Possible Sanctions

What are Practice Sanctions and Conduct Sanctions?
Practice and Conduct Sanctions address different types of breaches of Professional Practice.

Practice Sanctions address straightforward breaches of Appraisal Standards or Administrative Regulations.

Conduct Sanctions are reserved for more serious breaches of Appraisal Standards, breaches of Ethical Standards, non-cooperation with an investigation, and/or repeat breaches.

The table below outlines Practice and Conduct Sanctions and gives examples of breaches that would result in Sanction:

Practice Sanctions
 Breach Sanction Time Limits
 (1) Administrative
Examples:
Invalid Insurance
Not properly registered in co-signor registry
Not properly registered in fee/non fee category
(2) Technical Appraisal related Errors
(3) Ethical Violation of Rules 4.2.6, 4.2.7, 4.2.9 and 4.2.10 and associated Comments
(i) Fine
(ii) Education,
(iii) Peer Review,
(iv) Reprimand,
(v) Provide advice,
(vi) Direct Member to take action,
(vii) Recommend mediation
 (i) 30 days to pay fines
(ii) 6 months to complete peer review and education
Conduct Sanctions
Breach Sanction Time Limits
 (1) Gross Incompetence
(2) Multiple complaints
(3) Serious violations
(4) Ethical violation
(5) Non-Cooperation pursuant to Section 20
(6) Improper submission of a Complaint
Any Sanction referred to in Practice Sanctions, and in addition, any one or more of the following:
(i) Censure
(ii) Suspension
(iii) Expulsion
 (i) Immediate imposition


Publication

Publication will take the form of a case summary of the complaint investigation and the decision. It will be published on the AIC website for a period of twelve (12) months.

In exceptional circumstances, where the public interest is at stake, the case summary will be published in a local newspaper.

Practice Sanctions will not be published. A case summary wherein all reference to the member is removed will be put on the website as an educational tool.

Conduct Sanctions will be published and the member will be named in the case summary.

Costs
In the case of a Practice Sanction, costs of $500 will be ordered.

In the case of a Conduct Sanction, costs of the investigation, administration and adjudication of the complaint will be ordered. If there is a subsequent newspaper publication, the member will be ordered to pay this cost as well.

The Member and the Professional Practice Advocate may make submissions regarding costs at the conclusion of a Hearing.

Costs are due within thirty (30) days of the date of the decision.

Abeyance
Abeyance occurs when the complaint file is deferred or suspended. A complaint file may be deferred or suspended if there is pending litigation in respect of the member.
The member must formally request abeyance and undertake to submit two recent appraisal reports for peer review at his/her own expense.

The resignation or retirement of a member will not result in an abeyance of the complaint file. In these cases, the administration of the complaint file will continue to a final decision in case the member later re-instates.

Where a member has retired, the compliance of a Practice Sanction and any order to pay costs shall be deferred until and if the member re-instates.

Last updated January 30, 2009



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