Preparing for Hearing

Preparing for the Hearing

1. Familiarize yourself with the hearing procedures that will be followed. In particular you will want to know about, your right to counsel, calling witnesses, and the burdens and standards of proof that apply. Read the "Outline of Procedure" that was included in your package.




2. Complainants have the ultimate responsibility ("burden") of proving what has been alleged is true. The standard of proof that evidence and testimony must be met is "clear, strong and convincing." Consistent with American jurisprudence, respondents are considered innocent unless proven in violation.




3. Consider what evidence you can bring to present to the panel that will be "clear and convincing" and will prove the facts occurred as you have alleged. For examples, you might bring transaction files, contracts, closing statements, phone records, conversation logs, emails, witnesses, time lines, signed statements from parties or other written communications.




4. Be sure that your witnesses and counsel will be available on the day of the hearing. Continuances are a privilege – not a right.




5. Be sure you have all the documents and other evidence you need to present your case.




6. It is your responsibility to bring six copies of all documents and evidence you intend to present at the hearing. Failure to bring copies of the documents you will be presenting as evidence can result in a $50 charge to make copies.




7. Organize your presentation in advance. Know what you are going to say and be prepared to demonstrate what happened and how you believe the Code of Ethics, MLS Rules, or other membership duty was violated.




8. The panel members will have read the complaint and response with all the original attachments prior to the hearing.