Disciplinary procedures

Question 1

3 levels of disciplinary action are…

Answer 1

1. Action by Head of Regulation of the RICS
2. Disciplinary Panel
3. Appeal Panel

Question 2

What FOUR actions can the Head of Regulation of the RICS impose?

Answer 2

1. Fixed Penalty notice
2. Compliance Order
3. Regulatory Tribunal
4. Refer to disciplinary panel

Question 3

What is a Compliance Order?

Answer 3

Written document which states the actions which the member or firm must take or desist from taking for a specified period of time.

Used for minor breaches which can be easily corrected

Question 4

Who forms the Disciplinary and Appeal Panels?

Answer 4

50% are lay members (non RICS members)

Question 5

What does the Appeal Panel do in disciplinary proceeding?

Answer 5

• Consider a member’s or firm’s appeal to the outcome of a disciplinary procedure
• Will review the evidence previously presented and any new representations
• Can allow the appeal and vary the penalty previously imposed

Question 6

What is a regulatory compliance order?

Answer 6

Written doc saying member must take or stop taking certain actions in a specified time period and an agreement to pay a fine

Question 7

Talk me through RICS disciplinary procedures

Answer 7

• RICS self-regulates its members.
• Rules of Conduct state not every shortcoming will necessarily result in disciplinary proceedings.
• However failure to follow any RICS guidance will be considered when examining behaviour of firm.
• Can be triggered by someone complaining to RICS or because of info received / established by RICS.

Question 8

What are the most common firm breaches?