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, hams • , • . • • 1. Informal Advice and Formal Advi- If the Executive Director issues a corn- sory Rulings: Any person may seek 3 plaint against a member,the latter shall informal advice on ethics from the - F :'. . have thirty days from receipt of the corn- . Executive Director of the AICP or - , ?; plaint to respond. In the absence of ex- from the Chair of a Chapter Profes- EIIIKS AND traordinary circumstances which, in sional Development Committee. the opinion of the Ethics Committee, Such advice shall not be binding , . warrant a special exception, the failure upon the AICP. .........._ __....:... of a respondent to deny any fact alleged in the complaint within the thirty day Any person may file a written re- quest with the Executive Director period will be deemed an admission of of the AICP for a formal advisory CONtlar such fact. ruling on the propriety of any pro- If the response to the complaint reveals fessional planner conduct. The re- • any disputed material fact, the respon- quest should contain sufficient facts, real or • dent shall be granted a hearing before the Ethics hypothetical, to permit a definitive opinion. If ap- . Committee of the AICP or before any member or propriate, the Executive Director shall then prepare • members of the Ethics Committee designated by and furnish a written formal advisory ruling to the • the Committee's Chair to conduct the hearing. inquiring party. This ruling may be published if .• The hearing shall proceed without application of endorsed by the AICP Ethics Committee as corn- • formal rules of evidence;however,the substantive mentary on the Code and a guide to its application. • rights of the respondent shall at all times be protected. Published rulings, however, shall not include any • If a hearing is held,those conducting it shall promptly actual names and places without the written con- issue findings of fact which shall be transmitted to sent of all persons to be named. A ruling may be the full Committee,the respondent and the charging relied upon by the person who requested it whether . or not published. party. If no material fact was in dispute and no ▪ hearing held, the Ethics Committee need not issue 2. Charges Alleging Misconduct by an AICP Member: . findings of fact. Any person may file in writing with the Executive • III Director of the AICP a charge of misconduct against • On the basis of the findings of fact and admissions, an AICP member. The charge shall state the facts • the Ethics Committee shall determine whether the upon which it is based. The Executive Director shall • Code has been violated and issue an opinion. A furnish a copy of the charge to the respondent member. • copy of the opinion shall be transmitted to the • respondent, the charging party and the Commis- The Executive Director shall determine whether the . sion.The Ethics Committee may concurrently sub- charge warrants an investigation. mit a recommendation to the Commission that the The Executive Director with or without an investi- , respondent be expelled, suspended, publicly cen- gation may dismiss the charge or issue a complaint . sured, or privately reprimanded. The respondent against the respondent. In either event,notice shall • shall be given no less than thirty days' notice to be sent to the charging party and to the respondent • respond, in person and/or in writing before it is advising of the determination and of the charging . voted on by the Commission, which vote shall be party's right to appeal the dismissal of the charge. . within one year of the issuance of the complaint. offi- The Executive Director's decision to dismiss a charge •Disciplinary action against a member and the may be appealed by the charging party within thirty . cial publication of an expulsion, suspension or Public censure shall require the affirmative vote of days of receipt of written notification.The Executive Director shall promptly forward copies of the appeal • two-thirds of the Commission. to the members of the AICP Ethics Committee. The • The Executive Director shall publish all written Ethics Committee may remand the charge to the , opinions endorsed by the Commission or by the Executive Director for further investigation and/or • Ethics Committee,but shall omit actual names and reconsideration, or the Committee may reverse the • places unless authorized by an affirmative vote of Executive Director's decision if it is contrary to the • two-thirds of the Commission or in writing by the provisions of the Code or to prior Committee opinions. • respondent. 41/ 5