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Statement

Posted by MFRMLS Fri, 26 May 2006 17:59:00 GMT

 

      

Any matter not specifically addressed in these Rules and Regulations shall be governed by the policies and procedures set forth by the National Association of REALTORS® as from time to time amended as well as the Policies and Procedures established by MFRMLS.

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Article 11.1: Authority To Impose Discipline

Posted by sfairley Tue, 26 Aug 2014 01:32:00 GMT


ARTICLE 11 – COMPLIANCE WITH RULES


Section 1. Authority to Impose Discipline. By becoming and remaining a participant or subscriber in this MLS, each participant and subscriber agrees to be subject to the rules and regulations and any other MLS governance provision. The MLS may, through the administrative and hearing procedures established in these rules, impose discipline for violations of the rules and other MLS governance provisions. Discipline that may be imposed may only consist of one or more of the following:


A.  
Letter of warning

B.  
Letter of reprimand

C.  
Attendance at MLS orientation or other appropriate courses or seminars which the participant or subscriber can reasonably attend taking into consideration cost, location, and duration

D.  
Appropriate, reasonable fine not to exceed $15,000

E.   
Probation for a stated period of time not less than thirty (30) days nor more than one (1) year

F.   
Suspension of MLS rights, privileges, and services for not less than thirty (30) days nor more than one (1) year

G.   Termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed three (3) years.

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Article 11.2: Action for Non-Compliance with Rules

Posted by MFRMLS Tue, 06 Jun 2006 00:47:00 GMT


ARTICLE 11 – COMPLIANCE WITH RULES


Section 2: Action for Non-Compliance with Rules. In addition to those noted above, the following action may be taken for failure to pay any service charge or fee:

A.   For failure to pay any service charge or fee within one (1) month of the date due, and provided that at least ten (10) days’ notice has been given, the service shall be suspended until service charges or fees are paid in full

B.  
For failure to comply with any other rule, the provisions in Section 4 of this Article shall apply.

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Article 11.3: Applicability of Rules to Users and/or Subscribers

Posted by MFRMLS Tue, 06 Jun 2006 00:49:00 GMT


ARTICLE 11 – COMPLIANCE WITH RULES


Section 3. Applicability of Rules to Participants and/or Subscribers
. Non-principal brokers, sales licensees, appraisers, and others authorized to have access to information published by the MLS are subject to these rules and regulations and may be disciplined for violations thereof provided that the user or subscriber has signed an agreement acknowledging that access to and use of MLS information is contingent on compliance with the rules and regulations. Further, failure of any user or subscriber to abide by the rules and/or any sanction imposed for violations thereof can subject the participant to the same or other discipline. This provision does not eliminate the participant’s ultimate responsibility and accountability for all subscribers or subscribers affiliated with the participant. (Adopted 4/1992)

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Article 11.4: Penalties for Inaccurate or Incomplete Data

Posted by MFRMLS Tue, 06 Jun 2006 00:55:00 GMT


Section 4: Penalties for Inaccurate or Incomplete Data.  The intent of these Rules and Regulations is to ensure Participants/Subscribers provide the buying and selling public the best possible information and to facilitate cooperation between Participants/Subscribers. The listing office will be notified in writing or by electronic means if there is a violation of the Rules and Regulations. 

 

  1. Courtesy Warning Notice: The Service will automatically issue a courtesy warning notification prior to any fine being issued, except for any violation resulting in an automatic fine as defined in these Rules and Regulations.  If the violation is corrected within the grace period of three business days (excluding weekends and holidays) unless noted otherwise, there will be no fine assessed; if the violation has not been corrected within the grace period specified after notification, the Participant or Subscriber shall automatically be assessed a fine. Repeated or deliberate violation of the same rule by the same subscriber will immediately be subject to the progressive fine schedule with no further notice.

 

  1. General Fine Schedule: The following progressive fine schedule has been established by the Board of Directors and applies to the Progressive Fines.

                      i.        1st offense within two year period:  $50

                    ii.        2nd offense within two year period:  $100

                   iii.        3rd offense within two year period:  $250 

                   iv.        4th offense within two year period:  $500 and will also require a disciplinary hearing before a Board hearing panel.

                    v.        Further Offenses within a two year period - Hearing With Up to $15,000 Penalty


C.   Automatic Fines Schedule: For violations that are more serious in nature the following fines categories have been established by the Board of Directors:

                      i.        Level I

a.    1st Offense, within a two year period - $100

b.    2nd Offense, within a two year period - $200

c.     3rd Offense, within a two year period - $500

d.    4th Offense, within a two year period - $1000 and will also require a disciplinary hearing before a Board hearing panel.

e.    Further Offenses, within a two year period - Hearing With Up to $15,000 Penalty

                    ii.        Level II:

a.    1st Offense, within a two year period - $500

b.    2nd Offense, within a two year period - $1,000

c.     3rd Offense, within a two year period - $5,000

d.    Further Offenses, within a two year period - Hearing With Up to $15,000 Penalty

                   iii.        Severe

a.    1st Offense, within a two year period - $2,500

b.    2nd Offense, within a two year period -$5,000

c.     Further Offenses, within a two year period – Hearing With Up to $15,000 Penalty

 

 

  1. Progressive Fines: The progressive fine schedule is per-agent per-offense and any Rule violation is counted as an offense. The term “within a two-year period” is defined as occurring within any two consecutive MFRMLS fiscal years (July 1-June 30). Fines are billed to the Agent, the Participant is ultimately responsible. Failure to correct listing after a fine has been issued.  The following non-compliance fees will be assessed after a fine has been issued but the listing is not corrected:

 

                      i.        $25 if listing not corrected at the end of 7 business days after the fine was issued.

                    ii.        Additional $25 if listing is not corrected after 14 business days after the fine was issued.

                   iii.        Additional $25 if listing is not corrected after 21 business days after the fine was issued.

                   iv.        Additional $25 if listing is not corrected after 28 business days after the fine was issued.

                    v.        Failure to correct the listing and pay fines within 30 days after the original fine was issued will result in suspension of the individual Participant/Subscriber until all fines are brought current and listing is corrected.

                   vi.        Any reactivation fees will also apply if the individual Participant/Subscriber has been suspended.


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