Bylaws - Section 118 - 130
118. Upon the issuance of a citation by the investigation Committee the Discipline Committee must conduct a hearing in accordance with Section 77 of the PGA and these Bylaws. Within 30 days of the issuance of a citation, the Discipline Committee must establish a Panel from its members, one of which must be a lay committee member, to adjudicate the matters outlined in the respective citation by way of an oral hearing or by written submission at the discretion of the respective Panel. This discretion must be exercised reasonably with consideration given to the matters still is dispute, the ability of all parties to personally attend and the likely increase in a potential award of costs that a personal appearance could create. A Respondent, with the consent of the respective Panel, may make their personal appearance by electronic means.
119. BCIA must be the prosecutor at each hearing and each respective Discipline Panel must have access to independent legal counsel.
120. The hearing of the respective citation must commence within 60 days of the panel being appointed unless all parties execute a written consent to an adjournment of the commencement of the hearing.
121. The Respondent and representatives of the BCIA may appear as parties and with legal counsel at a hearing of the respective citation. 122. All hearings of any Panels established by the Discipline Committee must be held in public unless:
(a) the Complainant, the Respondent or a witness requests the respective Panel hold all or any part of a hearing in private and;
(b) the panel is satisfied that holding all or any part of a hearing in private would be appropriate in the circumstances or;
(c) the holding of a hearing in public could result in disclosure of confidential information protected under any then current provincial or federal legislation.
123. At an oral hearing:
(a) the testimony of witnesses must be taken on oath or affirmation which may be administered by any member of the Panel and;
(b) the BCIA and the Respondent have the right to cross-examine witnesses and to call evidence in reply.
124. Evidence is not admissible at a discipline hearing unless, at least 14 days before the respective hearing, the party intending to introduce the evidence provides the other party with:
(a) in the case of documentary evidence, an opportunity to inspect the documentation; 29
(b) in the case of expert testimony, i. the name and qualifications of the expert; ii. a copy of any written report the expert has prepared respecting the matter; and iii. a written summary of the evidence the expert will present at the hearing if the expert did not prepare a written report in respect of the matter;
(c) In the case of testimony of a witness who is not an expert, the name of that witness and an outline of their anticipated evidence.
125. The Panel at a discipline hearing may:
(a) grant an adjournment of a hearing;
(b) receive, accept and consider evidence and information it considers relevant whether or not that evidence or information would be admissible in a court of law;
(c) make any other direction it considers appropriate, including but not limited to the acceptance and consideration of evidence which has not been previously disclosed as required by these Bylaws, if the Panel is satisfied that the legitimate interests of a party will not be unduly prejudiced.
126. If the Respondent does not attend, the Panel may:
(a) proceed with the hearing in the Respondents’ absence upon proof of service of the citation on the Respondent and;
(b) without further notice to the Respondent, take any action that it is authorized to take under the PGA or these Bylaws.
127. All oral discipline hearings must be recorded by the BCIA using a certified reporting service, the cost of which can be recovered as part of a costs order if any is granted by the respective panel. Respondents may make their own recordings of the proceedings but only with the express permission of the respective Panel. Any person may obtain, at their expense, a transcript of any part of the BCIA recording of a hearing unless the hearing or part thereof was held in private or information disclosed at a hearing is prohibited from disclosure by any then current provincial or federal legislation.
128. The Panel must, within 45 days of the conclusion of a hearing in accordance with the relevant sections of the PGA do one or more of the following:
(a) dismiss the citation; (b) determine, supported by written reasons, that the Respondent has committed one or more of the following:
i. Professional misconduct
ii. Conduct unbecoming a Registrant;
iii. Incompetent performance of duties undertaken while engaged in the Registrants regulated practice;
(c) reprimand the Respondent;
(d) require the Respondent to complete a remedial program to the satisfaction of Council or the Audit and Practice Review Committee or a special committee established by Council to determine the competency of the Respondent;
(e) impose conditions on the Respondents’ practice as a Registrant;
(f) in accordance with Section 81(f) of the PGA issue a written order as to costs to be paid by the Respondent, if any, which must not exceed the actual costs incurred by the BCIA, its committees and Panels respecting the matter of the respective complaint which may include the salary paid to employees of BCIA that were engaged in the investigation and hearing. An order for payment of costs must not exceed $50,000 and must be paid within six (6) months from the date of the decision being provided to the Respondent unless the time for payment is extended by the Panel upon application by the Respondent.
(g) assess a financial penalty in excess of the $50,000 costs limitation outlined in this Section as follows:
i. for Respondents who are trainees an amount not to exceed $2,000;
ii. for individual Respondents who are PAgs or TAgs an amount not to exceed $100,000;
iii. for Respondents who are regulated firms an amount not to exceed $250,000; (h) suspend or cancel the Respondents’ registration as a Registrant; (i) take such other remedial action as it considers appropriate.
129. The Registrar must provide written notice of a disposition to the Respondent, the Complainant, and the OSPG within 30 days of receiving notice of the disposition from the Discipline Committee.
130. The Registrar must also provide a copy of the determination to Council within 14 days of the expiration of any appeal periods available to the Respondent pursuant to the Judicial Review Procedure Act [RSBC 1996] Ch. 241 as amended from time to time.