I. Statement of Policy
A. Probation
B. Revocation
II. Disciplinary Action Procedures
A. Probation Procedures
B. Revocation Procedures
C. Administrative Revocation Procedures
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 during its accredited term when there is evidence that the land trust does not comply with Land Trust Standards and Practices and/or program requirements. The following Disciplinary Action Policy and Procedures will apply if the Commission makes a determination to move forward with probation or revocation of accredited status after following its Compliance Confirmation Policy and Procedures, or makes a determination to move forward with revocation at the conclusion of a conditional accreditation period (for information on conditional accreditation at renewal see the Commission's Policy on Accreditation Application Final Decisions).
A. Probation
Probation requires an accredited land trust to take specific actions within a specified timeframe to remain accredited. The Commission may place a land trust on probation during its accredited term after following the Commission's Compliance Confirmation Policy and Procedures and 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.
In order to maintain the integrity of the accreditation program the Commission may take disciplinary action against an accredited land trust during its accredited term when there is evidence that the land trust does not comply with Land Trust Standards and Practices and/or program requirements. The following Disciplinary Action Policy and Procedures will apply if the Commission makes a determination to move forward with probation or revocation of accredited status after following its Compliance Confirmation Policy and Procedures, or makes a determination to move forward with revocation at the conclusion of a conditional accreditation period (for information on conditional accreditation at renewal see the Commission's Policy on Accreditation Application Final Decisions).
A. Probation
Probation requires an accredited land trust to take specific actions within a specified timeframe to remain accredited. The Commission may place a land trust on probation during its accredited term after following the Commission's Compliance Confirmation Policy and Procedures and 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.
B. Revocation
Revocation is the termination of accreditation. The land trust has the right to appeal a decision to revoke its accredited status according to the Commission's Appeals Policy and Procedures.
Revocation without a probationary period may occur if a land trust fails to satisfy conditions and confirm compliance during a conditional accreditation period. Revocation without a probationary period may also occur if the Commission has determined that situations such as, but not limited to, the following exist:
• Liquidation or dissolution of the land trust;
• Federal or legal action against the land trust that results in loss of tax status or conviction
for a crime or felony;
• Gross misuse of the accreditation seal;
• Revelation that the information contained in the application for accreditation or other
• Gross misuse of the accreditation seal;
• Revelation that the information contained in the application for accreditation or other
documents submitted to the Commission was fraudulent;
• Willful disregard for the integrity of Land Trust Standards and Practices or
program requirements;
• Substantial or repeated noncompliance with Land Trust Standards and Practices or
• Substantial or repeated noncompliance with Land Trust Standards and Practices or
program requirements;
• Deliberate failure to provide information requested by the Commission by the deadline
• Deliberate failure to provide information requested by the Commission by the deadline
specified by the Commission; or,
• Action, omission or fabrication that jeopardizes the integrity of the accreditation program.
If a land trust's accredited status is revoked, to be reconsidered for accreditation the land trust must complete the application used by those seeking first-time accreditation and pay all accreditation fees applicable to first-time applicants. The Commission may establish a waiting period for any subsequent application.
The Commission may revoke accreditation by administrative action for failure to pay required accreditation fees; there is no probationary period. Administrative revocation is not subject to the Appeals Policy and Procedures.
• Action, omission or fabrication that jeopardizes the integrity of the accreditation program.
If a land trust's accredited status is revoked, to be reconsidered for accreditation the land trust must complete the application used by those seeking first-time accreditation and pay all accreditation fees applicable to first-time applicants. The Commission may establish a waiting period for any subsequent application.
The Commission may revoke accreditation by administrative action for failure to pay required accreditation fees; there is no probationary period. Administrative revocation is not subject to the Appeals Policy and Procedures.
General
A land trust on probation remains on the accredited land trust list; if accreditation is revoked, the land trust is removed from the accredited land trust list. The Commission may, for the purposes of providing information to land trusts and the public, publish information which cannot be reasonably attributable to a specific organization about the reasons for which organizations were placed on probation and for which accreditation was revoked.
A land trust on probation remains on the accredited land trust list; if accreditation is revoked, the land trust is removed from the accredited land trust list. The Commission may, for the purposes of providing information to land trusts and the public, publish information which cannot be reasonably attributable to a specific organization about the reasons for which organizations were placed on probation and for which accreditation was revoked.
II. 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 not to be in compliance with Land Trust Standards and 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
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 not to be in compliance with Land Trust Standards and 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 findings and the reasons for these findings.
b. Specific actions or evidence the land trust must undertake or provide to show that it
a. An outline of the Commission's findings and the reasons for these findings.
