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Proposed | amendments to Paragraph 13 that conform to Chapter 27.2 of title 55 of the Code of Virginia. Comments due January 15, 2018.

On November 8, 2017, the Committee on Lawyer Discipline (COLD) approved the proposed amendments to Part 6, Section IV, Paragraph 13 that conform Paragraph 13 to Chapter 27.2 of title 55 of the Code of Virginia, renaming CRESPA (Consumer Real Estate Settlement Protection Act) to RESA (Real Estate Settlement Agents).

 

Additions are underlined.  Strikethroughs indicate deletions.

 

13-1 DEFINITIONS

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“CRESPA” - See “RESA”  means the Virginia Consumer Real Estate Settlement Protection Act, Va. Code, Title 6.1, Chapter 1.3, and any regulations promulgated thereunder.

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“Disciplinary Record” means any tangible or electronic record of:

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3.         Any proceeding in which the Respondent has been found guilty of a violation of RESACRESPA; and

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“Misconduct” means any:

5.         Violation of RESACRESPA or any regulations adopted pursuant thereto.

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“RESA” means Chapter 27.2 of Title 55 of the Code of Virginia entitled “Real Estate Settlement Agents” (formerly Consumer Real Estate Settlement Protection Act or “CRESPA”).

“Respondent” means any Attorney:

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2.         Who is the subject of any proceeding under this Paragraph, Va. Code §§ 54.1-3900.01, 54.1-3935, 54.1-3936, or RESACRESPA; or

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13-6     DISCIPLINARY BOARD

            F.         Jurisdiction.  The Board shall have jurisdiction to consider:  ...  (8) Violations of RESACRESPA or any regulations adopted pursuant thereto;

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13-9     CLERK OF THE DISCIPLINARY SYSTEM

A.        Current Dockets.  The Clerk of the Disciplinary System shall maintain a docket of current Attorney discipline and RESACRESPA matters pending before the District Committees, the Board or courts of this Commonwealth.

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C.        File Destruction.  Whenever a File is destroyed, the following information shall be preserved:

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Such summary information shall be retained for at least five years whenever the Complaint or allegation of Misconduct is dismissed with no Disciplinary Record having been created, and for at least ten years whenever a Disciplinary Record has been created, an Impairment determined, a Reinstatement Proceeding held or a finding of Misconduct involving a RESACRESPA violation is made.

D.        Preservation of Determinations and Orders.  The Clerk of the Disciplinary System shall preserve a copy of all District Committee Determinations and Board or court orders in which an Attorney has been found to have engaged in Misconduct, to be impaired, to have committed a violation of RESACRESPA or requested Reinstatement.

E.         Costs.  The Clerk of the Disciplinary System shall assess Costs against the Respondent in the following cases:

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6.         All cases before the Board in which sanctions were imposed for violations of RESACRESPA and/or the Bar’s RESACRESPA regulations.

 

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Comments should be submitted in writing to Karen A. Gould, Executive Director, Virginia State Bar, at 1111 E. Main Street, Suite 700, Richmond, VA 23219-0026 or publiccomment@vsb.org, no later than the end of the business day on January 15, 2018.

Updated: November 17, 2017