How do I request a Fine Waiver?
Requesting a Waiver
(a). A Member issued a Notice of Violation may request, in writing, that the fine be waived (“Waiver Request”). The Waiver Request, together with any additional documentation the Member wishes to submit must be received by MIBOR within twenty (20) days of the Violation Issue Date. Requests may be submitted by email or US Post.
(b). Waiver Requests will be considered by the Administrative Review Panel (the “Admin Panel”). The Admin Panel shall consist of at least three (3) Members appointed by MSC Chairman of the Board. At least 2 members must review each request, in the case of a tie the President of the MSC will be the tie breaker. The Admin Panel shall consider all timely-filed Waiver Requests. To the extent reasonably possible, all information that may identify the Petitioner will be redacted from the request.
(c). The Admin Panel will review all Waiver Requests within ten (10) days of receipt unless Staff notifies the Petitioner otherwise.
(d). In addition to the Petitioner’s completed Waiver Request and all supporting documentation, the Admin Panel may be advised of, and consider, information regarding Petitioner’s prior violations under the Compliance Policy (and any waivers thereof) finalized within the last three (3) calendar years.
(e). The Admin Panel may grant a waiver of a fine only if it is satisfied that the Petitioner has shown the existence of good cause for such a waiver. The following circumstances may constitute good cause; however, this list is provided for informational purposes only:
(1). No violation occurred and the issuance of a violation was erroneous;
(2). The violation was the result of emergency circumstances which made compliance with the rules impossible or highly impractical.
(3). Excusable mistake, not including ordinary neglect or failure to keep office procedures compliant with changes in BLC® Listing Service rules, regulations and policies;
(4). The imposition of the fine creates an undue financial hardship. This list is not exhaustive nor does the existence of any of these circumstances require the Admin Panel to grant a waiver. The Admin Panel has full discretion to determine whether a waiver is warranted or not.
(f). The Petitioner requesting a waiver should clearly indicate the grounds or basis upon which they are requesting that a waiver be issued.
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