CODE OF CONDUCT AND DISCIPLINARY PROCEDURES
10.1.1 Each Member agrees to uphold the standards of behaviour and ethical conduct of a Professional and beyond those required of golfers and the public. The PGA has been the hallmark of honesty, fair dealings, courtesy and sportsmanship and each Member is bound to honour and uphold that tradition at all times, whether in business dealings, during competition, or off the golf course.
10.1.2 This section sets out both General Offences and Specific Offences for Players and Members. The standard of conduct expected from Members may extend beyond the offences listed in some cases. Any Member who has any doubts as to the conduct which is expected of them should contact the PGA for advice.
10.2 General Offences
In most circumstances the following acts or omissions will be considered to be breaches of the Code and if established will lead to a sanction being imposed upon a Member in accordance with Clause 10.6.
10.2.1 failure to comply with normally accepted standards of courtesy and golf etiquette;
10.2.2 failure to maintain, at all times in business or dealings as a Member, the professional integrity and high sense of honour incumbent on the Member in all dealings with clients, other Members, businesses or suppliers with whom the Member deals;
10.2.3 failure to observe a strict sense of honesty and fair dealings with clients. A Member is to at all times advise professionally in all golfing matters in the best interests of the client;
10.2.4 failure to honour all obligations promptly to clients, other Members and to the businesses and suppliers with whom the Member deals;
10.2.5 failure to comply with or abide by any PGA Membership Regulation, or other rules, directions, instructions or Policies of the PGA.
10.2.6 misbehaviour of a personal nature which is generally unacceptable by normal social standards;
10.2.7 conduct likely to injure or discredit the reputation of the PGA or any of its Members or conduct which is contrary to the Constitution or these Regulations;
10.2.8 A Member shall not apply for an employment or engagement contract for an incumbent Member’s position until such time as it is advertised in an appropriate PGA circular or other medium. Specific situations whereby a Member may enter into an employment or engagement contract without the position being appropriately advertised are outlined in the Guidelines for Applying for Advertised PGA Positions;
10.2.9 failure to report a breach of these Regulations by another Member of the PGA when the breach is known, or should reasonably be known to the Member or failure to co-operate in any inquiry or disciplinary hearing by the PGA;
10.2.10 Failure to comply with or abide by any breach of the Rules of Golf, Local Rules, Conditions of Competition, PGA Regulations or other rules, by-laws, directions or any other instruction as specified by the PGA that are considered to be more than a careless or negligent infringement and, in addition, where it is considered that disqualification from the tournament at which such breach has taken place is not a sufficient sanction on the Member;
10.2.11 failure to act at all times in the best interests of the PGA and the game of golf in order to enhance the goodwill of the game;
10.2.12 disparaging or acting in such a manner as to harm or discredit another Member or their standing or tenure, or otherwise embarrassing or undermining the integrity of another Member;
10.2.13 failure by a Member participating in an event, teaching or coaching activity or corporate golf day on any course or facility to invite the Resident Member to take part in the event. Where the organiser is not a Member, a Member engaged by the organiser is to ensure that the Resident Member is invited or advised; or
10.2.14 failure by a Member visiting any course or facility at which another Member holds an appointment to obtain the permission of the Resident Member or the Resident Member’s agent before playing or using the course or facility. Permission is to be given by the Resident Member when the Member is a guest of a member of the club concerned and green fees are payable where necessary.
10.2.15 Where a breach or alleged breach by a Member of a General Offence also constitutes a breach of a Specific Offence as outlined in clauses 10.3, 10.4 or 10.5 the matter shall be dealt with as a breach or alleged breach of the Specific Offence.
10.2.16 Three (3) or more Specific Offences within a 48 month period will be deemed a General Offence Each alleged contravention of a General Offence by a Member will be dealt with by the DISCIPLINARY COMMITTEE in accordance with clause 10.6.
