Article 67

Nature of the Process

1 - During the development of the disciplinary action, the arbitrator shall attempt to attain the objective truth, remove any obstacles to its swift resolution and reject any actions or evidence that might prove to be irrelevant, impertinent or dilatory, without detriment to the right of defence.

2 - The manner of the proceedings, when not specifically regulated, shall adapt to the ends to be attained and be restricted to the achievement of those goals.

Article 68

Allotment of the Process

1 - Once the disciplinary action has been filed, the process shall be allotted by draw among the members of the ethics and professional conduct committee.

2 - A second allotment shall be made in case of incapacity of the arbitrator, or should he or she request to be excused, provided that this is justified and accepted by the committee.

Article 69

Appendage of Causes

Should two or more disciplinary cases be pending against the same defendant, all shall be attached to the first and only one verdict pronounced, except when an appendage might prove clearly inconvenient.

Article 70

Behaviour During Disciplinary Proceedings

The arbitrator shall be responsible for the development of the process and for keeping order during all the proceedings.

Article 71

Location

All disciplinary proceedings shall be held in the location chosen by the arbitrator, without the possibility of appeal.

Article 72

Notification of Complaint

1 - The arbitrator shall notify the defendant so that he or she may reply in written form to the contents of the complaint, or to the decision to bring disciplinary action against him or her if no complaint has been filed. The arbitrator shall also enclose a copy of all the documents that support the case.

2 - The notification of the complaint, enclosing copies of the supporting documents, shall be delivered in person or by mail, within eight days following the decision to bring disciplinary action.

3 - Should the notification be posted, it must be sent by registered mail with acknowledgement of receipt to the defendant¿s home or business address, depending on whether or not he or she is currently registered in the OMD.

4 - Should the defendant be out of the country, or his or her whereabouts unknown, the notification shall be done by means of an edict stuck to the door of his or her home or business address.

5 - Lack of or irregular notification shall lead to the annulment of the action.

Article 73

Deadline for the Defendant's Reply

1 - The defendant must deliver the reply mentioned in no. 1 of the previous Article within eight days after the notification has been received.

2 - Should the defendant be notified while outside the country or by means of an edict, the time limit for the reply must not be less than 15 days nor more than 30.

3 - Should there be just cause, the arbitrator shall extend the time limit for the defence.

Article 74

Right to Defence

The defendant shall be entitled to appoint a representative for his or her defence.

Article 75

Evidence

1 - All the types of evidence admitted in a court of law shall be accepted.

2 - Both the defendant and the plaintiff may address a written request to the arbitrator requiring the necessary proceedings and indicating their place and deadline, as well as matters to be focused upon.

Article 76

Time Limit for Preliminary Actions

1 - Preliminary actions shall not take longer than two months.

2 - Preliminary actions shall be terminated when the arbitrator has pronounced about:

a) the accusation;

b) the dismissal of the case;

c) the adjournment of the case, until new evidence is produced.

3 - The adjournment mentioned in no. 2, paragraph c) shall not exceed one year, after which period the arbitrator shall decide on the accusation or the dismissal of the case.

4 - The decisions referred to in nos. 2 and 3 may not be appealed.