Disciplinary Proceedings Flashcards
What is the RICS complaint procedure?
- Complain > RICS
- Commence investigation?
- Is person liable?
- Punishment?
- 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
Expulsion
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
Can include:
- Fine up to £2,000 per breach
- Pay RICS costs
- The number of consent orders are published on the RICS website each quarter
What are the types of regulatory compliance orders?
Caution
Reprimand
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
Deregistration
Expulsion
When are fixed penalties applicable?
When a member/firm does not provide information requested by the RICS
Can include:
- Annual returns
- CPD records
- Fixed penalties can remain on your record for 10 years
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
Fraud
Conviction
Incompetence (continous)
Discrimination
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
Fine, Caution, named on the RICS website
Referral to Disciplinary Panel
How are disciplinary proceedings triggered?
Complaint
Information received or established
Not adhering to rules
What goes directly to the RICS disciplinary board?
- Upon receipt of a complaint about a member or firm, the head of regulation will make further enquiries as deemed appropriate.
- A fixed penalty may be issued or the individual/firm will be informed that they may be liable for disciplinary proceedings.
• Fixed penalties – fines applied to specific situations e.g. Failure to provide information to the RICS or failure to pay registration fees.
o Paid within 1-28 days =£150 members, £300 firms
o 29-56 days = £250 members, £500 firms
o Over 57 days = disciplinary panel
Disciplinary panel deal with:
• Public hearings conducted by a panel
• For serious breaches of conduct
• Determined by a vote, requiring a simple majority
• Sanctions include caution, unlimited fine and expulsion from RICS
What can trigger RICS disciplinary action?
It can be triggered by:
• A complaint to RICS
• An allegation by a client or third party
• Information received or established by RICS
