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ABCFP Bylaws - Association of BC Forest Professionals

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Acceptance <strong>of</strong> Settlement Proposals<br />

14.51 If the Registrar and the subject member reach agreement on the terms <strong>of</strong> the settlement<br />

proposal or conditional admission, the Registrar will, within seven (7) business days <strong>of</strong> reaching<br />

such agreement, request that the chair <strong>of</strong> the discipline committee designate a panel to decide<br />

whether to accept the conditional admission or settlement proposal.<br />

14.52 For the purpose <strong>of</strong> Bylaw 14.51 the panel designated to decide settlement proposals or<br />

conditional admissions may be a panel <strong>of</strong> one (1).<br />

14.53 The Registrar will inform the subject member whether the panel accepts the settlement<br />

proposal or conditional admission within five (5) business days <strong>of</strong> receiving the decision <strong>of</strong> the<br />

panel.<br />

14.54 If no agreement can be reached between the Registrar and the subject member, or the<br />

panel does not accept the terms agreed to by the Registrar and the subject member, the matter<br />

will continue in accordance with these procedures.<br />

Settlement Proposal or Conditional Admission May Be Published<br />

14.55 The association may publish the decision <strong>of</strong> the panel struck to consider a settlement<br />

proposal or conditional admission pursuant to Bylaw 14.51.<br />

Settlement Proposal or Conditional Admission Not Pro<strong>of</strong><br />

14.56 If the settlement proposal or conditional admission is not accepted, the fact that a<br />

settlement proposal or conditional admission was made will not be used against the subject<br />

member in a discipline hearing nor may it be disclosed to the panel struck to conduct the<br />

discipline hearing.<br />

Failure to Attend Hearing<br />

14.57 If the subject member fails to attend at the discipline hearing, the panel, on pro<strong>of</strong> <strong>of</strong><br />

posting <strong>of</strong> the citation by registered mail, may proceed with the inquiry in the subject member’s<br />

absence and may make its findings and its decisions without further notice to the subject<br />

member.<br />

Disclosure and Notice<br />

14.58 The rules <strong>of</strong> disclosure imposed under these Complaint Resolution Procedures shall be<br />

the same for any party to a complaint resolution or discipline process under these Complaint<br />

Resolution Procedures and at all stages <strong>of</strong> a complaint resolution or discipline process under<br />

these Complaint Resolution Procedures.<br />

14.59 In addition to the obligations imposed under Bylaw 14.58 above, all parties to a<br />

proceeding before a panel must disclose all documents, records, and things on which they<br />

intend to rely or refer to at the hearing, at least fifteen (15) business days before the date set for<br />

commencement <strong>of</strong> the proceeding.<br />

14.60 If any party to a proceeding before a panel intends to raise any preliminary issues <strong>of</strong><br />

process or procedure, they must, at least five (5) business days before the date set for the<br />

<strong>A<strong>BC</strong>FP</strong> <strong>Bylaws</strong> (September 2012) 41

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