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Hearings

A. General
Hearings shall be held as determined by the Ethics Committee under the following guidelines. Hearing dates will be established by the chairman of the Ethics Committee. All hearings will be held in Chicago.

The Ethics Committee will notify the respondent and the complainant by certified mail, return-receipt requested, of the date, time, and place of the hearing.

The respondent may request a copy of the file on the case and will be allowed at least one postponement, provided the request for postponement is received by The American Dietetic Association at least fourteen (14) days before the hearing date.

B. Conduct of Hearings
The chair of the Ethics Committee will conduct a hearing with appropriate staff and legal counsel present. Individuals who have no conflict of interest will be appointed.

In the event that any Ethics Committee member cannot serve on the hearing panel for any reason, a replacement will be appointed by the representative of the original body that made the appointment, either the American Dietetic Association President, the Commission on Dietetic Registration Chairperson, or the Speaker of the House of Delegates as appropriate.

The parties shall have the right to appear; to present witnesses and evidence; to cross-examine the opposing party and adverse witnesses; and to have legal counsel present. Legal counsel for the parties may advise their clients, but may only participate in the hearings with the permission of the chair.

The hearing is the sole opportunity for the participants to present their positions.

Three members of the Ethics Committee shall constitute a quorum. Affirmative vote of two-thirds (2/3) of the members voting will be required to reach a decision.

A transcript will be prepared and will be available to the parties at cost.

C. Costs
The American Dietetic Association will bear the costs for the Ethics Committee, legal counsel, staff, and any other parties called by The American Dietetic Association. The American Dietetic Association will bear the travel and one night's hotel expenses for the complainant and respondent and one person that each chooses to bring, provided that such person is necessary to the conduct of the hearing as determined by the Chair of the Ethics Committee. The Ethics Committee shall issue regulations to govern the payment of these expenses which shall be incorporated and made part of these procedures.

The respondent and the complainant will be responsible for all costs and fees incurred in their preparation for and attendance at the hearing, except expenses for travel and hotel as stated above.

D. Decision
The Ethics Committee will render a written decision specifying the reasons therefore and citing the provision(s) of the Code of Ethics for the Profession of Dietetics that may have been violated. The Committee will decide that:

1) The respondent be acquitted;
2) Educational opportunities be pursued;
3) The respondent be censured, placed on probation, suspended, or expelled from The American Dietetic Association; and/or
4) The credential of the respondent be suspended or revoked by the Commission on Dietetic Registration of The American Dietetic Association.

The decision of the Ethics Committee will be sent to the respondent and the complainant as soon as practicable after the hearing.