10.3 Specific Tournament Offences (Level 1)
A breach by a Player of a Specific Tournament Offence (Level 1) outlined in this clause 10.3 is punishable by a fine of $50, which shall increase to $100 for a subsequent Level 1 offence within the 48 month period after imposition of the first penalty or, if appealed, final determination of the offence and penalty. If a Player receives 3 or more Specific Offence breaches of any level within the 48 month period the breach will be referred to the DISCIPLINARY COMMITTEE for hearing and the determination of a penalty.
10.3.1 Standard of Dress and Appearance
(a) A Player at a PGA Tour Tournament (Tier 1 and Tier 2) will be permitted to wear shorts for any pre-qualifying, practice round and for the tournament pro-am. Long pants/trousers must be worn for all tournament rounds.
(b) A Player at a Pro-Am Tournament, PGA Legends Tour Tournament or Trainee Tournament or who competes at any golf club or golf course for official tournament purposes must wear:
(i) a shirt with sleeves and collar;
(ii) tailored shorts if not wearing long pants/trousers (abbreviated shorts and denim jeans are not permitted either on the golf course or in a clubhouse. Abbreviated shorts include shorts with an elasticized waist, shorts supported by a drawstring, shorts extended below the knee and shorts with large “cargo” style pockets.);
(iii) white or black socks (not multi-coloured), visible at all times (both short and long socks are to be worn at their full length at all times, with PGA branded socks optional and available for Members); and
(c) The criteria outlined in 10.3.1(b) above is the minimum standard acceptable of a PGA Member but, where required, players must comply with any higher standard of dress as may be specified by a golf club or course management.
(d) The minimum standard of dress for Members when visiting any golf club or golf course outside official tournament purposes or tournament times is the minimum standard of dress required by that golf club or course management, or that specified by the Player’s Information Sheet.
(e) The size, location and quantity of any endorsement must not exceed the parameters outlined in the Policy for Player Endorsements.
(f) A Player at a National Pro-Am Tournament, PGA Legends Tour Tournament or Trainee Tournament who is required to accept a major tournament prize (Winner or 2nd Place) at the official tournament prize giving must be appropriately dressed, which means that at all times, the Player must wear closed shoes. This requirement is also in place for receipt of supplementary prizes such as a long drive or nearest the pin.
Note: A female Player competing in a PGA Approved Tournament will be required to wear golf clothing that confirms to the standards expected of Players competing on a Ladies Professional Tour.
10.3.2 Course Etiquette
(a) Non-raking of a bunker;
(b) Not positioning a rake outside of a bunker after use in a position least likely to affect play;
(c) Lack of verbal warning if hitting a ball close to spectators or other players
10.3.3 Practice at PGA Tournaments – A player who breaches the PGA Policy for Practice at PGA Tournaments on two occasions during a season will have any additional breach during the same season considered to be a subsequent Level 1 offence and the conditions of 10.3 Specific Tournament Offences (Level 1) will apply.
10.3.4 A player who breaches the PGA Policy for Conduct of Professionals at PGA Pro-Am Tournaments on a second occasion during a season will be considered to have committed a Specific Tournament Offence (Level 1) and the conditions of Membership Regulation 10.3 Specific Tournament Offences (Level 1) will apply.
10.3.5 Players remaining for Pro-Am presentations In respect of Pro-Am Tournaments, PGA Legends Tour Tournaments, Trainee Tournaments, or the pro-am component of a PGA Tour Tournament:
(a) a Player with a scheduled tee time that is one hour or less from the last tee time on the day must attend the presentations;
(b) if the tournament has a shot gun start, all Players must attend the presentation; and
(c) if the tournament has 2 shot guns starts in 1 day, all Players in the second shot gun start field must attend the presentation.
Caddies are at all times the responsibility of the Player engaging them. Any breach of the PGA Regulations, the Conditions of Competition to an event or the PGA’s Policy for Caddies by a caddie is deemed to be a breach by the Player and the Player may be subject to disciplinary proceedings under these Regulations, save for any breaches that fall under the Policy for Match-Fixing and Anti-Corruption from time to time.
