Ethics (Disciplinary Procedures)

Question 1

What are the 3 levels of disciplinary action?

Answer 1

1. Action by head of Regulation
2. Disciplinary Panel
3. Appeal Panel

Question 2

What is the first step of disciplinary action?

Answer 2

Formal investigation of Head of Regulation @ RICS

Question 3

What can the Head of Regulation initiate?

Answer 3

1 of 4 disciplinary actions

Question 4

What are those 4 disciplinary actions?

Answer 4

1. Serve a fixed penalty notice
2. make a regulatory compliance order
3. refer matter directly to a disciplinary panel
4. Refer matter to a single member of the regulatory tribunal

Question 5

What is a fixed penalty notice?

Answer 5

Fine or caution issued by RICS if:
1. Rule 2 of RoC is breached
2. Rule 13 of Rules for registration of firms in regards to payment of fees
3. Professional obligations iunder RoC when providing information to RICS

Question 6

What is a regulatory compliance order?

Answer 6

Written document stating terms upon which the firm or member must take in a specified time period, in order to pay a fine

Eg. not undertaking apprpriate CPD for the year

This is for lower level breaches

Question 7

What is action by a disciplinary panel?

Answer 7

Used for more serious breaches

Head of Regulation may call for a hearing under disciplinary rules

Membership of a disciplinary panel includes lay members (not rics members)

Question 8

What penalties are available to a Regulatory Tribunal Disciplinary Panel?

Answer 8

1. issue regulatory compliance
2. reprimand
3. Caution
4. Fine
5. Expulsion from membership

Question 9

What panel includes lay members?

Answer 9

Appeal Panel

Question 10

What can or will the appeal panel do?

Answer 10

Can look over for evidence already presented or any new evidence

They can appeal and vary the penalty imposed