CPCU
Society
Ethics Violation Procedures
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| Ethics
violation procedures from bylaws amended October 22, 2005 |
| Procedure |
1.
Inquiry |
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a.
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Upon written, signed
request, the president shall cause an inquiry to be made for the purpose
of determining whether there is reasonable basis to believe a violation
of this Section has taken place. Requests should be directed to the executive
vice president at the national headquarters.
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b. |
Inquiry
shall be made by a committee appointed by the president. A committee of
inquiry (thereafter the “committee”) shall be comprised of at least three
persons, each of whom shall be a member of the Society. A finding concurred
in by the majority of the committee shall be the finding of the committee.
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c.
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The
committee shall review the written request. If the committee finds that
the written request does not state allegations which, if sustained, would
constitute a violation of this Section, it shall so notify the president
who shall notify the originator of the request. If the committee finds
that the written request does state allegations which, if sustained, would
constitute a violation of this Section, it may make inquiries of the member
whose conduct is the subject of the request, and may make inquiries of
other persons who may have knowledge of pertinent facts and circumstances. |
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d.
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The
committee shall find whether the evidence is sufficitent to support the
allegations in the request, and shall so notify the president who shall
notify the member whose conduct is the subject of the request, and the
originator of the request. |
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e. |
The committee may request guidance and advice from the Board of Directors
or from the Ethics Committee. Such opinions or advice shall be reduced
to writing and appended to the findings of the committee. |
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f. |
Relevant
information gathered by the committee shall be given to any appropriate
conference panel. |
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g. |
Where
the time limits or the place for the conference called for in these procedures
cannot reasonably accommodate the interests of the persons involved or
for other good cause, the conference panel may adopt alternative time
limits and processes to administer these procedures. |
2.
Conference |
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a.
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Within
30 days after receipt of a committee finding that a violation may have
occurred, the president shall appoint a conference panel (hereafter the
“panel”) which shall determine whether the conduct described in the request
constitutes unethical conduct. The panel shall be comprised of three members
of the Society, at least one of whom shall be a member or past member
of the Board of Directors and none of whom shall have served on the committee. |
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b. |
Within
10 working days after appointment, the panel shall send notice of the
purported violation by certified mail, return receipt requested, to the
last known address of the member whose conduct is the subject of the request. |
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c.
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The
notice shall specify the conduct which is the subject of the request and
the specified unethical practice involved and/or that the conduct appears
to constitute unspecified unethical conduct, and shall set a time and
place for a conference which time shall be not less than 30 nor more than
90 days from the date of notice and which place shall be not more than
100 miles from the residence of the member whose conduct is the subject
of the request. |
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d.
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At
the time and place fixed for the conference, the member whose conduct is
the subject of the request shall have an opportunity to be heard, to present
witnesses, to question witnesses, and to present written evidence. |
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e.
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Within
10 working days after conclusion of the conference, the panel shall issue
its finding. The finding of the panel shall be based exclusively on matters
presented at the conference. A finding that the conduct is unethical must
be a unanimous finding of the panel and shall be in writing. |
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f.
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The
panel finding shall be immediately communicated to the president, to the
member whose conduct is the subject of the request, and to the originator
of the request. In the case of a finding of specified unethical conduct,
the panel shall submit its recommendation for action by the Board of Directors
through the president. |
3.
Action |
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a.
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The
president shall immediately review the finding of the panel and, in the
case of a finding of unspecified unethical conduct, shall direct the member
to cease and desist from the unethical conduct. In the case of specified
unethical conduct, the Board of Directors shall consider the gravity of
the offense and shall expel, suspend, censure, or reprimand the member,
and shall direct the member to cease and desist from the unethical conduct.
The action of the Board of Directors shall immediately be communicated to
the member by certified mail, return receipt requested, at his or her residence. |
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b.
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Expulsion,
suspension, or censure of a member shall be reported in the CPCU News.
Reprimand of a member shall not be reported, and shall be communicated
only to the member whose conduct has been found to be unethical. |
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c. |
The
Board of Directors shall have prepared a synopsis of each case, without
names, resulting in disciplinary action, and shall publish these synopses
in CPCU News for the education and guidance of all members. |