10.3.7 Motorised Golf Carts
Where a Local Rule permits the use of a motorised golf cart in a Pro-Am or Tournament, a Player is not permitted to travel on the cart within 20 metres of the green unless on a dedicated cart path.
10.3.8 Behaving in a distractive manner
A Player (and/or the Player’s caddie) must not pace or measure the golf course, walk on greens or otherwise act in a distractive manner when a Tournament or pre-qualifying round is in progress, prior to a stipulated round.
10.3.9 Use of portable radio, mobile phone or audio recorder A Player (or the Player’s caddie) must not use a portable radio, mobile phone, or audio recorder during the course of play in a Tournament unless the use is in accordance with the provisions of the Policy for Mobile Phone Use.
10.3.10 Failure to spend a minimum of 30 minutes with amateur partners In respect of a pre-tournament pro-am for a PGA Tour Tournament, Pro-Am Tournament, a Player must spend a minimum of 30 minutes after completion of a round with amateur participants with whom the Player has played that day.
10.3.11 Deliberate Disqualification A Player competing in a Tournament must exercise the Player’s maximum golfing skill and play in a professional manner. A Player who deliberately disqualifies himself or herself may be subject to disciplinary action.
10.3.12 Seeking to change allotted time to play A Player must not:
(a) request a tee time;
(b) seek to change the allotted time at which they are to play in any Tournament; or
(c) exchange an allotted time with any other Player. Any communication by a Member regarding a tee time for a Pro-Am Tournament must be directed to the relevant Tournament Director or PGA staff member.
10.3.13 Withdrawal (Pro-Ams or Tournaments) In respect of a Pro-Am or PGA Tournament, a Player must not withdraw within 10 days of the event unless a Permitted Circumstance applies.
10.3.14 A Trainee Member in breach of any Specific Offence (Level 1) at a Trainee Tournament (excluding Tournaments with a State or National title) will have a 50% reduction on the fine imposed.
An alleged contravention of a Specific Offence (Level 1) by a Member will be dealt with by the PGA Representative and the Member may appeal any fine imposed under the Policy for Appealing a Breach Notice.
10.4 Specific Tournament Offences (Level 2)
A breach by a Player of a Specific Tournament Offence (Level 2) outlined in this clause 10.4 is punishable by a fine of $100, which shall increase to $200 for a subsequent Level 2 offence within the 48 month period after the imposition of the first penalty or, if appealed, final determination of the offence and penalty. If a Player receives 3 or more Specific Tournament Offence breaches of any level within the 48 month period, the breach will be referred to the DISCIPLINARY COMMITTEE for hearing and the determination of a penalty.
10.4.1 Official Score Recorders
A Player must co-operate when asked for details of their scores by the official score recorders (include scoring officials and television recorders) on the course.
10.4.2 Withdrawals Fiji PGA
A Player must not withdraw in the following circumstances:
(a) after the Close of Entries; or
(b) after 5:00pm on the Friday prior to the Tournament, unless a Permitted Circumstance applies.
10.4.3 Failure to start
A Player having entered or qualified to compete in a Tournament, competition or prequalifying event must not fail to start unless a Permitted Circumstance applies.
10.4.4 Prize Presentation Pro-Am Tournaments
A Player who is:
(a) the first place prize money winner in a stroke play tournament or competition; or
(b) a finalist or semi-finalist in any match play competition, must attend the presentation of prizes unless an adequate reason is given in writing to the official in charge of the tournament or competition prior to the presentation.
10.4.5 At a presentation of prizes made in the clubhouse or made on the golf course immediately after play is completed a Player who is to be presented with prize money must wear clothing as outlined in the Player’s Information Sheet.
10.4.6 Failure to attend post event Dinner, Luncheon or similar (PGA Tour Tournaments (Tier 2), Pro-Am Tournaments, PGA Legends Tour Tournaments and Trainee Tournaments)
A Player must:
(a) attend a tournament dinner, luncheon or similar such event for which attendance is compulsory as part of the Conditions of Competition for that event; or
(b) in the absence of such conditions, spend a minimum of 30 minutes after completion of a round with amateur participants with whom the Player has played that day.
