To initiate a Hearing Panel Proceeding, a written Hearing Panel Complaint (form HP C-1) or Hearing Panel Request for Resolution (form HP R-1) must be sent or presented to the Hearing Panel Chairperson. All parties involved in each Complaint, or Request for Resolution will be notified when the Hearing Panel Chairperson receives the form. Copy of the original Complaint/Request for Resolution will be sent to the person/persons named in the complaint or request for resolution.
A Complaint can be filed against any Member of the RMHA by presenting to the Hearing Panel the Hearing Panel Complaint Form and a sworn written statement, as defined in the Rules, of the complaint and the reasons therefore in detail . Disciplinary meetings regarding Complaints will be conducted in Closed Session.
A Request for Resolution of any matter can be filed by presenting to the Hearing Panel the Hearing Panel Request for Resolution and a written statement including the facts and issues of the matter and the reasons why the Hearing Panel review is appropriate. Hearings on Requests for Resolution shall be held in open session in the same manner as meetings of the Board of Directors in accordance with such procedures as may be published in the Rules and all determination by the Hearing Panel in such matters shall be final.
Each case will be decided on its own merits. Decisions will be made on evidence, data and consistent with the RMHA Bylaws and Rules. If the Hearing Panel denies hearing, the Hearing Panel Chairperson will notify all parties. Any party may appeal the decision to the RMHA Board (see “Appeals” below).
Notice that a formal hearing is scheduled will be provided to those involved. The Secretary of the Rocky Mountain Horse Association will send a written notice by certified mail, return receipt requested. The notice will state the reason for the hearing, the date, time and location of the hearing before the Hearing Panel. The RMHA Secretary will send such notice at least two (2) weeks prior to the hearing date.
If person (s) who filed original complaint or request does not appear at the hearing, the Hearing Panel may choose to dismiss the complaint or request. All hearings will be tape-recorded. The Hearing Panel can postpone or reschedule the hearing if it deems it is in the best interest of the RMHA, or any parties involved. All parties will be granted a fair and unbiased hearing.
If in response to a complaint, a formal disciplinary action is taken against a member, the Hearing Panel shall notify that member by certified mail return receipt requested of the action taken. Such notification shall be post marked no later than one (1) week after the date of the meeting at which the action was taken. The RMHA Secretary will receive a copy of the notification.
Should a member feel that travel to the hearing would involve an undue hardship on himself/herself, the member should notify the RMHA Secretary in writing (email, fax, US mail) providing specific basis/reasons that a hardship should be granted. The Hearing Panel, upon notification by the RMHA Secretary shall review the situation and make a decision to accept or reject the request. Provided the Panel accepts the hardship request it will seek ways to best serve the RMHA and member needs. Alternative methods of giving testimony will be considered (i.e. video taped statements) if the Panel agrees that attending the hearing in person will result in an undue hardship on the member. If the request is denied the member must attend the scheduled meeting (s).
Any party to a specific disciplinary proceeding may appeal the decision to the Board of Directors. A request for appeal must be in writing and sent certified mail, return receipt requested to the Secretary of the RMHA. The request for appeal must be postmarked within 30 days of the Hearing Panel’s disciplinary decision. The Secretary of the RMHA will respond in writing to the affected Member(s) as to the date, time and location of the appeals session with the Board of Directors. The appeal will be conducted in closed session. Members of the Hearing Panel shall be excluded from the proceedings. The decision rendered by the Board of Directors shall be final.
The Hearing Panel Complaint Form and Request for Resolution Form are available on the Forms and Applications page of the RMHA website.