Disciplinary Proceedings

Question 1

What is the RICS complaint procedure?

Answer 1

Complain > RICS
Commence investigation?
Is person liable?
Punishment?
Disciplinary proceedings;

Question 2

What could be deemed as an offence to the rules / ethical standards?

Answer 2

Failure to use a complaints handling procedure
Conflicts of interest
Misuse of clients’ money
Failure to answer correspondence
Criminal convictions

Question 3

What are the possible disciplinary proceedings?

Answer 3

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

Question 4

What is a regulatory compliance order?

Answer 4

A Regulatory Compliance Order is an agreement between RICS and a Regulated Member that they are liable for disciplinary action

Question 5

What are the types of regulatory compliance orders?

Answer 5

• Caution
• Reprimand
• A requirement that the Regulated Member gives one or more undertakings as to future conduct
• A requirement that the Regulated Member takes or stops taking certain actions within a specified period of time
• Conditions on the Regulated member’s continued membership of RICS
• Conditions on a Regulated Members registration for regulation
• A requirement that the Regulated Member pays a fine of up to £2000 per breach

Question 6

What happens before a Regulatory Compliance Order is issued?

Answer 6

Member/firm in question 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

Question 7

What three actions can be imposed after the end of the investigation stage?

Answer 7

Caution and Fixed Penalty
Deregistration
Expulsion

Question 8

When are fixed penalties applicable?

Answer 8

1) When a member/firm does not provide information requested by the RICS
2) When a member does not complete CPD

Question 9

When is a disciplinary panel applicable?

Answer 9

Where the RICS deems this after the investigation stage with sufficient evidence

Question 10

What sort of breaches would expulsion be suitable for?

Answer 10

Continuous failure to meet rules / standards
Fraud
Conviction
Incompetence (continous)
Discrimination
Mismanagement of clients money

Question 11

How are disciplinary breaches published?

Answer 11

Published on the RICS website to “name and shame” those people

Question 12

What happens if CPD is not complete?

Answer 12

Fine
Fine, Caution, named on the RICS website
Referral to Disciplinary Panel

Question 13

How are disciplinary proceedings triggered?

Answer 13

Complaint
Information received or established
Not adhering to rules of conduct