OKLAHOMA CITY ASSOCIATION OF PROFESSIONAL LANDMEN
(Adopted 1960 and amended 1960, 1962, 1963, 1964, 1966, 1974,1976, 1977, 1985, 1989, 1990, 1991, 1992, 1999, 2002, 2003 and 2004, 2006 and 2007, 2008, 2014, 2017, 2022, 2024)
ARTICLE I – NAME
The name of the organization shall be "OKLAHOMA CITY ASSOCIATION OF PROFESSIONAL LANDMEN", hereinafter referred to as "OCAPL".
ARTICLE II – DEFINITIONS
As used in these Bylaws and in all other organizational documents of OCAPL, the following definitions shall apply:
Section 1. “Landwork” shall mean the actual performance or supervision of any one or more of the following functions:
A. Negotiating for the acquisition or divestiture of Mineral rights or rights associated with Other Energy Sources.
B. Negotiating business agreements that provide for the exploration for and/or development of Minerals or Other Energy Sources.
C. Ascertaining ownership in Minerals or rights associated with Other Energy Sources, and related real property interests through the research of public and private records.
D. Reviewing the status of title, curing title defects, providing title due diligence, and otherwise reducing title risk associated with the ownership, acquisition or divestiture of Mineral rights or property associated with Minerals or rights associated with Other Energy Sources, but shall exclude administrative, division order or lease analyst functions.
E. Managing rights and/or obligations derived from ownership of interests in Minerals or rights associated with Other Energy Sources.
F. Unitizing or pooling of interests in Minerals or rights associated with Other Energy Sources.
“Mineral(s)” shall be defined without limitation to include oil, gas, related hydrocarbons, coal, lignite, uranium, and substances classified as base, industrial, precious, or strategic minerals.
“Other Energy Sources” shall be defined without limitation to include wind energy, geothermal energy, and solar energy.
Section 2. “Land Professional” shall mean a person who derives a portion of his or her income as a result of performing Landwork.
Section 3. “Landman” shall mean a Land Professional who engages in Landwork.
Section 4. Gender. The masculine gender shall refer to both men and women.
ARTICLE III – LOCATION
The situs of the headquarters of OCAPL shall be in the City of Oklahoma City, County of Oklahoma, State of Oklahoma.
ARTICLE IV – MISSION STATEMENT
OCAPL’s mission is to promote the highest standards and ethics of performance for all Land Professionals, and to encourage sound stewardship of all energy and mineral resources.
ARTICLE V – MEMBERSHIP
Section 1. General
Membership in the OCAPL shall be open to all persons who meet the requirements for initial membership in effect at the time that the application for membership is submitted and who thereafter satisfy the requirements for membership renewal. Membership or renewal membership in the OCAPL shall be denied to any applicant who has ever been convicted of a criminal offense classified as a felony until the term of the felony conviction has been served, probationary period has been served or any other form of judicial supervision has been served, and who shall then be admitted only upon the recommendation of the Ethics Committee and by majority vote of the Executive Committee.
OCAPL reserves the right to deny membership to those applicants who have been convicted of a felony.
Section 2. Classes of Membership
The OCAPL shall have the following classes of membership:
A. Active Member
B. Associate Member
C. Honorary Member
D. Life Member
E. Senior Past President Member
Section 3. Active Member
All new applicants for Active Member status shall be required to meet the following minimum objective standards:
A. Practicing Land Professional. The applicant shall be a Land Professional as defined in Article II above and have successfully completed all requirements for a four (4) year degree from an accredited college or university or have been continuously engaged as a Land Professional for one (1) or more years.
B. Sponsorship. The application must be sponsored by two (2) Active Members of OCAPL. The sponsor shall have actual knowledge of the applicant’s experience in Landwork.
C. Employment Classification. The applicant shall be classified either as an “exempt” employee by the applicant’s employer in accordance with regulations of the National Labor Relations Board or as an independent contractor. In the absence of an actual classification, an applicant for Active Member status shall be clearly classifiable as either an “exempt” employee or as an independent contractor.
