The disciplinary procedures of FSS have been devised to ensure
a fair and reasonable process for Professional Plan Consultant
designees against whom allegations of Code of Ethics violations
and/or Practice Standards non-compliance are brought.
Request for Investigation - Upon receipt of a written
complaint, the FSS Board reviews the allegations to determine
if further investigation is warranted.
Investigation - If the FSS Board determines to proceed
with an investigation, a PPC professional is given written
notice of the investigation, which contains the general nature
of the allegations. The PPC professional is given 30
days within which to file a written response. If no response
is received within the allotted 30 days a formal complaint
is issued and the case is presented to a hearing panel made
up of a member from the executive panel at Financial Service
Standards, FSS counsel, and two peer-group members..
Probable Cause Determination - FSS Board determines
if there is probable cause to believe grounds for discipline
exist. If so, staff will issue a formal complaint against
the PPC professional and a notice of hearing. The complaint
contains the specific allegations of misconduct and the potential
Code of Ethics and/or Practice Standards violations. The PPC
professional has 20 days from the date of receipt of the complaint
to file a written answer. If no answer is received, the allegations
in the complaint are deemed admitted and the PPC professional's
right to use the PPC certification marks is administratively
revoked.
Forms of Discipline - If grounds for discipline have
been established, the FSS Board may impose any of the forms
of discipline below. All disciplinary actions, except private
written censure, may be publicly disseminated.
a private written censure
a temporary suspension of the individual's PPC certification
permanent revocation of the right to use the PPC marks
Public Disciplinary Actions - FSS Board's public disciplinary
action can take one of two forms -- a temporary suspension
of the individual's PPC certification or a permanent revocation
of the individual's PPC certification -- depending on the
severity of the breach, any mitigating or aggravating circumstances,
and the individual's cooperation with the Board's investigation.