regulation 7.7000as denied the charges, the Supervisory Officer shall arrange to have a hearing in accordance with Regulation 7.7000.

7.7010 All hearings shall be conducted by a Trial Committee constituted in accordance with the provisions of Regulations 7.4510 through 7A590.

Prior to Hearing Notice of Hearing to Accused

7.7110 At least 30 days prior to the date set for hearing, and not later than 60 days after receipt of the accused's response to the charges, the Supervisory Officer shall cause a letter to be delivered to the accused by registered or certified mail (return receipt requested), notifying him/her of the time and place for hearing, the names of the members and alternates of the Trial Committee, and the names of witnesses being called on behalf of the Chapter Committee. The letter shall also advise the accused of his/her right to have witnesses appear and testify on his/her behalf at the hearing, provided the testimony is relevant to the charges, and provided the accused informs the Supervisory Officer of the identity of such witnesses at least 15 days prior to the date set for hearing.

Witnesses

7.7120 On behalf of either the accused Member or Affiliate or the Chapter Committee, at least ten days prior to the date set for hearing, the Supervisory Officer shall issue written summons to Members or Affiliates requiring them to appear and/or written invitations to non-members/non- affiliates asking them to appear and to testify at the hearing.

7.7130 Failure or refusal by a Member or Affiliate so summoned to respond, or to appear and testify, except for justifiable reasons acceptable to the Supervisory Officer shall be considered in violation of Ethical Rule 24 of the Appraisal Institute's Code of Professional Ethics.

Continuance

7.7140 At the request of any principal and for good cause shown, the Supervisory Officer may continue the date set for hearing to a date not exceeding 30 days from the date first set.

Failure to Appear

7.7150 Failure or refusal of an accused Member or Affiliate to appear at a hearing without good cause shown to the Trial Committee shall be deemed an admission of the allegations contained in the letter of charge and shall result in expulsion from the Appraisal Institute if a Member and termination of affiliate status with the Appraisal Institute if an Affiliate. In this event, the Supervisory Officer shall so notify the Executive Vice President and shall transmit the Case History File to him/her. The Executive Vice President shall notify the accused by registered or certified mail (return receipt requested) that he/she has been expelled from membership and/or that his/her affiliate status has been terminated on the grounds of admission of guilt and failure to appear.

Transcription of Testimony

7.7160 The Supervisory Officer shall arrange for transcribing or recording the proceedings at the hearing, and shall order one copy only to be transcribed for inclusion in the Trial Hearing File after the hearing, except as hereinafter provided.

7.7161 At the request of the accused Member or Affiliate, a second copy of the exhibits introduced at the hearing and the transcript or recording of the trial hearing shall be produced and made available to the accused Member or Affiliate. In that event, the accused Member or Affiliate shall share equally with the chapter in any and all expense concerned with the reproduction of exhibits and the transcribing or recording of the proceedings of the hearing. Any such request by the accused Member or Affiliate must be made at the conclusion of the trial hearing.

Prior Disclosure

7.7170 The accused shall have the right to submit a narrative summary statement of his/her defense, provided it is submitted to the Supervisory Officer at least ten days prior to the date set for the hearing. In this event, the Supervisory Officer shall instruct the Chapter Committee to submit a narrative summary statement of the prosecution. The Supervisory Officer shall make the letter of charge, the response by the accused, and the narrative summary statements, if any, available to the Trial Committee no earlier than one week in advance of the date set for the hearing.

During Hearing Rules of Evidence and Procedures

7.7210 The Chair of the Trial Committee shall preside at the hearing, but all committee members shall have equal standing.

7.7220 The Trial Committee shall determine its own rules of evidence and procedures to be followed in hearing evidence. The Committee shall not be bound by the rules of evidence applicable in courts, but shall afford all principals full opportunity to be heard, pres-
lent witnesses, and offer evidence, subject to its judgment as to relevance.

Prosecution

7.7230 The Chair and/or members of the Chapter Committee shall function as a prosecuting body during the hearing, presenting the evidence against the accused.

Legal Counsel

7.7240 The Trial Committee shall allow the accused to be accompanied by his/ her legal counsel. The chapter Professional Practice Committee may also have its legal counsel present. Legal counsel may consult with and advise his/her client, and may examine and cross-examine principals and witnesses, but shall not address the Trial Committee, speak for his/her client, or participate in the proceedings in any other manner. The Trial Committee may at any time refuse to permit legal counsel to continue his/her participation in the proceedings when he/she has disregarded any orders or rulings of the Trial Committee Chair.

Examination of Principals and Witnesses

7.7250 All principals and witnesses shall be asked to swear or affirm that the testimony which they give is true to the best of their knowledge.

7.7260 No witness or principal shall testify unless all principals are present. All principals shall be afforded an opportunity to examine and cross-examine.

7.7270 Each witness shall be called into the hearing room by the Trial Committee when his/her testimony is deemed appropriate, and shall be excused at the conclusion of his/her testimony. No more than one witness shall be allowed in the hearing room at any time.

Confidential Nature of Proceedings

7.7280 Committee members, principals, and witnesses shall be reminded of the strictly confidential nature of such proceedings and shall be cautioned not to discuss them with others. Violation of this provision by a Member or Affiliate shall be cause for disciplinary action.