D. Ethical Conduct and Stands of Practice. The applicant must execute such documentation as OCAPL may require affirming the applicant’s willingness to be bound by and abide within the American Association of Professional Landmen (AAPL) Code of Ethics and Standards of Practice. Any applicant who has ever been convicted of a criminal offense classified as a felony shall be admitted as an Active Member only upon the recommendation of the Ethics Committee and Executive Committee, and by majority vote of the Executive Committee.
Section 4. Rights of Active Members
Only Active Members may vote in affairs of the OCAPL, sponsor membership applications or serve as a committee chairman, assistant committee chairman, director or officer of OCAPL.
Section 5. Associate Member
All new applicants for Associate Member status shall be required to meet the following minimum objective standards:
A. Ethical Conduct and Stands of Practice. The applicant must execute such documentation as OCAPL may require affirming the applicant’s willingness to be bound by and abide within the AAPL Code of Ethics and Standards of Practice. Any applicant who has ever been convicted of a criminal offense classified as a felony shall be admitted as an Active Member only upon the recommendation of the Ethics Committee and Executive Committee, and by majority vote of the Executive Committee.
Associate Membership is available to those who are not qualified to hold Active Membership at the time of application, or who are associated with Landwork, or supervise such Landwork, relating to the mineral and/or energy industries. Associate Members shall have all the rights and privileges of Active Members except those of voting and holding office and Life Members. It shall be the responsibility of the Associate Member who elects to change his membership to Active Membership to apply to the Executive Committee for approval.
Section 6. Honorary Member
Honorary Membership status may be conferred by the Executive Committee to any person closely associated with the mineral and/or energy industries who has rendered an outstanding service or whose contribution to the industry is so noteworthy and of such magnitude as to be deserving of this honor. Honorary Member shall have all the rights and privileges of Active Members except those of voting and holding office.
Section 7. Life Member
Upon total and complete retirement, and a minimum of five (5) consecutive years of OCAPL membership and reaching the age of sixty-five (65), any Active Member may become a Life Member. The Executive Committee, as its sole discretion, shall have the authority to reclassify any Life Member’s classification who continues to engage in Landwork. Such members shall not be charged any dues, unless financial conditions dictate dues are necessary, and shall enjoy all privileges of an Active Member. Life Members shall retain all rights and privileges of Active Members. It shall be the responsibility of the Active Member who wishes to change his membership to Life Member to apply to the Executive Committee for approval.
Section 8. Senior Past President Member
Senior Past President Membership may be conferred, upon application to and approval by the voting members of the OCAPL Board, on any OCAPL past president who is at least sixty-five (65) years of age. Senior Past President Members shall not be charged any dues, unless financial conditions dictate dues are necessary, and shall enjoy all privileges of an Active Member.
Section 9. Amendments to Membership Classifications, Rights, and Duties
The membership requirements, rights, and duties of all classes of membership including, but not limited to Active Members and Associate Members, which are specially set in these Bylaws may be modified only by an amendment to these Bylaws as provided in Article XII. All other classifications of membership in OCAPL and the membership requirements, rights, duties, and obligations attached to each classification shall be established or may be modified by a majority vote of the Executive Committee.
Section 10. Misconduct
Any questions of misconduct of a member which may result in disciplinary action against the member should be referred to the Ethics Committee as prescribed in Article XVI. Such violations shall include but not be limited to:
A. Violation of any provision of the Bylaws, Code of Ethics, Standards of Practice, or any rule, regulation or order adopted pursuant thereto;
B. Aiding or abetting any unauthorized use of the title “Certified Professional Landman,” or CPL; “Registered Professional Landman,” or RPL; “Registered Landman” or RL; or “CPL/ESA”;
C. Any act or conduct which causes disrespect for or lack of confidence in the member to act professionally as a Landman or Land Professional;
D. Conviction of the member of a criminal offense classified as a felony.
ARTICLE VI – MEETINGS
The OCAPL shall have the following meetings:
A. Regular
B. Special
Section 1. Regular Meetings
Regular Meetings shall be held on the first Monday of each month at such time and place as may be designated by the Executive Committee
Section 2. Special Meetings
Special Meetings may be held at any time the affairs of said OCAPL necessitates such a meeting to be held, notice thereof to be given by the President, and in his absence, by the Vice President; it being provided that such notice may be by mail, email, or by telephone.
