"wrote RECBC and was told their investigation is still ongoing. They couldn't say when it would conclude saying it depends on 'the volume of complaints' being looked into and 'how involved' the investigation needs to be."
In the event that a licensee wishes to admit the allegations and consents to a Discipline Committee making a specified order under section 43 of the Real Estate Services Act, the licensee may make a proposal under section 41 to settle the matter by way of a consent order. This process avoids the necessity of a formal hearing and can save considerable time and expense for the licensee. A proposal includes an agreed statement of facts, appropriate admissions and a request as to outcome on terms acceptable to Council legal staff. Written notice must be given to the Council at least 14 days before the hearing date. The Council’s legal staff can assist in the preparation of the proposal. It should be noted that monetary penalties and expenses incurred by the Council in the enforcement of the provisions of the Real Estate Services Act can be recovered by the Council through this process.
Once a draft proposal has been settled by the licensee and the Council’s legal staff, it will then be reviewed by a Discipline Committee called a Consent Order Review Committee. This committee may accept, reject or counter the proposal. If the proposal is accepted, the committee will issue a consent order on the terms set out in the proposal. As part of the consent order process, the licensee is required to waive their right to appeal. As with any Council decision, the Superintendent of Real Estate has the right to appeal a consent order. If a licensee and the Council legal staff cannot agree on the facts or what would be an appropriate penalty, a formal hearing will be scheduled.
UPDATE - Original TV news clips exposing story added
The original CBC news clip exposing MAC is here:
And the BC-CTV coverage:
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