7.7290 Court reporters, stenotypists, transcribers, and legal counsel present at the hearing shall be cautioned against disclosing the proceedings or portions thereof. Recess

7.7300 Hearings need not be continuous. The Trial Committee may recess the hearing whenever, in its judgment, fairness or convenience so requires.

After Hearing

Consideration and Report by Trial Committee

7.7410 At the conclusion of a hearing, the Trial Committee shall convene in executive session. It shall consider the charges and response, the testimony and evidence presented, and shall prepare a written report of its findings and opinions with respect to each charge and each particular of the charge, and a recommendation for disposition. The Trial Committee shall transmit its report and all exhibits introduced as evidence at the hearing to the Supervisory Officer.

Confidential Nature of Trial Committee Report the International Committee or Professional Practice Division has previously rendered discipline or required the filing of charges, and the 1990 Society President shall appoint an International Review Committee to consider and dispose of said file. The Division Chair shall refer said file without comment and/or recommendation to the appointed International Review Committee which shall have all the powers and duties of the Professional Practice Division as provided in Regulations 7.8000 and 7.9000 for that file only.

Action on Chapter Transmission

7.8110 On all matters so received and considered by the Professional Practice Division, it may take one or more of the following actions:

7.7420 Regardless of the findings of the Trial Committee, it shall not divulge any information concerning its report or the substance of its recommendation to the d. accused Member or Affiliate, the complainant, or any person other than the Supervisory Officer. e. Consideration of Report by Supervisory Officer

7.7430 Within 30 days after the hearing, the Supervisory Officer shall assemble the Trial Hearing File (the letter of charge and response by accused, the transcript of testimony, all exhibits introduced as evidence at the hearing, and the Trial Committee report) and shall include in it his/her recommendation for disposition. The Supervisory Officer shall then transmit the Trial Hearing File, together with the complete Case History File, to the Professional Practice Division in care of the national headquarters of the Appraisal Institute. The Supervisory Officer shall not divulge any information concerning the case to anyone other than the Professional Practice Division.

7.8000 Disposition and Administration of Discipline

7.8010 The Professional Practice Division shall receive and consider all Case History Files transmitted by the chapter in accordance with Regulation 7.6530 (at conclusion of investigation) and Regulation 7.6710-c-1 (after admission of charges), and Trial Hearing Files transmitted in accordance with Regulation 7.7430 (at conclusion of hearing), except as provided in Regulation 7.8020.

7.8020 The Division Chair shall receive any file in which approve the report in whole or in part and/or the chapter's recommendations. disapprove the report in whole original part and/ or the chapter's recommendations. modify or change the report in whole or in part and/or the chapter's recommendations. dismiss the case. refer the case back to the chapter and order further investigation and/or charges preferred and/or a new hearing by a Chapter Trial Committee or special Trial Committee as provided for under Regulation 7.4030.

Disposition: Dismissal or Exoneration

When File Transmitted by Chapter at Conclusion of Investigation or Hearing

7.8210 After consideration, the Professional Practice Division may dismiss the case for lack of evidence and/or failure to process the case in compliance with the Society's Regulation No. 7, or find the evidence in favor of the Member or Affiliate concerned. The Division Chair shall mail the findings and order of the Professional Practice Division to the Member or Affiliate concerned by registered or certified mail (return receipt requested), and shall take any steps necessary to correct any false impression engendered by the inquiry which might have been detrimental to the reputation and business of the Member or Affiliate concerned.

Administration of Discipline: Not Altering Membership or Affiliate Status

When File Transmitted by Chapter at Conclusion of Investigation

7.8310 After consideration, and provided the Chapter Committee's investigation included an interview with the Member or Affiliate concerned and no further action is deemed necessary, the Professional Practice Division may administer discipline which will not alter membership or affiliate status. The Division Chair shall mail the findings and order of the Professional Practice Division by registered or certified mail (return receipt requested) to the Member or Affiliate concerned, who shall be given the option of accepting such discipline or within 30 days requesting a hearing. If a hearing is requested by the Member or Affiliate, the Division Chair shall refer the Case History File back to the Supervisory Officer and order a hearing in accordance with Regulation 7.7000.

When File Transmitted by Chapter After Admission of Charges or at Conclusion of Hearing

7.8410 After consideration, the Professional Practice Division may administer discipline which will not alter membership or affiliate status. The Division Chair shall mail the findings and order of the Professional Practice Division to the Member or Affiliate concerned by registered or certified mail (return receipt requested). All findings and orders shall become effective and final 30 days from date of receipt provided the Member or Affiliate concerned does not exercise his/her right of appeal.

Administration of Discipline: Altering Membership or Affiliate Status

When File Transmitted by Chapter After Admission of Charges or at Conclusion of Hearing

7.8510 After consideration, the Professional Practice Division may recommend to the 1990 Society Executive Committee the administration of discipline which will alter membership or affiliate status.

