at the least, permit the Respondent(s) to submit either: (i) a written statement to the Board at least five (5) days before the Board meeting, or (ii) an oral statement at the meeting, limited to five (5) minutes. The Board, in its sole discretion, may approve or reject the Grievance Committee’s finding of misconduct or violation of ARCCA’s Governing Documents, and may approve, reject in whole or in part, or alter by addition or subtraction the sanction(s) recommended by the Grievance Committee. ARCCA’s Administrative Office shall give the Complainant(s) (excluding citations addressed by the Citation Panel), and the Respondent(s) written notice of the decision of the Board on the Grievance. If the Board’s decision imposes a fine or suspension of all or any portion of Membership privileges, the notice shall include the date of the hearing before the Hearing Committee to consider the decision of the Board as to such fine or suspension. The notice of the hearing date shall be provided at least fourteen (14) days in advance of the hearing. Any portion of the Board’s decision which does not impose a fine or a suspension of Membership privileges is final when rendered. Appeal to the Hearing Committee The Hearing Committee shall conduct a hearing on the issue of whether such fine, suspension or other sanction shall be imposed, without regard to whether the Respondent(s) contests such fine, suspension or other sanction, or waives the right to a hearing. However, if the Respondent consents in writing to the fine and/or suspension, the Hearing Committee may preclude any other consideration of the matter at the hearing. ARCCA’s Administrative Office shall provide the Respondent(s) with written notice of the Hearing Committee’s hearing not less than fourteen (14) days in advance of the hearing, stating the place, date and time of the hearing. Such hearing shall be conducted within ninety (90) days of the date the Respondent receives written notice of the Board’s decision, or within such other time period as may be required under Florida Statutes, Section 720.305, as amended from time to time. The hearing shall be conducted in the manner set forth above. The Hearing Committee may receive in whole or in part the record and evidence developed at the Grievance Committee hearing and the record and evidence received by the Board in its consideration of the Grievance. The Respondent shall have an opportunity to submit evidence, both orally and in writing, and to call witnesses, subject to the same restrictions as to employees as provided for Grievance Committee hearings. The Hearing Committee shall establish deadlines for all submissions in advance of the hearing. Within seven (7) days after the completion of the hearing, or within such other time period as may be required under Florida Statutes, Section 720.305, as amended from time to time, the Hearing Committee shall render its decision, which can only confirm or reject the fine or suspension of some or all Membership privileges levied by the Board. If the Hearing Committee confirms the fine and/or suspension of Membership privileges levied by the Board, the decision of the Board becomes final. ARCCA’s Administrative Office shall promptly provide the Complainant(s) and Respondent(s) written notice of the decision of the Hearing Committee. The notice shall state, if applicable, when a fine is to be paid, which must be paid (if not already paid) within thirty (30) days after delivery of the written notice of the fine or within such other time period as may be required under Florida Statutes, Section 720.305, as amended from time to time, and if a suspension of Membership privileges is imposed, state the nature and effective dates of any such suspension. The applicable fine may appear on the Respondent’s ARCCA Member Account after final imposition and shall be paid in accordance with ARCCA’s payment policies. Where it applies, the notice shall state that the failure to pay a fine or to comply with the suspension may result in a new grievance.
8
Made with FlippingBook - PDF hosting