Regulations of the Arbitration and
Disciplinary Committee
At the Meeting of Members in Mannheim on 13 June 1987 and in execution of the duties specified in Article 3 Paragraph 2(2) and Article 12 Paragraph 2(1), of the Articles of the GESELLSCHAFT FÜR FORENSISCHE SCHRIFTUNTERSUCHUNG (GFS) decided upon the follo

At the Meeting of Members in Mannheim on 13 June 1987 and in execution of the duties specified in Article 3 Paragraph 2(2) and Article 12 Paragraph 2(1), of the Articles of the GESELLSCHAFT FÜR FORENSISCHE SCHRIFTUNTERSUCHUNG (GFS) decided upon the following

 

REGULATIONS OF THE ARBITRATION AND DISCIPLINARY COMMITTEE

 

Article 1

(1)      The Arbitration and Disciplinary Committee (Article 12 of the Articles of the Society) is responsible for disciplining members found to act in violation of the Articles of the Society and/or Examination Regulations and decides on any factual and professional issues in question.

 

(2)      Unless otherwise specified hereinafter, the term "Committee" stands for the "Arbitration and Disciplinary Committee".

 

Article 2

(1)      The Committee shall take action at the request of an ordinary member or of the Board (Article 12 Paragraph 2 of the Articles of the Society).

 

(2)      As a rule, the proceedings shall be conducted in writing.

 

(3)      If the Committee deems it necessary to hold an oral hearing, the member involved shall be summoned by registered letter with two weeks' notice.

 

(4)      A written record of the oral hearing shall be kept and signed by the Committee members.

 

Article 3

(1)      The persons involved must present their case in writing, stating reasons and a brief statement of the issue.

 

(2)      These written submissions are to be presented in duplicate either as original transcripts or certified copies.

 

Article 4

The persons involved shall be guaranteed a legal hearing.

 

Article 5

The Committee shall deliberate in private.

 

Article 6

The Committee can decide upon the following measures:

 

a)  caution,

b)  reprimand,

c)  limited or indefinite disqualification as a member, in compliance with Article 5 Paragraph 1 (6) or (7) or both of the Articles of the Society,

d)  expulsion from the GFS.

 

Article 7

The decision of the Committee is to be reported to the person involved in writing, stating the reasons leading to the decision.

 

Article 8

(1)      The member involved shall have the right of appeal to the Meeting of Members within a period of one month as of the date of delivery of the decision (Article 9 Paragraph 2 of the Articles). The decision of the Meeting of Members is final.

 

(2)      The Committee may allow the appeal to be made to an extra Meeting of Members. If this possibility is used, it is to be understood as a recommendation to the Board to exercise its rights as specified in Article 9 Paragraph 3(1).

 

(3)      The appeal is to be sent to the Committee and the reasons for it are to be presented within one further month.

 

Article 9

(1)      The decisions of the Committee are to be made known to the other members in a suitable manner.

 

(2)      In the case of a final decision in compliance with Article 6 c and d of these Regulations, the courts having jurisdiction, authorities and other official bodies to which the membership list of the GFS has been sent shall be informed.

 

Article 10

(1)      The proceedings are free of charge.

 

(2)      A member who has lost the case or against whom a decision has been passed has only to repay the actual costs incurred by the Committee members, witnesses and experts as a result of the proceedings, in compliance with the terms of the German law on Compensation for Witnesses and Experts.

 

(3)      In the case of a compromise, the Committee shall determine the proportions of compensation to be paid by the members involved, in accordance with Article 2.

 

(4)      The decision on the payment of compensation is to be taken subsequent to the decision on the main issue.

 

(5)      The compensation is to be remitted to the treasurer of the GFS.

 

(6)      In the case of delay in payment or the member does not possess the amount to be paid, the GFS will advance the required sum to the member concerned by Paragraph 2.

 

The member in arrears will be charged interest on the amount.

 

Article 11

(1)      If necessary, the pertinent regulations of the Judicature Act, the Code of Civil law Procedure and Code of Criminal law Procedure shall be applied in analogy.

 

(2)      If circumstances make it necessary to appoint a member to stand in for another, this shall be decided by rota.

 

Article 12

The Arbitration and Disciplinary Committee shall be subject to Procedural Rules, which they will draw up and present to the Board for approval (Article 12 Paragraph 3 of the Articles of the Society).

 

Article 13

These Rules of the Arbitration and Disciplinary Committee come into force on the day on which they were resolved.

 

Older or conflicting rules are no longer valid.

 

 

Mannheim, 13 June 1987

changed on 26 May 2005

 

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