ARTICLE VII – OFFICERS AND DUTIES
Section 1. Officers
The officers of OCAPL shall be a President, Vice President, Treasurer, and Secretary. Officers shall be elected as provided in Article VIII and shall serve for a term of one (1) year. Each officer shall be an Active Member.
Section 2. President
The President shall preside at all Regular and Special Meetings of the OCAPL.
The President shall be Chairman of the Executive Committee and ex officio member of all other committees.
Section 3. Vice President
The Vice President shall perform the duties of the President in the event of a vacancy, absence, or inability of the President to serve.
The Vice President shall be a member of the Executive Committee. The Vice President is responsible for appointing the Chairman of each Committee prior to June 1st and once the succeeding Vice President is elected in the calendar year nominating process, the elected Vice President will be responsible for assigning the Co-Chairs (after consultation with the incoming President) of each Committee by December 15th and Committee Members be selected by the incoming President after consulting with the outgoing Chairman, incoming Chairman and the incoming Vice President, by January 1st.
Section 4. Treasurer
The Treasurer shall monitor all OCAPL financial matter. He shall collect all dues and assessments from all members of OCAPL and maintain accurate records thereof. He shall prepare financial statements correctly reflecting the financial condition of OCAPL at any time when so directed by the President or by the Executive Committee and shall submit and publish an annual report for the fiscal year which begins January 1st. He shall pay all expenses of OCAPL, when the Executive Committee shall have first duly authorized such payment.
The Treasurer, along with the President, Vice President, and other individuals authorized by the Executive Committee, shall sign checks in the name of OCAPL.
The Treasurer shall be a member of the Executive Committee.
Section 5. Secretary
The Secretary shall record the proceedings of meetings of OCAPL, the Executive Committee and assist the presiding officer at all Regular and Special Meetings. He shall issue notices to meetings of the Executive Committee and OCAPL on direction of the President, and in the absence of such President, by the Vice President. The Secretary shall monitor all elections and shall validate election results.
The Secretary shall be a member of the Executive Committee.
ARTICLE VIII – ELECTION OF OFFICERS
On or before the first of June of each year, the President shall appoint a Chairman to the Nominating Committee who shall be a Past President and an Active Member of OCAPL. Said Chairman shall appoint four (4) additional members to serve on the committee. In addition to those members appointed by the Chairman, the current 1st Past President and Vice President of OCAPL shall be ex officio members of the committee. The Nominating Committee shall nominate at least one (1) candidate for each office (VP, Treasurer and Secretary and EC or Director if applicable) and submit to the President by October 1 and publish on October 1 in a ballot style format and shall provide space for write-in candidates; The Nominating Committee shall nominate Active Members of OCAPL for each of the offices of Vice President, Treasurer, and Secretary. The President’s office will not be elected but will be filled by the Vice President unless otherwise stated in these Bylaws. In alternate years, such Nominating Committee shall also nominate an Active Member of both OCAPL and the AAPL for at least five (5) years prior to his nomination for the office of AAPL Director (Region VI) and in compliance with the AAPL Bylaws. The confirmed slate of officers will then be published in the November issue of the OCAPL newsletter.
The election of officers shall be held at the first Regular Meeting in November of each year by secret ballot, or voice vote as determined by the Executive Committee.
The officers shall be elected by a majority of Active and Life Members present and voting at such meeting.
The terms of office of the officers of OCAPL shall be for a period of twelve (12) calendar months commencing on January 1st and running through December 31st as is consistent with OCAPL’s fiscal year as defined in Article X. herein, provided, however, that all officers shall serve until such time as their respective successors shall have duly been elected.
In the permanent absence of any officer or voting member of the Executive Committee, the Executive Committee shall appoint his successor to fill out the unexpired term.
ARTICLE IX – EXECUTIVE COMMITTEE
The Executive Committee shall consist of the immediate two (2) past presidents, current officers, current AAPL Director (Regin VI), and four (4) other members of OCAPL, in regular standing, to be selected at the same time and in the same manner as prescribed for the election of officers except for the current AAPL Local Director which said provisions are addressed in Article XIII of these Bylaws. In the event the Executive Committee contains a member(s) whose participation thereon fulfills more than one position, that member shall only be entitled to one vote before the Executive Committee.
The members of the Executive Committee shall serve for a period of twenty-four (24) calendar months except for the officers which said term is addressed in Article VIII.
