101Procedure for minor misconduct

101 Procedure for minor misconduct

(1)  If the Board decides the conduct complained about only amounts to minor misconduct that can adequately be dealt with by the Board, it may, by written notice sent to the property agent, require the agent to provide the Board with a written explanation of the conduct before a date specified in the notice, being a date at least 14 days after the notice is sent.

(2)  If the conduct could possibly relate to the physical or mental capacity of the property agent, the Board may, by written notice sent to the property agent, require the agent to undergo a medical examination before a date specified in the notice, being a date at least 28 days after the notice is sent.

(3)  A notice under subsection (1) or (2) is to –

(a) specify the conduct complained about; and

(b) inform the property agent that, instead of complying with the notice, the agent may request the Board to refer the complaint to the Tribunal for determination.

(4)  If the property agent complies with the requirement of a notice mentioned in subsection (1) or (2) , the Board is to determine if the complaint has been substantiated.

(5)  If the Board decides that there is insufficient evidence to substantiate the complaint, the Board must dismiss the complaint and advise the property agent and complainant of the decision.

(6)  However, if the Board is satisfied that the evidence substantiates the complaint, it may do either or both of the following:

(a) caution or reprimand the property agent;

(b) accept an undertaking from the agent to take or refrain from taking action specified by the Board.

(7)  The Board must refer a complaint to the Tribunal if –

(a) at any time the property agent requests that it be referred to the Tribunal; or

(b) the property agent fails to comply with a notice mentioned in subsection (1) or (2) ; or