【正文】
a final decision has been issued by the Ethics Appeals Committee pursuant to these procedures。 and, the Appeals Committee’s final Decision and Order accepting, affirming, reversing, amending, or otherwise modifying any portion of the Ethics Review Committee Decision and Order, including any final disciplinary action or sanction issued by the Appeals Committee. Copies of the Ethics Appeals Committee Decision and Order shall be sent to the parties. The parties will also be notified that the final decision may be published, consistent with the requirements of these procedures. G. Finalizing Ethics Cases. 中國最大的管理資料下載中心 (收集 \整理 . 部分版權歸原作者所有 ) 第 13 頁 共 14 頁 1. Events Which Will Cause Closure of an Ethics Case. An ethics case will be closed when any of the following occur: the ethics plaint has been rejected pursuant to these procedures。 a summary of any relevant procedural or factual findings made by the Appeals Committee。 a statement and plete explanation of the reasons for the appeal under Section , including an explanation and basis for any request concerning a reduction in the discipline issued by the Ethics Review Committee。 and, could have affected the Ethics Review Committee decision. . Misapplication of the Code of Ethics or Standards of Conduct. The Ethics Review Committee misapplied the provisions of the Member Code of Ethics or Member Standards of Conduct, and the misapplication prejudiced the appealing party. . Contrary to the Information Presented. The Ethics Review Committee decision is contrary to the most substantial information provided in the record. With respect to Subsections . and . above, the Ethics Appeals Committee will consider only arguments that were presented to the Ethics Review Committee prior to the closing of the Hearing Record. 3. Contents of Appeal Letter. The appealing party must submit to the PMI Executive Director a letter or other written document directed to the Ethics Appeals Committee and to the other party, which contains the following information and material: the ethics case name。 . Termination of membership and expulsion from the Institute. E. Ethics Appeals Committee/Appeals. 1. Time Period for Submitting Appeal. Within fortyfive (45) days of the mailing date of an adverse Ethics Review Committee Decision and Order, the Respondent or the Complainant may submit to the PMI Executive Director a written appeal of all or a portion of the Decision and Order consistent with the requirements of these procedures. The Executive 中國最大的管理資料下載中心 (收集 \整理 . 部分版權歸原作者所有 ) 第 11 頁 共 14 頁 Director will forward the appeal to the Ethics Appeals Committee Chair for review, consideration, and assignment. 2. Grounds for Appeal. An adverse Ethics Review Committee Decision and Order may be reversed or otherwise modified by the Ethics Appeals Committee. However, the grounds for appeal of an adverse decision are strictly limited to the following: . Procedural Error. The Ethics Review Committee misapplied a procedure contained in these rules, and the misapplication prejudiced the appealing party. . New or Previously Undiscovered Information. Following the closing of the Hearing Record, the appealing party has located relevant proof that was not previously in his/her possession。 . Membership probation for any period up to three (3) years, including any appropriate restrictions or conditions concerning membership rights and any other conditions or directives。 Private reprimand and censure, including any appropriate conditions or directives。 a final ruling on the Member Code of Ethics and Member Standards of Conduct violations charged。 or, a restriction that the Respondent may not pursue a PMI position or office pending the final resolution of the ethics matter under review. The Ethics Review Committee or the Ethics Appeals Committee may discipline a Respondent who fails to ply with a Temporary or Preliminary Order. Preliminary and Temporary Orders are not subject to appeal, but may be reconsidered by the Committees upon written request of the Respondent presenting substantial reasons that the order is no longer necessary. D. Ethics Review Committee Hearings. 1. Ethics Review Committee. The PMI Board of Directors will appoint at least seven (7) PMI members to serve as the Ethics Review Committee to investigate and resolve ethics plaint matters. The PMI Chair, with Board of Directors approval, will appoint a Committee Chair from the seven members, who will supervise the work of the Committee. The Chair may appoint one or more ViceChairs to assist him/her, and to also preside over each Ethics Hearing. As directed by the Committee Chair, three (3) disinterested members 中國最大的管理資料下載中心 (收集 \整理 . 部分版權歸原作者所有 ) 第 9 頁 共 14 頁 of the Ethics Review Committee will be assigned to each case, and will conduct an informal Ethics Hearing designed to collect and weigh all of the available information and proof, and will have full authority to convene, preside over, continue, decide, and conclude an Ethics Hearing. 2. Hearing Schedule, Notice, and Attendance. The hearing date, time, and location for each ethics case will be scheduled by the Ethics Review Committee in consultation with the parties, and both parties will be notified in writing. Each party may attend the hearing in person or via telephone conference, where all participants will be able to municate with each other. 3. Participation of Legal Representatives/Conduct of the Hearing. Upon request by the Ethics Review Committee, the PMI Chair, or the PMI Board of Directors, the PMI Legal Counsel shall be available to assist the Committee at an Ethics Hearing, with privilege of the floor, and may conduct the hearing in consultation with the Ethics Review Committee. Legal or other representatives of the parties do not have such privilege and are bound