Seven (7) members of the Executive Committee of OCAPL shall constitute a quorum for the transaction of all business regularly coming before it.
The duties of the Executive Committee of OCAPL shall include, but not be limited to pass upon the eligibility of applicants for membership, have general supervision of the finances of OCAPL, plan the programs of the Regular Meetings, and/or to suggest to the President the appointment of special entertainment committees, to call Special Meetings.
Any unexpected vacancies in the Executive Committee shall be filed in the same manner as prescribed for the filling of vacancies of officers in Article VIII.
ARTICLE X- COMMITTEE STRUCTURE
Established Committee’s will be subject to the OCAPL Bylaws and any special/temporary Committee may be created by the President. Article VII Sections 2 and 3 will govern all Committees, with the exception of the Executive Committee and the Ethics Committee as covered by Article IX and Article XVI. OCAPL Committee Members shall be appointed for a three-year staggered term. Should a vacancy occur, the OCAPL President shall appoint a replacement to fill the unexpired term. Committee Chairman are responsible for submitting to the incoming Vice President, before June 1 of each year, a list of potential committee members;
ARTICLE XI – DUES AND ASSESSMENTS
The annual dues assessed all Active and Associate Members shall be One Hundred Fifty AND No/100 Dollars ($150.00) per year payable annually, the payment of which may be suspended, when the Executive Committee finds that such payment is not necessary for the proper financing of OCAPL for the annual period suspended, and dues shall cover the cost of the meals at Regular Meetings and a subscription to the newsletter and directory.
Membership dues are payable annually on January 1 and will be considered delinquent if not paid within forty-five (45) days from January 1.
Any member who becomes delinquent in dues for forty-five (45) days following January 1 shall be dropped from the membership roll and his membership canceled.
Any member whose membership is canceled pursuant to Article X, may make application for reinstatement by: submitting a membership application, and tendering the entire amount of the one (1) year dues, as set out in the Bylaws, regardless of the point in time at which application for reinstatement is submitted.
The fiscal year shall begin January 1st.
Special assessments may be made and will be effective only upon being passed by a three fourths (3/4) majority of the Active Members present at any Regular Meeting.
Any member may bring a guest(s) to the Regular Meeting and the Treasurer is authorized to collect from the member such amount as may be necessary upon determination by the Executive Committee.
The dues of the new members shall be prorated to NINETY-FIVE AND No/100 Dollar ($95.00) for the year no matter when joining after June and thereafter will be subject to the $150 dues the following calendar year.
ARTICLE XII – PARLIAMENTARY RULE
The rules contained in Robert’s Rules of Order Newly Revised shall govern the OCAPL in all cases not provided for by these Bylaws.
ARTICLE XIII – AMENDMENTS
These Bylaws may be changed or amended by a majority of the Active Members present at any Regular Meeting of OCAPL, or by majority of the Active Members voting by a mail ballot. Any proposed amendments must be approved by a majority of the Executive Committee prior to submitting the changes to the membership for a vote.
ARTICLE XIV – ELECTION OF DIRECTOR TO AAPL
At the Regular Meeting in the month of November of each even numbered year, the Executive Committee shall present to the membership the names of at least one (1) or more qualified Active Members, in good standing, as nominees for the office of AAPL Director (Region VI) to serve for a term of two years commencing in the month of July of each odd numbered year; that additional nominations of qualified Active Members from the floor will then be in order and, upon the nominations being closed, the membership present shall vote, by secret written ballot, or voice vote as determined by the Executive Committee, on the entire slate of candidates nominated and the nominee receiving the most votes shall be the Director. Such Director shall automatically be a member of the Executive Committee during his two--year term. No member shall be qualified to serve as Director to the AAPL unless such member has been a member of AAPL for at least five years prior to his election as Director.
ARTICLE XV – CODE OF ETHICS
The Code of Ethics shall be the basis of conduct, business principles and ideals for the members of the OCAPL; and it shall be understood that conduct of any member of the OCAPL inconsistent with the provisions set forth in this Article shall be considered unethical and said individual's membership status shall be subject to review for possible disciplinary action as prescribed in Article XVI Ethics Committee of these Bylaws.
