Category Archives: Discipline

Disciplining a former member when the enabling act only refers to members

Today, most self-regulating profession legislation expressly provide that former members can be disciplined for alleged misconduct which occurred while they were a member.  Nonetheless, some remaining enabling statutes do not expressly address this issue, creating the problem of how these…

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Addressing complainant misuse of documents

Over the last few weeks we have explored the balancing act regulators may engage in when weighing what disclosure should be made to complainants. We first examined the general rules of disclosure and the requirements of procedural fairness (click here).…

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Costs awards and reasonableness in disciplinary hearings

Regardless of the specific language in a profession’s governing statute or the governing body’s bylaws on costs for discipline hearings, costs need to be reasonable. This concern arises not only from the fact that any conduct by a statutory body…

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