10.4.7 An alleged contravention of a Specific Offence (Level 2) by a Player or Member will be dealt with by the PGA Representative and the Member may appeal any fine imposed under the Policy for Appealing a Breach Notice.
10.4.8 A Trainee Member in breach of any Specific Offence (Level 2) at a Trainee Tournament (excluding Tournaments with a State and National title) will be granted a 50% reduction on the fine imposed.
10.5 Specific Tournament Offences (Level 3)
A breach by a Player of a Specific Tournament Offence (Level 3) outlined in this clause 10.5 is punishable by a fine of $200 which shall increase to $400 for a subsequent Level 3 offence within the 48 month period after the imposition of the first penalty or, if appealed, final determination of the offence and penalty. If a Player receives 3 or more Specific Tournament Offence breaches of any level within the 48 month period, the breach will be referred to the DISCIPLINARY COMMITTEE for hearing and the determination of a penalty.
10.5.1 Serious Breach of Etiquette
(a) Club abuse (e.g throwing, breaking, striking with club);
(b) Use of audible obscenities;
(c) Damage to the course in any way;
(d) Dangerous play leading to, or which could have led to, serious third party injury
10.5.2 Injurious Conduct
(a) Criticism of the course, the competition, the sponsors or other officials connected with the competition; or
(b) Behaviour of a manner on the course or within the precincts of the clubhouse or anywhere within the boundaries of the golf course which in the opinion of the PGA will bring discredit to the Association or be offensive to the sponsors or the host club.
10.5.3 Failure to Compete in Pre-Tournament Pro-Am or attend Pro-Am Dinner at PGA Tour Tournaments (Tier 1) and (Tier 2) A Player must compete in a pre-Tournament sponsors’ day (Pro-Am) and attend a Pro-Am tournament dinner, lunch, cocktail party or similar when selected in accordance with clause 9.3.5 (except in circumstances where the PGA is of the reasonable opinion such failure was as a result of extreme personal circumstances on the part of the Player).
10.5.4 Withdrawal – PGA Approved Tournaments In respect of all PGA Approved Tournaments, a Player must not withdraw following the commencement of play by that Player in the Tournament unless a Permitted Circumstance applies.
10.5.5 Prize Presentation – PGA Tour Tournaments (Tier 1) and (Tier 2) A Player who is the winner or runner up of the tournament must be available to attend the prize presentation where required.
10.5.6 Media and Public Relations
(a) A Player or Member must not make comments to media that attack, disparage or criticise tournament sponsors or promoters, Tournament venues, fellow competitors, the PGA or its officials, unless the comments are responsible expressions of legitimate disagreement with PGA policies. This exception does not extend to public comments that a Member knows, or should reasonably know, will harm the reputation or interests of a tournament sponsor, promoter, Tournament venue, a Member, the PGA or its officials.
(b) A Player must make every effort to support all public relations and media activities, including compliance with reasonable requests from the Tournament media officer to attend the media centre to co-operate with the media immediately following completion of a Tournament round.
10.5.7 Gambling, Bribes and Gifts
(a) A Player must not have a financial interest dependent on such Player winning a Tournament.
(b) A Player (and the Player’s caddie) must not have any financial interest, either direct or indirect, in the performance, score, statistics, winnings, any shot or attire of the Player or any other Player in the Tournament (including but not limited to prospective financial interests relating to bets, bribes, purse-splitting, prize money insurance, or financial assistance).
(c) A Player may only enter into an arrangement with another Player to share any part of the prize money in a sanctioned teams event.
10.5.8 Participation in a Competing Tournament A Member must not, without the prior written consent of the Board, play (for gain or reward) in any tournament, exhibition, competition or event in Fiji where the Member is otherwise eligible to compete in a PGA Approved Tournament scheduled on the same date being played within Fiji.
10.5.9 An alleged contravention of a Specific Offence (Level 3) by Player or Member will be dealt with by the PGA Representative and any fine imposed may be appealed against by the Player or Member under the Policy for Appealing a Breach Notice.
