Santa Cruz County, Arizona Board of REALTORS®
COMPLIANCE WITH RULES
Section 7- Compliance with Rules: The following action may be taken for noncompliance with the rules:
(A) Charges for participation in the Service (Multiple Listing Service Fees or “MLS Fees”) will be billed semi-annually in August and February to the Designated REALTOR® of each participating firm. For the period from October 1 through March 31, payment of MLS Fees shall be due on October 1. For the period from April 1 through September 30, payment shall be due on April 1. The Designated REALTOR® of each participating firm is responsible to the Service for the timely payment of MLS Fees billed. Payment will be accepted by check; one check per invoice. MLS Fees not received in the Service offices within fifteen (15) days of the payment due date (October 1 or April 1) shall be subject to a late fee penalty of $25.00 per Participant and/or User billed to the Designated REALTOR®. In addition, a written notice of suspension of service shall be mailed or delivered to such non-paying Designated REALTOR®. Written notice of suspension of service shall provide that if payment in full of all MLS fees billed, together with all applicable late fees, is not received by the Service within fifteen (15) days of the date of notice, service to the non-paying Designated REALTOR® shall be suspended. Suspension of service for a period of sixty (60) days shall be deemed to constitute resignation of the Designated REALTOR® from the Service. A Designated REALTOR® suspended from the Service for a period less than sixty (60) days may be reinstated upon payment in full of all MLS Fees and penalties owing. Following a suspension of service for a period of sixty (60) days or more, a Designated REALTOR® shall be required to apply for membership in the Service as a new member and shall pay in full any outstanding balance. Upon reinstatement following any suspension of Service, a reconnect charge of $100.00 will be assessed to the Designated REALTOR®. (Amended 08/06)
If a Designated REALTOR® pays fees and the payment is made by a check which has insufficient funds, the Designated REALTOR® shall make the check good within five days of notification by the Service and pay a returned check fee in an amount to be established annually by the Board of Directors. If another check received within six months which is made on insufficient funds, the Participant shall be required to pay all future fees for a period of two years with certified funds.
(B) For failure to comply with Section 1.3, Section 1.4, Section 1.5, Section 2.5, Section 2.8, Section 2.9 and Section 2.10 the Designated REALTOR® will be assessed a penalty of fifty dollars $50.00 per violation. A second notice will be sent 10 days after the initial notice. Failure to pay the penalty within 10 days after sending of the second notice will result in suspension of the Service until corrections are made and penalty is paid in full. (Amended 08/06)
(C) For failure to comply with any other rule, the provisions of Sections 9 and 9.1 shall apply. Discipline and/or sanctions shall be sufficient to constitute a deterrent to violation of the Rules and Regulations of the Multiple Listing Service. Suspension or termination is an extreme sanction to be used in cases of extreme or repeated violation of the Rules and Regulations of the Service. (Amended 08/06)
(D) The monetary penalties and assessments provided for in this Section 7 may be modified from time to time by the Board of Directors.
Section 7.1- Applicability of Rules to Users and/or Subscribers: Non-principal brokers, sales licensees, appraisers, and others authorized to have access to information published by the MLS are subject to theses rules and regulations and may be disciplined for violations thereof provided that the user or subscriber has signed an agreement acknowledging that access to and use of MLS information is contingent on compliance with the rules and regulations. Further, failure of any user or subscriber to abide by the rules and/or any sanction imposed for violations thereof can subject the Participant to the same or other discipline. This provision does not eliminate the Participant’s ultimate responsibility and accountability for all users or subscribers affiliated with the Participant.
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