I. Statement of Policy

In order to maintain the integrity of the accreditation program the Commission may take disciplinary action against an accredited land trust when there is evidence that the land trust no longer conforms to the accreditation indicator practices or program requirements. As indicated in the Commission’s Compliance Confirmation Policy and Procedures, an accredited land trust will have the opportunity to respond to information regarding its compliance with the accreditation indicator practices or program requirements. If the Commission makes a determination to move forward with probation or revocation of accredited status after following its Compliance Confirmation Policy and Procedures, the following Disciplinary Action Policy and Procedures will apply.

The Commission may place an organization on probation or revoke its accredited status. Probation requires an accredited organization to take specific actions within a specified timeframe to remain accredited. Revocation is the termination of accreditation. Both of these actions are made public via the Commission’s notice of decision process. The land trust has the right to appeal a decision to place the organization on probation or revoke its accredited status according to the Commission’s Appeals Policy and Procedures. Once disciplinary actions begin, a land trust no longer has the automatic right to voluntarily withdraw from accreditation. In limited circumstances, at the Commission’s sole discretion, it may allow a land trust on probation to withdraw from accreditation, but a land trust may never withdraw during revocation proceedings.

A land trust’s accredited status may be placed on probation when the area of noncompliance is readily resolvable and specific steps can be taken to allow the accredited land trust to fix a problem before revocation is considered. The term of probation will be specified in advance, and will be generally the amount of time reasonably required to resolve the issue.

Revocation without a probationary period may occur if the Commission has determined that situations such as, but not limited to, the following exist: liquidation of the land trust; federal or legal action against the land trust that results in loss of tax status or conviction of a crime or felony; willful misuse of the accreditation seal; revelation that the information contained in the application for accreditation or a subsequent report is fraudulent; or an activity, omission or fabrication that shows willful disregard for the integrity of the accreditation program or flagrant noncompliance with the accreditation indicator practices or program requirements.

If a land trust’s accredited status is revoked, to be reconsidered for accreditation the land trust must complete the entire accreditation application process again and pay all accreditation fees. The Commission may establish a waiting period for any subsequent application.

II. Definitions

Probation

Probation allows an organization to be put on notice that it needs to take specific actions within a specified timeframe to remain accredited.

Revocation

Revocation is the termination of accreditation.

III. Disciplinary Action Procedures

A. Probation Procedures

An accredited land trust may be put on probation when it is found through the Commission’s Compliance Confirmation Policy and Procedures to not be in compliance with the accreditation indicator practices or program requirements. The following steps will be taken once the Commission has made a decision to move forward with probation:

1. The accredited land trust will receive a written notice stating that it has been put on probation. The notice will generally contain the following elements:

a. An outline of the Commission’s concerns and the reasons for these concerns.

b. Specific actions or evidence the land trust must undertake or provide to show that it has corrected its deficiencies, refrained from certain activities and/or initiated certain activities.

c. A timetable for reporting.

d. Consequences of missing deadlines or not providing satisfactory information (such as revocation or continued probation).

e. A timetable for Commission reconsideration of probationary status.

f. Notification of the inability to withdraw from accreditation while disciplinary action is pending or the land trust is on probation, except in limited circumstances where the option to withdraw is specifically granted by the Commission at its sole discretion.

g. Notification of the Commission’s Appeals Policy and Procedures.

2. After the time limit for appeal has expired, the Commission will publish a notice of its decision to put the land trust on probation and the time limit of the probationary period.

3. The land trust on probation will provide information to the Commission, on a schedule determined by the Commission, to satisfy any requirements of the terms of probation. This information will be summarized by Commission staff and forwarded to the full Commission for consideration and action.

4. The Commission will review the information provided by the land trust at its next regularly scheduled meeting or any special meeting convened for this purpose and determine if the land trust is once again in compliance with the accreditation indicator practices and program requirements.

a. Probation ends with a vote of the full Commission that the land trust is in compliance. The Commission will publish a notice of its decision to take the land trust off of probation.

b. If the land trust fails to comply with the accreditation indicator practices or program requirements at the conclusion of the probationary period, the Commission may vote to revoke its accredited status and revocation procedures will begin.

B. Revocation Procedures

The Commission may vote to revoke the accredited status of an organization when it is found through the Commission’s Compliance Confirmation Policy and Procedures to not be in compliance with the accreditation indicator practices or program requirements, or after the Commission has determined that an accredited land trust has not satisfactorily explained or corrected matters during the time is was placed on probation. The following steps will be taken once the Commission has made a decision to move forward with revocation:

1. The accredited land trust will receive a written notice stating that its accreditation has been revoked. The notice will generally contain the following elements:

a. The Commission’s rationale for the decision.

b. Notification that having accreditation reinstated will require a new application and notification of any waiting period before a new application would be accepted.

c. Notification of the inability to withdraw from accreditation while disciplinary action is pending.

d. Notification that the land trust must stop using the accreditation seal immediately.

e. Notification of the Commission’s Appeals Policy and Procedures.

2. The Commission will publish a notice of its decision to revoke the land trust’s accredited status, subject to any notice provisions described in the Commission’s Appeals Policy and Procedures. The organization’s name will be removed from any list of accredited land trust distributed by the Commission.