In the area of human endeavor involving trading under competitive conditions, ethical standards for fair and honest dealing can be made increasingly meaningful by an association organized and dedicated not only to the definition, maintenance, and enforcement of such standards, but to the improvement and education of its members as set out below in Article XV Standards of Practice. Such is the objective of OCAPL and such is its public trust.
Section 1. It shall be always the duty of the member to promote and, in a fair and honest manner, represent the industry to the public at large with the view of establishing and maintaining goodwill between the industry and the public and among industry parties.
The member, in his dealings with landowners, industry parties, and others outside the industry, shall conduct himself in a manner consistent with fairness and honesty, such as to maintain the respect of the public.
Section 2. Competition among those engaged in the mineral and energy industries shall be kept at a high level with careful adherence to established rules of honesty and courtesy.
A member shall not betray his partner's, employer's, or client's trust by directly turning confidential information to personal gain.
The member shall exercise the utmost good faith and loyalty to his employer (or client) and shall not act adversely or engage in any enterprise in conflict with the interest of his employer (or client). Further, he shall act in good faith in his dealings with the industry associates. The member shall represent others only in his areas of expertise and shall not represent himself to be skilled in professional areas in which he is not professionally qualified.
ARTICLE XVI – STANDARD OF PRACTICE
To inform the members of the specific conduct, business principles and ideals mandated by the Code of Ethics, the OCAPL has adopted the following Standards of Practice of the AAPL, and every member shall conduct his business in accordance therewith:
In justice to those who place their interests in his care, a landman shall be informed regarding laws, proposed legislation, governmental regulations, public policies, and current market conditions in his area of represented expertise, to be able to advise his employer or client properly.
It is the duty of the landman to protect the members of the public with whom he deals against fraud, misrepresentation, and unethical practices. He shall eliminate any practices which could be damaging to the public or bring discredit to the petroleum or mining industries.
In accepting employment, the landman pledges himself to protect and promote the interests of his employer or client. This obligation of absolute fidelity to the employer's or client's interest is primary, but it does not relieve the landman of his obligation to treat fairly all parties to any transaction, or act in an ethical manner.
The landman shall not accept compensation from more than one principal for providing the same service, nor accept compensation from more than one party to a transaction, without the full knowledge of all principals or parties to the transaction.
The landman shall not deny equal professional services to any person for reasons of race, creed, sex, or country of national origin. The landman shall not be a party to any plan or agreement to discriminate against a person or persons based on race, creed, sex, or country of national origin.
A landman shall provide a level of competent service in keeping with the standards of practice in those fields in which a landman customarily engages. The landman shall not represent himself to be skilled in nor shall he engage in professional areas in which he is not qualified, such as the practice of law, geology, engineering, or other disciplines.
The landman shall not undertake to provide professional services concerning a property or transaction where he has a present or contemplated interest unless such interest is specifically disclosed to all affected parties.
The landman shall not acquire for himself or others an interest in property which he is called upon to purchase for his principal, employer, or client. He shall disclose his interest in the area which might conflict with his principal, employer, or client. In leasing any property or negotiating for the sale any block of leases, including lands owned by himself or in which he has any interest, a landman shall reveal the facts of his ownership or interest to the potential buyer.
If a landman is charged with unethical practice or is asked to present evidence in any disciplinary proceeding or investigation or has direct knowledge of apparent unethical misconduct of another member, he shall place all pertinent facts before the proper authority of the AAPL.
The landman shall not accept any commission, rebate, interest, overriding royalty or other profit on transactions made for an employer or client without the employer's or client's knowledge and consent.
The landman shall assure that monies coming into his possession in trust for other persons, such as escrows, advances for expenses, fee advances, and other like items, are properly accounted for and administered in a manner approved by his employer or client.
The landman shall avoid business activity which may conflict with the interest of his employer or client or result in the unauthorized disclosure or misuse of confidential information.
The landman shall always present an accurate representation in his advertising and disclosures to the public.
The landman shall not aid or abet the unauthorized use of the title "Certified Professional Landman."
The landman shall not participate in conduct which causes him to be convicted, adjudged, or otherwise recorded as guilty by any court of competent jurisdiction of any felony, any offense involving fraud as an essential element, or any other serious crime.
