As of October 17, 2018: Both the SCR Executive Committee and Board of Directors approved:
1. The legal hotline will (when practical/appropriate) begin to email a follow up to calls/texts/conversations. CC’d in the email will be the BIC. This is to increase professionalism by harnessing the experience, education, and problem-solving of the BIC. There is a brokerage risk management concern that associate licensees sometimes may be calling the legal hotline and not keeping their BIC in the loop on issues. This will help cure this issue.
Also, the email will allow tracking issues statistically so SCR can quantify legal hotline issues. Currently, SCR has a phone system (Dialpad) that calculates the number of calls and minutes but does not have the subject matter of the call.
2. Anonymous processing of complaints from a named complainant for citation offenses.
In other states, the vast number of these issues are advertising Article 12 issues. Like a traffic ticket for a minor ethics issue, the respondent can pay the minor fine and take the minor education hours…or demand a hearing. Just like traffic court, the fine/education allocated at the hearing can be significantly higher plus the $500 administration fee.
Procedure:
The complaint with the complainant’s name withheld by staff goes to the Grievance Committee who screens the complaint for the 180 days statute of limitations, respondent membership, if the complaint’s issue fits into the Code, and other parameters.
Then if not Grievance Committee dismissed, the complaint goes to the Respondent REALTOR® who can agree to the citation and the matter is complete.
If the Respondent REALTOR® wants a full ethics hearing to present evidence, the Complainant can either (1) drop the complaint or (2) drop anonymity and go to the hearing to present evidence.
This is to streamline the process a bit and encourage more people to file complaints. Some people state they would file a complaint if the process was not so time consuming and require travel and personal involvement.
SCR’s strategic plan is to increase professionalism. Increasing ethics compliance and broker involvement are strategies to increase professionalism. Ethics enforcement only occurs when a complaint is filed.
Ways you can increase professionalism: counsel REALTORS® who you believe may be straying from ethics requirements or license law requirements or reasonable standards of real estate practice, have your BIC do the same with the REALTOR® and their BIC, file ethics complaints, file license law complaints, contact the SCR legal hotline 803-772-5206 info, and/or discuss with legal counsel.
No REALTOR® ethics enforcement occurs unless a written complaint is filed.
No LLR license law enforcement occurs unless a written complaint is filed.
In other states that use a similar anonymous process, almost all the complaints using the anonymous process are advertising issues (e.g. Article 12). This is because a photograph of the offending advertising (e.g. signage, Facebook posts, MLS listing, printed advertising, online advertising, email advertising, mailed advertising, magazine advertising, website advertising) can easily be sent with the signed complaint and the advertising can be processed as anonymous evidence.
With other parts of the Code of ethics, the facts reveal the complainant’s identity so there is not really any anonymous processing (e.g. complaint states that you stole my client Jane Smith which violates article 16…you would likely know who is complaining about you working with Jane Smith and you likely asked Jane Smith if she was working with a REALTOR® and you may have exculpatory evidence of Jane Smith telling you that she was not working with another REALTOR® so you would want your hearing to clear your name).
3. There are two other additions to the statewide ethics cooperative program which will rarely be used but are options now. First, SCR will publish on www.screaltors.org the name and photo of serious ethics offenders. This deterrent to violating the code of ethics would only rarely be used with only the most serious ethics offenders. Second, SCR added parties to witnesses as people who can remotely video conference into ethics hearings due to travel issues. Due to security and technology concerns, parties video conferencing into the ethics hearing would require the local board to provide secure space, reliable video technology, staff trained in video technology troubleshooting, and staff qualified to administer professional standards.
Posted by : Byron King on 10/18/18 (This information is only accurate as of 10/18/18. You must contact SCR for updates and changes to this information after 10/18/18 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)