Who determines the complaint?
The complaint is decided by a Disciplinary Board which consists of one attorney and two lay members drawn from the Joint Disciplinary Panel. The Disciplinary Board will invite the complainant and the regulated person or firm to file any facts or evidence in support of their case and upon which they intend to rely. Any submissions by one party will be copied to the other party who may submit a response. Once these submissions are complete both the complainant and the regulated person or firm will be invited (but are not required) to make oral submissions to the Disciplinary Board at a formal hearing.
The Disciplinary Board will issue a written decision. If the complaint is upheld there are a number of sanctions that can be applied. These are set out in the Disciplinary Procedure Rules but range from a warning or reprimand to a fine or being struck off the Register either temporarily or permanently.
The Disciplinary Board cannot make any order of financial compensation to the complainant. It may, upon application and if satisifed that the respondent has been appropriately served with a Schedule of Costs, award costs to IPReg for investigating and bringing the case.
Decisions of the Disciplinary Board may be appealed to an independent Adjudicator appointed by IPReg. Appeals are by way of a review of the evidence and decision, not a re-hearing of the case.