One of those probably little known facts about how the mechanics of the NAR Code of Ethics enforcement procedures works is that if a grievance is filed against you and the Grievance Committee fails to forward it for a hearing or if you are found to be not in violation by a Professional Standards Committee then you basically can't be subsequently subject to the same (or a substantially similar) ethics complaint.
That "double jeopardy" policy is known as policy # 42 and can be found on page 25 of the 2008 NAR Code of Ethics and Arbitration Manual.
Article 5 of the United States Constitution prohibits us from being tried twice for the same offense after acquittal, after conviction, or being subject to multiple punishments for the same offense.
"DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendmentto the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses:  a second prosecution for the same offense after acquittal;  a second prosecution for the same offense after conviction; and  multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989)."
NAR members can download their own copy here or order a hard copy from NAR for 15 bucks.
Not the most fascinating book I've ever read but certainly a useful one should the need ever arise.
Jim Lee , REALTOR®, Certified Residential Specialist (CRS)
http://JimLee.com RE/MAX By The Bay
150 Mirona Road, Portsmouth, NH 03801 Phone: (603) 431-1111 x3801
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