10.5.10 A Trainee Member in breach of any Specific Offence (Level 3) at a Trainee Tournament (excluding Tournaments with a State or National title) will be granted a 50% reduction on the fine imposed.
10.6 Disciplinary Procedure
10.6.1 A person may make a complaint against a Member in respect of conduct by that Member, by notifying the PGA Representative. The nature of the complaint must be submitted in writing outlining the alleged conduct and nature of the complaint.
10.6.2 Where it appears to the PGA that:
(a) a Member may have committed an alleged breach of these Regulations (including any breach of the General Offences or the Specific Offences); and
(b) such breach may warrant the imposition of a penalty, a preliminary investigation will be conducted by a PGA Representative.
10.6.3 Breaches – Specific Level 1, 2 and 3 Tournament Offences
(a) If, in the course of an investigation, it is evident to the PGA Representative that a breach of the Specific Offences Level 1, 2 or 3 may have occurred, the PGA Representative is to issue the breach notice which will impose the specified fine for the relevant Specific Offence and give a written breach notice to the Member (Breach Notice).
(b) A Member may appeal a Breach Notice under the Policy for Appealing a Breach Notice. Any such appeal will be referred to the DISCIPLINARY COMMITTEE for hearing in accordance with clause 10.6.8.
(c) If a Member commits a Level 2 offence and then commits a Level 1 offence within a 48 month period, the fine will be $100 for the breach of the Level 2 offence and $50 for the Level 1 offence. A subsequent breach within the 48 month period will deemed a Level 3 offence and referred to the DISCIPLINARY COMMITTEE.
10.6.4 Breaches – General Offences
(a) If, in the course of an investigation, it is evident to the PGA Representative that a breach of a General Offence rather than a Specific Tournament Offence may have occurred, the PGA Representative is to:
(i) prepare a report accompanied by such written statements as may be appropriate from witnesses; and
(ii) submit such report to the SVD or TPC for consideration (the Report).
(b) If, upon consideration of the Report, the SVD or TPC concludes that there is a prima facie General Offence breach of these Regulations by a Member, then it shall notify that Member accordingly and send the Member a notice of hearing:
(i) with details of a hearing date, time and place agreed to by the DISCIPLINARY COMMITTEE.
(ii) setting out the nature of the prima facie breach of these Regulations; and (iii) attaching a copy of the Report to be considered by the DISCIPLINARY COMMITTEE at the hearing. 10.6.5 Reduced Fine for Good Conduct (a) If a Member of at least four (4) years standing has no record of an Offence under these Regulations in any prior 4 year period, the Member will be given a 50% reduction in the amount of any fine imposed under these Regulations provided that the fine is paid within 14 days of being issued (eg. a fine for a Level 1 offence may be reduced from $50 to $25 if paid within 14 days). (b) Should that Member commit an Offence under these Regulations within 4 years after determination of an earlier Offence, any fine imposed on the subsequent Offence with be double the amount applicable to that subsequent Offence. Note: In relation to Trainee Members, reduced fines for good conduct under clause
10.6.5 Do not apply as reduced fines already apply for such Members.
10.6.6 Loading Fee for Unsuccessful Appeals If a Member appeals against a fine imposed in relation to any Offence and the appeal is dismissed by the DISCIPLINARY COMMITTEE, the fine will be increased by an amount of 50% of the applicable fine (Loading Fee) (eg. a Level 1 appeal that is dismissed results in a fine of $75 (being $50 base rate + $25 Loading Fee).
10.6.7 Reconsideration of an Offence
If a Breach Notice has been issued and new evidence relevant to the subject matter of that Breach Notice is produced to the PGA or PGA Representative, that PGA Representative will refer the matter to the DISCIPLINARY COMMITTEE who in their sole discretion may:
(a) revoke the Breach Notice and any fine imposed on the Player or Member;
(b) reopen an investigation into the Offence;
(c) reconsider whether an Offence has been committed under these Regulations on the basis of that new evidence; and
(d) as a result of that reconsideration, reissue a Breach Notice on the Player or Member. A Player or Member may appeal a Breach Notice under the Policy for Appealing a Breach Notice.
