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Procedure for Enforcement of NTREIS Policies by MLS Providers

 
  1. An MLS Provider that has concerns about another MLS Provider's enforcement of policies may submit a written report to the NTREIS CEO setting forth the circumstances and evidence to support the allegation of non-enforcement.
  2. The president will appoint a representative hearing panel of three disinterested NTREIS Directors who are not members of any MLS Provider involved in the matter.
  3. The CEO will notify the Association Executives of each MLS Provider involved of the appointment of a hearing panel. Each MLS Provider may object for good cause to any one or more of the hearing panel members by written notice within 10 days after receipt of the notice of appointment. If the President deems the objection valid or appropriate, the President will appoint a disinterested NTREIS Director as a substitute hearing panel member.
  4. The hearing panel will schedule a joint meeting with members of the Executive Committee and the Association Executive of each MLS Provider involved to discuss and attempt to resolve the matter.
  5. The hearing panel will submit a written report to the CEO.

(A) If the MLS Providers involved agree that no violation of policy occurred, the matter will be concluded without further action.

(B) If the hearing panel, by majority vote, determined that a possible violation of policies has occurred, then in that event,

(1) If there is an agreement reached by the MLS Providers involved, a time limit will be set by the hearing panel for the corrections to be made. Failure to make the corrections within the agreed upon time limit will be treated in the same manner as if no agreement has been made.

(2) If an agreement is not reached by the MLS Providers involved, then the matter will be set for hearing before the full NTREIS Board of Directors, excluding any Directors representing any MLS Provider involved, under the following procedures:

(a) The CEO will schedule a hearing and notify each MLS Provider involved at least 20 days prior to the date and time fixed for the hearing.

(b) Each MLS Provider involved may have its duly authorized representative, legal counsel, if so desired, and all evidence and documentation supporting such MLS Provider's position ready to submit to the NTREIS Directors.

(c) The sole matter to be presented will be a hearing of the allegations.

(d) Evidence may be presented by each complainant MLS Provider.

(e) Evidence may be presented by each respondent MLS Provider.

(f) Questions may be asked by the NTREIS Directors to any MLS Provider involved.

(g) NTREIS Directors will deliberate in executive session for discussion and determination as what actions and sanctions, if any are to be invoked.

(h) Monetary sanctions, if any will be billed to the MLS Provider failing to enforce policies and payment will be required for continued services from NTREIS.

(i) The decision of the NTREIS Directors will be final. No further appeal or request for review will be permitted.

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