Each member of the Board of Review will independently evaluate the materials provided by the General Counsel. The members of the Board of Review will then discuss with and arrive at a agreement on what action the FCPAA should take. The Board of Review may, without restriction, conduct such inquiry as it deems necessary on a case-by-case basis in making its determination. Any expenses incurred in the investigation are subject to approval of the Board of Regents.
The Chairperson of the Board of Review will prepare a letter which reports the Board of Review’s recommendation in the case. The letter of recommendation shall include an inclusive statement of the findings of fact and conclusions reached by the Board of Review in the case. The letter of recommendation will be sent to the Board of Regents for action as set forth in Section IV.
If a member of the Board of Review decides that he or she has a conflict of interest in the case, or if there is the manifestation of a conflict of interest, that member shall decline him/herself from the case as soon as feasible. If a member declines him/herself, the Board of Regents may appoint a Temporary Member for the case who otherwise meets the qualifications for service on the Board of Review. If a majority of the members of the Board of Review decline themselves from the case, the Board of Review shall end its deliberation and refer the case directly to the Board of Regents. The Board of Regents may choose to conduct a deliberation on the case pursuant to Section III of these Disciplinary Procedures, or it may choose to appoint Temporary Members of the Board of Review, who otherwise meet the qualifications for service on the Board of Review, to take the place of those members who have declined themselves. If Temporary Members are appointed, the case shall be referred back to the provisional Board of Review for deliberation according to Section III of these Disciplinary Procedures as set forth above.
As further specified in the Bylaws of the Association, the rights and privileges of all Members are subject to requirements and qualifications determined from time-to-time by the Board of Regents, within its exclusive authority and control. All of the Members acknowledge the exclusive authority and control of the Board of Regents as a primary condition of the rights and privileges of membership. All disciplinary actions are within the exclusive authority and discretion of the Board of Regents.
When the Board of Regents obtains the recommendation letter from the Board of Review pursuant to Section III, it will check up the recommendation and decide on the action, if any, to be taken. The practices for such examination, including without limitation review of the original case file and the conduct of further examination, will be at the discretion of the Board of Regents as it may deem suitable on a case-by-case basis. The Board of Regents may order expulsion, suspension for up to two years, probation, public or private reprimand, or any other disciplinary, remedial, or corrective action it deems appropriate. The decision of the Regents shall become effective at the time it is made.
The decision of the Regents is final and non-appealable. Any decision by the Board of Regents will be promptly communicated to the President of the FCPAA to be carried out. The General Counsel will notify the Member and the complainant of the Regents’ decision without undue delay.