ARTICLE XVII – ETHICS COMMITTEE
The Ethics Committee shall be responsible for upholding the ethical standards of the OCAPL by making recommendations to the Executive Committee for appropriate action. The Ethics Committee shall consist of an Ethics Chair and two (2) committee members, all three (3) selected by the Vice President and approved by the President. The Vice President may designate alternate members, approved by the President, who may serve in the place of absent Ethics Committee members for the purpose of conducting investigations and hearings as provided herein. The Ethics Committee shall also be responsible for decisions on disciplinary action based on unethical actions by a member under the following procedures.
Section 1 – Investigation
Written allegations of misconduct in violation of the Code of Ethics, Standards of Practice or any portion of these Bylaws shall first be submitted to the OCAPL office to the attention of the Vice President. Such allegations should be accompanied by a full statement of the evidence and any documentation in support thereof. The Vice President shall refer such allegations of misconduct to the Chair of the Ethics Committee.
The Ethics Chair shall first determine if the accused is a member of AAPL. If so, the Ethics Chair shall forward the submitted allegations to the AAPL and shall notify both the submitter and the accused that the allegations are now under the purview of the AAPL. In this case, OCAPL's involvement shall be limited to that specifically requested by AAPL. If allegations of misconduct are submitted to AAPL instead of, or prior to being submitted to OCAPL, OCAPL's involvement shall be limited to that specifically requested by AAPL. The decision by AAPL of dismissal, censure, suspension, allow resignation, or expulsion shall be commensurately applied to the accused member's status in OCAPL. The OCAPL Ethics Chair shall notify the OCAPL membership of such decision in the authorized OCAPL newsletter.
If the accused is not a member of AAPL, the allegations will be handled by the following OCAPL procedures.
The Ethics Chair shall coordinate investigation of the charges by appointing an independent Investigation Committee composed of 3 members approved by the Vice President. The independent Investigation Committee shall investigate the charges and reach a majority opinion regarding the existence of misconduct.
If in the judgment of the Investigation Committee there does not exist conduct in violation of the Code of Ethics, Standards of Practice, or Bylaws, they shall report same to the Ethics Chair. The Ethics Chair shall inform the Vice President and shall send written notice of dismissal to the submitter and the accused.
If in the judgment of the Investigation Committee there does exist probable cause necessitating a hearing, they shall report same to the Ethics Chair. The Ethics Chair shall then prepare and file with the Vice President a formal complaint against the accused member. Such complaint shall set forth in writing the misconduct complained of and the specific provisions of the Code of Ethics, Standards of Practice, or Bylaws alleged to have been violated by such misconduct.
Section 2 - Notice of Hearing
As soon as possible after the receipt of formal charges, the Vice President shall fix the date and place for the hearing. The Ethics Chair shall give notice in writing to the submitter and the accused member not less than thirty (30) days before said date, accompanied by a copy of Articles XIV, XV and XVI of the OCAPL Bylaws.
Section 3 – Hearing
On the date fixed for the hearing, the attendance of all three (3) members of the Ethics Committee or designated alternates shall be required for the conduct of the hearing as provided for in this section. The Vice President or a designated officer of OCAPL shall be required to preside over the hearing but shall not participate in voting.
The accused member may appear with legal counsel before the Ethics Committee, hear any witnesses called in support of the charge and have the option to cross--examine the same, present witnesses of his own, or submit oral or written statements in his own behalf. The Investigation Committee may likewise appear with legal counsel, present witnesses, and have the right of cross-examination.
The accused member may, by written notice submitted to the OCAPL office to the attention of the Ethics Chair, postmarked not less than ten (10) days prior to the date of the hearing, waive personal appearance and request the Ethics Committee to adjudge the matter based on a written statement of defense accompanying such letter. Failure of the accused member to appear or submit a waiver letter and a written defense shall not prevent the Ethics Committee from rendering judgment based on the evidence available to it on the hearing date.
Minutes of the hearing shall be taken by the presiding designated officer and shall include, at a minimum, verbatim recitation of the charges, motions, voting results and exhibits offered by either party. These minutes shall be the official record of the hearing.