Consideration by 1990 Society Executive Committee

7.8610 Only the 1990 Society Executive Committee has the power to administer discipline which will alter membership or affiliate status (except where such discipline is automatic under the Society's Regulation No. 7 as amended in this Appendix), and such action may be recommended to the 1990 Society Executive Committee only by the Professional Practice Division.

7.8620 The 1990 Society Executive Committee shall have access to the Case History File. The Professional Practice Division, through its Chair, shall present all of the evidence, the findings, and its recommendation to the 1990 Society Executive Committee.

7.8630 After consideration, the 1990 Society Executive Committee shall make findings and issue orders which shall be sent to the Member or Affiliate concerned by registered or certified mail (return receipt requested). All findings and orders shall become effective and final 30days from date of receipt provided the Member or Affiliate concerned does not exercise his/her right of appeal.

7.9000 Appeal

7.9010 Within 30 days after receipt of findings and order administering discipline, the Member or Affiliate concerned may file a written petition for leave to appeal the findings and order.

Context of Appeal Petition

7.9110 Petitions for leave to appeal shall be sent to the Executive Vice President, and shall show points overlooked or misapprehended and/or the existence of evidence not considered by or available to the interested parties at the hearing. With a written statement of intent to petition filed with the Executive Vice President, unless the petitioner already has requested a copy of the exhibits introduced at the trial hearing and a copy of the transcript or recording of the hearing pursuant to Regulation 7.7161, the petitioner may request and shall be provided a copy of same upon payment of a fee equal to one-half the expense of transcribing or recording the proceedings at the trial hearing plus the cost of photocopying the exhibits.

Continuance

7.9210 Upon written request filed with the Executive Vice President not less than five days before the expiration of the appeal period, the petitioner, upon good cause shown, may be granted an extension of the appeal period not to exceed an additional 30 days.

Allowance or Denial of Appeal

7.9310 The petition for leave to appeal shall be submitted to the Division Chair if the order did not alter membership or affiliate status, or to the 1990 Society President if the order altered membership or affiliate status. The Division Chair or the 1990 Society President shall take the petition under advisement, may consult with other appropriate persons, and shall, at his/her discretion, grant or deny the appeal.

Denial of Appeal

7.9410 If the petition for leave to appeal is denied, the Member or Affiliate concerned shall be so notified by the Executive Vice President and the findings and order shall be final.

Appeal Granted

7.9510 If the appeal is granted, the Professional Practice Division shall sit as an Appeal Board.

7.9520 In cases where a Trial Hearing has been conducted, a copy of the petition for leave to appeal shall be sent to the Supervisory Officer who shall reconvene the Chapter Trial Committee which heard the case. The Trial Committee shall consider the petition and shall return its comments to the Division Chair within 30 days after receipt. In all other cases a copy of the petition shall be sent to the Supervisory Officer who shall reconvene the Chapter Committee which investigated the case. The Chapter Committee shall consider the petition and shall return its comments to the Division Chair within 30 days.

Consideration by Appeal Board it

7.9610 The Appeal Board shall review and consider the petition and Trial Committee's answer in light of the Trial Hearing File.

7.9620 Neither the Member or Affiliate concerned, nor a chapter representative shall appear before the Appeal Board unless expressly invited to do so by the Division Chair.

7.9630 If the order did not alter membership or affiliate status, after consideration the Appeal Board shall reaffirm, reverse, or modify its findings and order, or shall order the chapter to conduct a new hearing in accordance with Regulation 7.7000.

7.9640 If the order altered membership or affiliate status, after consideration the Appeal Board shall recommend to the 1990 Society Executive Committee that its findings and order be reaffirmed, reversed, or modified, or that the chapter be ordered to conduct a new hearing in accordance with Regulation 7.7000.

Consideration of Appeal by 1990 Society Executive Committee When Order Altered Membership or Affiliate Status

7.9710 In cases where a Trial Hearing has been conducted, the 1990 Society Executive Committee shall have access to the petition for leave to appeal, the Trial Committee's answer, and the Trial Hearing File. In cases where the Member or Affiliate has admitted the charges and not requested a hearing, the 1990 Society Executive Committee shall have access to the petition, the Chapter Committee's answer, and the Case History File. The Appeal Board, through its Chair, shall present all of the evidence and findings in the case in light of the appeal, and its recommendation to the 1990 Society Executive Committee

7.9720 After consideration, the 1990 Society Executive Committee shall reaffirm, reverse or modify its previous findings and order, or order a new hearing by the chapter in accordance with Regulation 7.7000.

7.9730 Unless a new hearing is ordered, the findings and order of the 1990 Society Executive Committee shall be final.

Publication

7.10AM Notice of censure, expulsion, suspension of designation, revocation of designation, or termination of affiliate status shall be published in the next succeeding issue of the official publication of the Appraisal Institute, following the expiration of all appeals as allowed under this Regulation.

Composition, Powers and Duties of the Ethics and Counseling Committee, Its Divisions, Regional Panels, and Grievance Committees (1991)

Composition, Powers and Duties of the Ethics andCounseling Committee, Its Divisions, Regional Panels, and Grievance Committees

Professional Categories

Composition, Powers and Duties of the Ethics and
Counseling Committee, Its Divisions, Regional Panels, and Grievance Committees