Common use of Consideration of Disciplinary Action Clause in Contracts

Consideration of Disciplinary Action. A. A disciplinary proceeding shall commence upon the issuance of a recommendation to discipline a member of one or more of the Party organizations (the “Subject Actuary”) from the Actuarial Board for Counseling and Discipline, or other appropriate body with authority under a cross-border agreement to investigate and make findings with respect to the conduct of such member (“Referring Body”). Pursuant to this Agreement, such recommendations shall be referred by the relevant Party organizations to the Council. Upon receipt of such a disciplinary recommendation, the Council shall appoint a Disciplinary Panel, including a chairperson, to consider and act upon the recommendation. The Disciplinary Panel shall consist of at least 5 persons, and shall be selected from the Pool pursuant to procedures established by the Council. B. The composition of the Disciplinary Panel selected to consider and act upon a disciplinary recommendation shall meet the following requirements: 1. At least one Disciplinary Panel member shall be appointed by the Council representatives for each of the Party organizations of which the Subject Actuary is a member. 2. The Disciplinary Panel shall have majority members in each of the Party organizations of which the Subject Actuary is a member, unless the Council, in its sole discretion, determines that compliance with this requirement is not feasible. In the event the Council determines compliance with this requirement is not feasible, and such noncompliance is inconsistent with the bylaws of a Party organization of which the Subject Actuary is a member, the case shall be referred back to such organization to consider and act upon the disciplinary recommendation pursuant to its own disciplinary procedures, and the case shall proceed pursuant to this Agreement with respect to the other Party organizations of which the Subject Actuary is a member. 3. Each Disciplinary Panel member shall be a member of at least one of the Party organizations of which the Subject Actuary is a member. C. The Subject Actuary shall have the right to object to the participation of any member of the Disciplinary Panel, pursuant to procedures established by the Council. The Council in its sole discretion may replace one or more members of the Panel in response to such an objection. D. The Disciplinary Panel shall hold a hearing to consider the matter unless both the Subject Actuary and the Disciplinary Panel agree that it need not be held. The Subject Actuary shall have the right to appear personally and with counsel (at the Subject Actuary’s expense) at such hearing to explain the member’s position concerning the recommendation of the Referring Body. The role of the Subject Actuary’s counsel shall be limited to advising the Subject Actuary and articulating appropriate legal objections; the role of the Disciplinary Panel’s counsel shall be similarly limited. E. If an investigator was appointed by the Referring Body to assist in reviewing the matter at issue, such investigator may be requested by the Disciplinary Panel Chairperson to appear and present a report at the Disciplinary Panel hearing. F. The Disciplinary Panel may dismiss the matter or take disciplinary action. Disciplinary action may include a private reprimand, public reprimand, suspension of membership, or expulsion. The Disciplinary Panel may also refer the matter to the Actuarial Board for Counseling and Discipline or other appropriate Referring Body to counsel the Subject Actuary, whether or not the Disciplinary Panel decides to impose discipline. Counseling shall not constitute discipline. G. Disciplinary action requires an affirmative vote of a supermajority of the entire membership of the Disciplinary Panel. For purposes of this Agreement, a “supermajority” shall be defined as all or all but one of the entire membership of the Disciplinary Panel. A decision to refer the Subject Actuary for counseling requires a simple majority vote of the entire membership of the Disciplinary Panel. H. A decision by the Disciplinary Panel to privately reprimand, publicly reprimand, or suspend a Subject Actuary for a period up to and including 2 years shall be effective 45 days after the date of the action, if the Subject Actuary does not appeal the decision. If the Subject Actuary appeals the decision, the action shall be effective as set forth in Section 4. A dismissal shall be effective when the decision is rendered. I. A decision by the Disciplinary Panel to suspend a Subject Actuary for more than two years or expel the Subject Actuary shall be referred to the Party organization(s) of which the Subject Actuary is a member for a final disciplinary decision, if the Subject Actuary does not appeal the Disciplinary Panel’s action. The Party organization(s) may affirm the decision of the Disciplinary Panel, or reduce the discipline to no less than a suspension of two years, with such action being effective on the date of the Party organization’s decision. If the Subject Actuary appeals the action of the Disciplinary Panel, the action shall be effective as set forth in Section 4.

