Withdrawn or Settled Section 9 In all cases filed for arbitration and afterwards compromised or settled or papers – withdrawn for any reason, by the complainant, or where parties fail or refuse to arbitrate, the Executive Director/Assistant Treasurer shall retain $100.00 of the complainant’s deposit as a fee for filing the case, returning the balance. Where parties fail to arbitrate or refuse to complete the necessary papers for arbitration within a reasonable length of time, the defaulting party shall forfeit all of his deposit and the other party have returned his entire deposit. Penalty for Defendant Failing to Sign Agreement Section 10 In the case the defendant to any complaint fails to sign the agreement to arbitrate within – the specified time, unless for good and sufficient reasons the time may be extended by the Executive Director/Assistant Treasurer, the defendant shall be considered as automatically suspended from membership without any action on the part of any officer or Committee of the Association, and the members shall be so notified. The offending member shall stand suspended until contrary action shall be taken by the Board of Directors. Penalty for Either Party Failing to Answer In the case either party fails to answer with pleadings or evidence within the specified Section 11 – time, the agreement having been signed by both parties, the Arbitration Committee may act as in cases of default. Service and Notification Section 12 Proper service shall be construed to have been made on having mailed to the last known – address by registered letter notice of the same. Acceptance of service must be by the same process except at the risk of the sender it may be mailed without registry to the Executive Director/Assistant Treasurer. Oral Hearings Section 13 By consent of both parties to the case, and of the Arbitration Committee whose – investigation the case would come, there may be a hearing and the case presented orally, the parties to the case paying any additional expense incurred, the amount to be determined by the Committee. Expenses of Arbitration Committee Section 14 The members of the Arbitration Committee shall receive for their services $50.00 per – diem for the time used in considering and deciding cases submitted to them as a Committee, as well as the amount of their actual traveling expenses and hotel bills. If the said Committee holds a session during the time and place of Association’s annual meeting, members shall not be entitled to the compensation provided for in this rule.
Withdrawn or Settled Section 9 – In all cases filed for arbitration and afterwards compromised or settled or papers withdrawn for any reason, by the complainant, or where parties fail or refuse to arbitrate, the Executive Director/Assistant Treasurer shall retain $100.00 of the complainant’s deposit as a fee for filing the case, returning the balance. Where parties fail to arbitrate or refuse to complete the necessary papers for arbitration within a reasonable length of time, the defaulting party shall forfeit all of his deposit and the other party have returned his entire deposit. Penalty for Defendant Failing to Sign Agreement Section 10 – In the case the defendant to any complaint fails to sign the agreement to arbitrate within the specified time, unless for good and sufficient reasons the time may be extended by the Executive Director/Assistant Treasurer, the defendant shall be considered as automatically suspended from membership without any action on the part of any officer or Committee of the Association, and the members shall be so notified. The offending member shall stand suspended until contrary action shall be taken by the Board of Directors. Penalty for Either Party Failing to Answer Section 11 – In the case either party fails to answer with pleadings or evidence within the specified time, the agreement having been signed by both parties, the Arbitration Committee may act as in cases of default. Service and Notification Section 12 – Proper service shall be construed to have been made on having mailed to the last known address by registered letter notice of the same. Acceptance of service must be by the same process except at the risk of the sender it may be mailed without registry to the Executive Director/Assistant Treasurer. Oral Hearings Section 13 – By consent of both parties to the case, and of the Arbitration Committee whose investigation the case would come, there may be a hearing and the case presented orally, the parties to the case paying any additional expense incurred, the amount to be determined by the Committee. Expenses of Arbitration Committee Section 14 – The members of the Arbitration Committee shall receive for their services $50.00 per diem for the time used in considering and deciding cases submitted to them as a Committee, as well as the amount of their actual traveling expenses and hotel bills. If the said Committee holds a session during the time and place of Association’s annual meeting, members shall not be entitled to the compensation provided for in this rule.
Amended%20and%20Restated%20Constitution%20and%20Bylaws%20-%20Composite%20Final.docx