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.
2. The land trust on probation will provide information to the Commission, on a
e. A timetable for Commission reconsideration of probationary status.
2. 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 Commission for consideration and action.
3. The Commission will review the information provided by the land trust at its next
3. 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 Land Trust
Standards and Practices and program requirements.
a. Probation ends with a vote of the Commission that the land trust is in compliance or
a. Probation ends with a vote of the Commission that the land trust is in compliance or
when expectations for improvement have been issued.
b. If the land trust fails to be in compliance with Land Trust Standards and Practices or
b. If the land trust fails to be in compliance with Land Trust Standards and Practices or
program requirements by the conclusion of the probationary period, the Commission
may vote to revoke the land trust's accredited status and revocation procedures
will begin.
B. Revocation Procedures
The Commission may vote to revoke the accredited status of a land trust when it is found through the Commission’s Compliance Confirmation Policy and Procedures not to be in compliance with Land Trust Standards and Practices or program requirements; when the Commission has determined that an accredited land trust has not satisfactorily explained or corrected matters during the time it was on probation; when the Commission has determined an accredited land trust failed to satisfy the conditions and confirm compliance during a conditional accreditation period; or when the land trust failed to provide the requested compliance confirmation or information requested during a conditional period by the specified deadline. The following steps will be taken once the Commission has made a decision to move forward with revocation (administrative revocation follows the procedures in section C).
The Commission may vote to revoke the accredited status of a land trust when it is found through the Commission’s Compliance Confirmation Policy and Procedures not to be in compliance with Land Trust Standards and Practices or program requirements; when the Commission has determined that an accredited land trust has not satisfactorily explained or corrected matters during the time it was on probation; when the Commission has determined an accredited land trust failed to satisfy the conditions and confirm compliance during a conditional accreditation period; or when the land trust failed to provide the requested compliance confirmation or information requested during a conditional period by the specified deadline. The following steps will be taken once the Commission has made a decision to move forward with revocation (administrative revocation follows the procedures in section C).
- 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, to have accreditation reconsidered, the land trust must complete the application used by those seeking first-time accreditation and pay all accreditation fees applicable to first-time applicants. This notification will also include requirements regarding any waiting period before a new application would be accepted.
c. Notification that the land trust must stop using the accreditation seal.
d. Notification of the Commission's Appeals Policy and Procedures.
2. After the period for initiating an appeal has expired, the land trust's name will be removed from the list of accredited land trusts distributed by the Commission, and the Commission will terminate the license agreement authorizing the use of the trademarked seal. (As specified in the Commission's Appeals Policy and Procedures, notwithstanding the above, in cases where the land trust subject to the action has knowingly or willfully violated Land Trust Standards and Practices or program requirements, has put its organization at risk or threatened the credibility of the accreditation program, and/or has obstructed the accreditation process, the Commission at its sole discretion may require that the land trust immediately cease using the accreditation seal. In this circumstance, the Commission may remove the name of the organization from the accredited land trust list immediately, before the appeal period has expired, so long as it reinstates the land trust's name if an appeal is successful.)
C. Administrative Revocation Procedures
The Commission's executive director is authorized to revoke accreditation by administrative action for failure to pay required accreditation fees. The following steps will be taken once a decision to move forward with revocation has been made.
1. The accredited land trust will receive a written notice stating that its accreditation has
The Commission's executive director is authorized to revoke accreditation by administrative action for failure to pay required accreditation fees. The following steps will be taken once a decision to move forward with revocation has been made.
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. Notification that the land trust must stop using the accreditation seal immediately.
b. Notification that all fees and any remaining installments are due and payable
a. Notification that the land trust must stop using the accreditation seal immediately.
b. Notification that all fees and any remaining installments are due and payable
immediately, with 30 days to submit payment.
c. Notification that having accreditation reinstated for the balance of the accredited term
will require payment of the full balance due and all applicable fees and penalties.
d. Notification that, if accreditation lapses, to have accreditation reconsidered the land
trust must complete the application used by those seeking first-time accreditation and
pay all outstanding balances and applicable charges as well as all accreditation fees
applicable to first-time applicants.
2. The Commission will remove the organization's name from the list of accredited land
trusts distributed by the Commission and will terminate the license agreement
authorizing the use of the trademarked seal.
Policy approved June 5, 2007
Amended February 25, 2010
Amended April 28, 2011
Amended December 1, 2011 (amendments effective April 2, 2012)
Amended December 6, 2012
Amended July 11, 2013
Amended January 30, 2015
Amended April 15, 2019
Please notify the Commission of any major changes in your land trust's structure or operation.