Consideration of Disciplinary Action. A. A disciplinary proceeding shall commence upon the issuance of a recommendation to discipline a member of one or more of the Party organizations (the “Subject Actuary”) from the Actuarial Board for Counseling and Discipline, Discipline or other appropriate body with authority under a cross-border agreement to investigate and make findings with respect to the conduct of such member (“Referring Body”). Pursuant to this Agreement, such recommendations shall be referred by the relevant Party organizations to the Council. Upon receipt of such a disciplinary recommendation, the Council shall appoint a Disciplinary Panel, including a chairperson, to consider and act upon the recommendation. The Disciplinary Panel shall consist of at least 5 persons, and shall be selected from the Pool Pool, pursuant to procedures established by the Council. B. The composition of the Disciplinary Panel selected to consider and act upon a disciplinary recommendation shall meet the following requirements: 1. At least one Disciplinary Panel member shall be appointed by the Council representatives for each of the Party organizations of which the Subject Actuary is a member. 2. The Disciplinary Panel shall have majority members in each of the Party organizations of which the Subject Actuary is a member, unless the Council, in its sole discretion, determines that compliance with this requirement is not feasible. In the event the Council determines compliance with this requirement is not feasible, and such noncompliance is inconsistent with the bylaws of a Party organization of which the Subject Actuary is a member, the case shall be referred back to such organization to consider and act upon the disciplinary recommendation pursuant to its own disciplinary procedures, and the case shall proceed pursuant to this Agreement with respect to the other Party organizations of which the Subject Actuary is a member. 3. Each Disciplinary Panel member shall be a member of at least one of the Party organizations of which the Subject Actuary is a member. C. The Subject Actuary shall have the right to object to the participation of any member of the Disciplinary Panel, pursuant to procedures established by the Council. The Council in its sole discretion may replace one or more members of the Panel in response to such an objection. D. The Disciplinary Panel shall hold a hearing to consider the matter unless both the Subject Actuary and the Disciplinary Panel agree that it need not be held. The Subject Actuary shall have the right to appear personally and with counsel (at the Subject Actuary’s expense) at such hearing to explain the member’s position concerning the recommendation of the Referring Body. The role of the Subject Actuary’s counsel shall be limited to advising the Subject Actuary and articulating appropriate legal objections; the role of the Disciplinary Panel’s counsel shall be similarly limited. E. D. If an investigator was appointed by the Referring Body to assist in reviewing the matter at issue, such investigator may be requested by the Disciplinary Panel Chairperson to appear and present a report at the Disciplinary Panel hearing. F. E. The Disciplinary Panel may dismiss the matter or take disciplinary action. Disciplinary action may include a private reprimand, public reprimand, suspension of membership, or expulsion. The Disciplinary Panel may also refer the matter to the Actuarial Board for Counseling and Discipline or other appropriate Referring Body to counsel the Subject Actuary, whether or not the Disciplinary Panel decides to impose discipline. Counseling shall not constitute discipline. G. F. Disciplinary action requires an affirmative vote of a supermajority of the entire membership of the Disciplinary Panel. For purposes of this Agreement, a “supermajority” shall be defined as all or all but one of the entire membership of the Disciplinary Panel. A decision to refer the Subject Actuary for counseling requires a simple majority vote of the entire membership of the Disciplinary Panel. H. G. A decision by the Disciplinary Panel to privately reprimand, publicly reprimand, or suspend a Subject Actuary for a period up to and including 2 years shall be effective 45 days after the date of the action, if the Subject Actuary does not appeal the decision. If the Subject Actuary appeals the decision, the action shall be effective as set forth in Section 4. A dismissal shall be effective when the decision is rendered. I. H. A decision by the Disciplinary Panel to suspend a Subject Actuary for more than two years or expel the Subject Actuary shall be referred to the Party organization(s) of which the Subject Actuary is a member for a final disciplinary decision, if the Subject Actuary does not appeal the Disciplinary Panel’s action. The Party organization(s) may affirm the decision of the Disciplinary Panel, or reduce the discipline to no less than a suspension of two years, with such action being effective on the date of the Party organization’s decision. If the Subject Actuary appeals the action of the Disciplinary Panel, the action shall be effective as set forth in Section 4.

