Refusal to Submit Pertinent Facts
Article 14, Part 2
When REALTOR® A was charged with a violation of the Code of Ethics, he was notified of the charge and directed to attend a hearing before a panel of the Professional Standards Committee of the Board.
At the hearing, the complainant formally presented the charge and a considerable body of evidence to support it. Members of the panel questioned REALTOR® A on specific points. To each question he responded that he was not guilty of the charge, but that specific answers to the questions put to him could conceivably do him an injustice, and that he felt that he should not be required to answer questions in a situation that was unfair to him.
Further attempts to question REALTOR® A met with similar responses. The Chairperson of the Hearing Panel advised REALTOR® A that, in light of his refusal to answer questions directed to him, the complaint was being amended to include a charge of a violation of Article 14. The Chairperson asked REALTOR® A if he wished to proceed with the hearing, or if he preferred to have the hearing postponed to a later date to provide him with an opportunity to prepare a defense against the additional charge. The Chairperson also reminded REALTOR® A that he was not before a court of law but a Committee of the Board in which his membership was based wholly upon his willingness to abide by it rules, which did not provide for a “Fifth Amendment” refuge from proper questions by members of the Hearing Panel.
REALTOR® A requested a continuance to prepare his defense against the amended complaint that now included an alleged violation of Article 14. The hearing was adjourned to a date certain to enable REALTOR® A to prepare his defense to the additional charge.