Section 4 - Decision of the Committee
After the conclusion of the hearing or study of the written defense submitted in lieu thereof, the Ethics Committee shall consider and vote to sustain or dismiss the charges. By a two-thirds (2/3) vote, the Ethics Committee shall decide which of the following actions shall be taken: (a) dismissal of complaint; (b) censure; (c) suspension for a stated period of time; (d) allowed to resign; (e) expulsion.
The Ethics Chair shall notify the accused member in writing as to the committee’s decision within a reasonable time but not later than thirty (30) days from the decision.
If censure is the decision, the Ethics Chair shall so notify all the participants in the proceedings and the Executive Committee. If the decision of the Ethics Committee is suspension, allowance of resignation, or expulsion, and no appeal has been filed within thirty (30) days after notice of such decision, the Ethics Committee shall thereafter notify the membership of such decision in any OCAPL newsletter.
If an appeal is filed pursuant to Section 5 hereof, then a final decision by the Executive Committee for suspension, allowance of resignation, or expulsion shall be followed by notice to the membership of such decision in any OCAPL newsletter.
Section 5 - Appeal Procedure
The accused member shall have the right to file an appeal request with the Executive Committee of OCAPL within thirty (30) days after notification of the decision made by the Ethics Committee. Such appeal shall be submitted to the OCAPL office addressed to the attention of the Vice President. After receipt of the request for appeal, the Vice President shall fix the date and place for a hearing and shall give the appellant written notice not less than thirty (30) days before said date.
On the date fixed for the hearing, the attendance of at least seven (7) members of the Executive Committee shall constitute a quorum for the conduct of the hearing. Proceedings of the hearing shall be at the direction of the Executive Committee. No new evidence shall be received at the appeal hearing; rather, the hearing shall only address the merits of the prior decision of the Ethics Committee.
The appellant may appear with legal counsel. The Ethics Committee may likewise appear with legal counsel. The appellant may, by written notice submitted to the OCAPL office to the attention of the Vice President, postmarked not less than ten (10) days prior to the date of the hearing, waive personal appearance and request the Executive Committee to adjudge the matter based on a written argument on the merits of the prior decision of the Ethics Committee. Failure of the accused member to appear or submit a waiver letter and a written argument shall not prevent the Executive Committee from rendering judgment.
The decision by two-thirds (2/3) of those present shall render a judgment to sustain the decision of the Ethics Committee or render a different judgment. The decision of the Executive Committee shall be final. Each member, by becoming a member or renewing an existing membership, agrees not to seek review of a final decision by the Executive Committee in any court of law.
Section 6 - Period of Suspension
The period of suspension shall begin upon the date established in the decision to suspend and shall run for the time specified. At the termination of the suspension period, the individual shall be reinstated under the following conditions: (1) sponsorship by three (3) Active Members of OCAPL attesting to the suspended individual's adherence to the Code of Ethics, Standards of Practice and Bylaws during the suspension and (2) upon payment of current dues, which shall be prorated for the balance of the year, or (3) upon such other terms and conditions as the Ethics Committee may determine.
Section 7 – Resignation
Upon recommendation of the Ethics Committee, acceptance by the Executive Committee of the accused member's written resignation from the OCAPL, submitted to the OCAPL office to the attention of the Vice President, at any stage in the foregoing prescribed procedure, shall automatically terminate the proceedings. The membership shall be notified of such resignation in any authorized OCAPL newsletter.
Section 8 – Expulsion
The person who is expelled from the OCAPL under these proceedings shall thenceforth be ineligible for reinstatement to membership except as stated in Section 9 below.
Section 9 - Reapplication for Membership
A member who has resigned under Section 7 above or was expelled under Section 8 above shall be eligible to apply for reinstatement to membership three (3) years following the date of resignation or expulsion. Reinstatement shall require sponsorship by three (3) Active Members of OCAPL attesting to the applicant's adherence to the Code of Ethics, Standards of Practice and Bylaws during the period of resignation or expulsion and approval by a two-thirds (2/3) majority of the Executive Committee after review and recommendation by the Ethics Committee.
Section 10 – Notice
Any notice required to be given or document required to be served shall be sent by certified mail or commercial carrier (receipt verified) addressed to such member's latest address on file with OCAPL. Notice shall be deemed given when deposited in the USPS or with a commercial carrier.
Section 4. Gender. The masculine gender shall refer to both men and women.