Consideration of Disciplinary Action. A. A disciplinary proceeding shall commence upon the issuance of a recommendation to discipline a member of one or more of the Party organizations (the “Subject Actuary”) from the Actuarial Board for Counseling and Discipline, or other appropriate body with authority under a cross-border agreement to investigate and make findings with respect to the conduct of such member (“Referring Body”). Pursuant to this Agreement, such recommendations shall be referred by the relevant Party organizations to the Council. Upon receipt of such a disciplinary recommendation, the Council shall appoint a Disciplinary Panel, including a chairperson, to consider and act upon the recommendation. The Disciplinary Panel shall consist of at least 5 persons, and shall be selected from the Pool pursuant to procedures established by the Council. B. The composition of the Disciplinary Panel selected to consider and act upon a disciplinary recommendation shall meet the following requirements: 1. At least one Disciplinary Panel member shall be appointed by the Council representatives for each of the Party organizations of which the Subject Actuary is a member. 2. The Disciplinary Panel shall have majority members in each of the Party organizations of which the Subject Actuary is a member, unless the Council, in its sole discretion, determines that compliance with this requirement is not feasible. In the event the Council determines compliance with this requirement is not feasible, and such noncompliance is inconsistent with the bylaws of a Party organization of which the Subject Actuary is a member, the case shall be referred back to such organization to consider and act upon the disciplinary recommendation pursuant to its own disciplinary procedures, and the case shall proceed pursuant to this Agreement with respect to the other Party organizations of which the Subject Actuary is a member. 3. Each Disciplinary Panel member shall be a member of at least one of the Party organizations of which the Subject Actuary is a member. C. The Subject Actuary shall have the right to object to the participation of any member of the Disciplinary Panel, pursuant to procedures established by the Council. The Council in its sole discretion may replace one or more members of the Panel in response to such an objection. D. The Disciplinary Panel shall hold a hearing to consider the matter unless both the Subject Actuary and the Disciplinary Panel agree that it need not be held. The Subject Actuary shall have the right to appear personally and with counsel (at the Subject Actuary’s expense) at such hearing to explain the member’s position concerning the recommendation of the Referring Body. The role of the Subject Actuary’s counsel shall be limited to advising the Subject Actuary and articulating appropriate legal objections; the role of the Disciplinary Panel’s counsel shall be similarly limited. E. If an investigator was appointed by the Referring Body to assist in reviewing the matter at issue, such investigator may be requested by the Disciplinary Panel Chairperson to appear and present a report at the Disciplinary Panel hearing. F. The Disciplinary Panel may dismiss the matter or take disciplinary action. Disciplinary action may include a private reprimand, public reprimand, suspension of membership, or expulsion. The Disciplinary Panel may also refer the matter to the Actuarial Board for Counseling and Discipline or other appropriate Referring Body to counsel the Subject Actuary, whether or not the Disciplinary Panel decides to impose discipline. Counseling shall not constitute discipline. G. Disciplinary action requires an affirmative vote of a supermajority of the entire membership of the Disciplinary Panel. For purposes of this Agreement, a “supermajority” shall be defined as all or all but one of the entire membership of the Disciplinary Panel. A decision to refer the Subject Actuary for counseling requires a simple majority vote of the entire membership of the Disciplinary Panel. H. A decision by the Disciplinary Panel to privately reprimand, publicly reprimand, or suspend a Subject Actuary for a period up to and including 2 years shall be effective 45 days after the date of the action, if the Subject Actuary does not appeal the decision. If the Subject Actuary appeals the decision, the action shall be effective as set forth in Section 4. A dismissal shall be effective when the decision is rendered.be I. A decision by the Disciplinary Panel to suspend a Subject Actuary for more than two years or expel the Subject Actuary shall be referred to the Party organization(s) of which the Subject Actuary is a member for a final disciplinary decision, if the Subject Actuary does not appeal the Disciplinary Panel’s action. The Party organization(s) may affirm the decision of the Disciplinary Panel, or reduce the discipline to no less than a suspension of two years, with such action being effective on the date of the Party organization’s decision. If the Subject Actuary appeals the action of the Disciplinary Panel, the action shall be effective as set forth in Section 4.

