September 12th, 2014 at 3:40 pm

Over the past few months, we’ve been advising you about the new rules allowing CAR to publish Code of Ethics Violators.? CAR has modified what is going to be published starting January 1, 2015 as follows:

 

1.? ? ? ? ? ? ? Name and photograph of the member found in violation.

2.? ? ? ? ? ? ? The Article(s) of the Code of Ethics that were violated.

3.? ? ? ? ? ? ? A brief summary of the case involving the violation.

4.? ? ? ? ? ? ? The discipline imposed.

5.? ? ? ? ? ? ? The effective date and duration of the discipline imposed.

6.? ? ? ? ? ? ? The hearing panel’s rationale for the discipline imposed.

 

Unlike earlier versions of this new rule, reporting is not for all violations. Individuals who are disciplined with a letter of warning or only a requirement to take an educational class will not be published.? In addition, the broker of the violator will not be published unless there is a separate allegation against the broker and the broker is found to be in violation.

 

Local associations may start requiring that Respondents in an ethics hearing provide a photograph at the time of responding or allow their picture to be taken at the hearing.? As was the case with the earlier versions of this rule, I expect that there will be privacy challenges to this “picture taking” requirement.

 

We will continue to keep you posted on this topic.

 

As always, if you have any questions, please contact the Legal Department

 

 

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