Flashcards in Disciplinary proceedings Deck (13)
What is the RICS complaint procedure?
- Complain > RICS
- Commence investigation?
- Is person liable?
- Disciplinary proceedings;
What could be deemed as an offence to the rules / ethical standards?
- Failure to use a complaints handling procedure
- Conflicts of interest
- Misuse of clients’ money
- Failure to answer correspondence
- Criminal convictions
What are the possible disciplinary proceedings?
Regulatory compliance order - Formal written agreement between RICS and member/firms
Fixed Penalty - Administrative fine issued by the RICS for failure to provide RICS information
Panel Hearing - For serious breaches - Panel of 8 members, 8 lay members and chairperson
What is a regulatory compliance order?
A Regulatory Compliance Order is an agreement between RICS and a Regulated Member that they are liable for disciplinary action
What are the types of regulatory compliance orders?
One or more undertakings as to future conduct
Takes or stops taking certain actions within a specified period of time
Conditions on the membership of RICS
Conditions on registration for regulation
£2000 per breach
What happens before a Regulatory Compliance Order is issued?
Admits that they have fallen short of the standards expected
Agrees to an appropriate sanction
Take steps to meet the standards expected and/or to prevent it happening again
What three actions can be imposed after the end of the investigation stage?
Caution and Fixed Penalty
When are fixed penalties applicable?
When a member/firm does not provide information requested by the RICS
When is a disciplinary panel applicable?
Where the RICS deems this after the investigation stage with sufficient evidence
What sort of breaches would expulsion be suitable for?
Continuous failure to meet rules / standards
Mismanagement of clients money
How are disciplinary breaches published?
Published on the RICS to "name and shame" those people
What happens if CPD is not complete?
Fine, Caution, named on the RICS website
Referral to Disciplinary Panel