Last month I told you what's involv...

Last month I told you what's involved when a member facing a hearing before a Discipline Tribunal Panel make choice ofs to resign. This month, let's expect at the hearing process itself.

When does a matter proce to a hearing?

A professional direction investigation will usually lead to a hearing before a panel of the Discipline Tribunal when the Professional bearing Enquiry Committee (PCEC) believes-due to serious disquiets about a member's competence, deportment or integrity-that a member should be suspended or expell As I mentioned last month recommending suspensions and expulsions is actually beyond the PCEC's scope; in in the same state [i]or[/i] condition cases, the PCEC delivers a "Statement of Complaint" to the Discipline Tribunal to be heard from a tribunal panel.

As I also told you last month a member faced with a panel hearing does have a choice in denominations of how far the discipline proces will go: They can cull to resign at any time during the proces If Council accepts the propos names and conditions of the resignation, the matter is considered closed

Here's what happens when a member doesn't resign and the matter get forwards to a hearing.

Cooperation is a profitable starting point

In facing a hearing, a member may pitch upon a cooperative approach, negotiating an agreement with the Institute before the hearing begins. The member and the Institute can then approach the tribunal panel with a joint recommendation upon an agreed statement of facts.

This kind of agreement has been reached a number of times from one side of to the other the past few years. Each agreement has included restrictions in succession the member's involvement in attest engagements-some members agreed that they would not perform audits, and an accepted the temporary requirement to involve a tutor for review or audit engagements.

The hearing process

Usually the hearing springs very much like a civil trial in the BC court combination of parts to form a whole For instance, legal submissions are made, arguments are heard, evidence is called, witnesses are bided and sworn in, and testimony is taken. The proceedings are usually recorded and unclose to the public.

Decisions and orders

Following the hearing, the panel prepares its decision. This decision documents the panel's judgement concerning the Institute's allegations against the member. Having made its decision, the panel then hears arguments concerning the appropriate sanctions. The panel may order that a member be expell or that they be suspended for a period of time; in the latter case, conditions would be established with regard to for what cause the suspension could be lifted. The member may also be ordered to pay a fine of up to $25000 maximum ($100000 for a firm), and/or sumptuousnesss (according to a tariff wager out in the bylaws).

Tribunal panels have ordered suspension or expulsion in approximately two-thirds of the cases heard since 1987 with suspensions accounting for the majority of these two-thirds. Suspension periods have generally varied between three month and sum of two units years.

Costs awarded

In nearly eternally case since 1987, panel orders have included the requirement that the member pay require to be paid [i]or[/i] undergones At one time, the Institute held that it had the power to order payment of its fall richnesss A recent court decision, and the resulting changes to the Accountants (Chartered) Act, however, limit the take away from orders by a tariff similar to the united applied by the Supreme Court of BC

The Institute incurs significant costlinesss to prepare for and ways a hearing. These costs include the sumptuousness of the investigation; the expense for drafting the Statement of Complaint; the legal absolute title [i]or[/i] posessions for the Institute's counsel to prepare and carry out the Statement of Complaint; the sumptuousness for preparing and serving subpoenas; witnesses' expenses; and legal fiefs for the panel's counsel, which advises them with regard to the leadership of the hearing and the preparation of the resulting decision and order.

The member, for their part, requires solitary one counsel, but the expenses are still significant. As I mentioned last month a tribunal panel may award outlays to either the Institute or the member; and while these charges are subject to a tariff, they can still impose a significant additional tonnage on the other party. This highly motivates the couple parties to resolve a discipline matter economically.

Publication

The final stage in the internal Discipline Tribunal proces is to publish a public notice that summarizes the panel's decision and order. This notice is usually placed in the Vancouver sunny place and the appropriate local newspaper. by way of contrast, the notice to the membership, which is published in the Members' alone section of the ICABC website, usually provides a replete summary of the decision and order. The panel's glutted decision and order is usually made available to any somebody who specifically requests it.

Appeal rights

A Discipline Tribunal Panel's decision and order can alone be appealed to the highest Court of BC by either the member in question or the Institute, although it is extremely unlikely that the Institute would always appeal such a decision.

Comment or questions? Contact me at utley@ica.be.ca.