Consideration of Disciplinary Action. A. A disciplinary proceeding shall commence upon the issuance of a recommendation to discipline a member of one or more of the Party organizations (the “Subject Actuary”) from If the Actuarial Board for Counseling and Discipline, Discipline (the “ABCD”) or other appropriate body with authority under a cross-border agreement to investigate and make findings with respect to the conduct of such member actuaries (the ABCD or other appropriate body referred to hereinafter as a “Referring Body”). Pursuant ) issues a recommendation to discipline an actuary (the “Subject Actuary”) who is a member of at least two (2) or more of the Parties, the Parties of which the Subject Actuary is a member will offer to the Subject Actuary the option of: (i) a single hearing before a panel (the “Hearing Panel”) appointed as set forth in this Agreement and operating under the terms and conditions of this Agreement; or (ii) individual proceedings conducted separately through procedures established by each of the Parties of which the Subject Actuary is a member. If the Subject Actuary elects a single hearing before a Hearing Panel, the Parties of which the Subject Actuary is a member will proceed in accordance with the terms of this Agreement. If a Referring Body issues a recommendation to discipline a Subject Actuary who is a member of only one (1) of the Parties, such recommendations Party shall be referred by the relevant Party organizations to the Council. Upon receipt of proceed in accordance with its own individually established procedures for addressing such a disciplinary recommendation, and this Agreement shall have no application to such proceeding. B. If a Subject Actuary who is a member of two (2) or more Parties elects a single hearing before a Hearing Panel under Section 3.A.(i), then a disciplinary proceeding shall commence upon such election. The Presidents and Presidents-Elect of the Council Parties of which the Subject Actuary is a member shall appoint a Disciplinary Hearing Panel, including a chairperson, to consider and act upon the recommendation. The Disciplinary Hearing Panel shall have a majority of members in each of the Parties of which the Subject Actuary is a member, unless the Presidents and Presidents-Elect of those Parties, in their sole discretion, determine that compliance with this requirement is not feasible. C. If the Subject Actuary elects to proceed before a Hearing Panel, the composition of the Hearing Panel shall meet the following requirements: 1. The Hearing Panel shall consist of at least 5 persons, five (5) persons and shall be selected from the Pool pursuant to procedures established by the Council.; B. The composition of the Disciplinary Panel selected to consider and act upon a disciplinary recommendation shall meet the following requirements: 12. At least one Disciplinary (1) Hearing Panel member shall be appointed by the Council representatives for each of the Party organizations of which the Subject Actuary is a member. 2. The Disciplinary Panel shall have majority members in each of the Party organizations of which the Subject Actuary is a member, unless the Council, in its sole discretion, determines that compliance with this requirement is not feasible. In the event the Council determines compliance with this requirement is not feasible, and such noncompliance is inconsistent with the bylaws of a Party organization of which the Subject Actuary is a member, the case shall be referred back to such organization to consider and act upon the disciplinary recommendation pursuant to its own disciplinary procedures, and the case shall proceed pursuant to this Agreement with respect to the other Party organizations of which the Subject Actuary is a member. 3. Each Disciplinary Panel member shall be a member of at least one of the Party organizations of which the Subject Actuary is a member. C. The Subject Actuary shall have the right to object to the participation of any member of the Disciplinary Panel, pursuant to procedures established by the Council. The Council in its sole discretion may replace one or more members of the Panel in response to such an objection. D. The Disciplinary Panel shall hold a hearing to consider the matter unless both the Subject Actuary and the Disciplinary Panel agree that it need not be held. The Subject Actuary shall have the right to appear personally and with counsel (at the Subject Actuary’s expense) at such hearing to explain the member’s position concerning the recommendation of the Referring Body. The role of the Subject Actuary’s counsel shall be limited to advising the Subject Actuary and articulating appropriate legal objections; the role of the Disciplinary Panel’s counsel shall be similarly limited. E. If an investigator was appointed by the Referring Body to assist in reviewing the matter at issue, such investigator may be requested by the Disciplinary Panel Chairperson to appear and present a report at the Disciplinary Panel hearing. F. The Disciplinary Panel may dismiss the matter or take disciplinary action. Disciplinary action may include a private reprimand, public reprimand, suspension of membership, or expulsion. The Disciplinary Panel may also refer the matter to the Actuarial Board for Counseling and Discipline or other appropriate Referring Body to counsel the Subject Actuary, whether or not the Disciplinary Panel decides to impose discipline. Counseling shall not constitute discipline. G. Disciplinary action requires an affirmative vote of a supermajority of the entire membership of the Disciplinary Panel. For purposes of this Agreement, a “supermajority” shall be defined as all or all but one of the entire membership of the Disciplinary Panel. A decision to refer the Subject Actuary for counseling requires a simple majority vote of the entire membership of the Disciplinary Panel. H. A decision by the Disciplinary Panel to privately reprimand, publicly reprimand, or suspend a Subject Actuary for a period up to and including 2 years shall be effective 45 days after the date of the action, if the Subject Actuary does not appeal the decision. If the Subject Actuary appeals the decision, the action shall be effective as set forth in Section 4. A dismissal shall be effective when the decision is rendered. I. A decision by the Disciplinary Panel to suspend a Subject Actuary for more than two years or expel the Subject Actuary shall be referred to the Party organization(s) of which the Subject Actuary is a member for a final disciplinary decision, if the Subject Actuary does not appeal the Disciplinary Panel’s action. The Party organization(s) may affirm the decision of the Disciplinary Panel, or reduce the discipline to no less than a suspension of two years, with such action being effective on the date of the Party organization’s decision. If the Subject Actuary appeals the action of the Disciplinary Panel, the action shall be effective as set forth in Section 4.;