10.6.8 Appeals and Disciplinary Hearing Procedure
(a) A hearing before the DISCIPLINARY COMMITTEE is informal and there are no fixed rules of evidence or procedure. The purpose of the hearing before the DISCIPLINARY COMMITTEE is to dispose of the matter as speedily and as informally as possible, consistent with the rules of natural justice.
(b) A Member is entitled to be represented at the hearing, either in person or by telephone or video conference, but only when the Member also attends the hearing either in person or by telephone or video conference (for sake of clarity the representative and the Member do not have to attend via the same method).
(c) If a Member wishes to be represented at the hearing, the Member must notify the specified PGA Representative convening the hearing of the name and relationship of the Member’s representative, no later than 72 hours prior to the hearing.
(d) A hearing of the DISCIPLINARY COMMITTEE must comprise not less than 3 Members of the DISCIPLINARY COMMITTEE.
(e) Subject to clause 10.6.8(f) below, a Member is not permitted to call a witness at the hearing.
(f) The DISCIPLINARY COMMITTEE may permit a Member to call a witness to a hearing if:
(i) the Member reasonably believes the Member cannot do justice to the Member’s case unless a particular witness or witnesses are present at the hearing; and
(ii) the Member gives reasonable notice to the DISCIPLINARY COMMITTEE outlining the basis for that reasonable belief.
(g) Where approval for a Member to call a witness is given by the DISCIPLINARY COMMITTEE in accordance with clause 10.6.8(f), the DISCIPLINARY COMMITTEE will direct the PGA Representative convening the hearing to request the attendance of such witness to give evidence before it in the presence of the Member, and the DISCIPLINARY COMMITTEE will, if necessary for that purpose and if it thinks fit to do so, adjourn the hearing to another date.
(h) At the hearing the Member:
(i) will be given the opportunity to present evidence and materials in support of the Member’s case in such manner as the Member thinks appropriate, and at conclusion of the hearing the Member may summarise the evidence and make such submissions relevant to the alleged offence as the Member may determine;
(ii) will be given the opportunity to question any witnesses present at the hearing; and
(iii) may be subject to questioning by the DISCIPLINARY COMMITTEE, as may any of the witnesses who give evidence before the DISCIPLINARY COMMITTEE.
(i) Any decision of the DISCIPLINARY COMMITTEE is to be determined by a majority of votes cast with each Member of the DISCIPLINARY COMMITTEE determining the matter having 1 vote. In the case of an equality of votes the Chairman will have a second casting vote.
(j) The DISCIPLINARY COMMITTEE may give its decision at the conclusion of the hearing or subsequently as it may think fit and will confirm such decision in writing within 7 days after the hearing.
(k) When the DISCIPLINARY COMMITTEE determines that a breach of a General Offence has occurred, it may impose such penalty as it deems appropriate having regard to the circumstances, including:
(i) a reprimand;
(ii) a censure;
(iii) a fine as per the Regulations for specific offences;
(iv) suspension of membership;
(v) suspension from participation in one or more Tournaments or for a given period;
(vi) a recommendation to the Board under clause 4.9 of the PGA Constitution to terminate Membership; or
(vii) any other penalty the DISCIPLINARY COMMITTEE deems appropriate in the circumstances.
(l) A decision by the DISCIPLINARY COMMITTEE to impose or uphold a penalty following an appeal or hearing relating to Specific Offences is final and may not be appealed to the Appeals Tribunal.
10.7 General Offence Appeals Tribunal
10.7.1 A Member may appeal to an Appeals Tribunal against a decision by the DISCIPLINARY COMMITTEE in relation to a General Offence by giving a notice of appeal within 14 days after receipt of the notice of the decision, together with payment of an appeal fee of such amount as determined by the Board from time to time which, until otherwise determined, is $100. Such amount is refundable to the Member if the Appeals Tribunal upholds the appeal by the Member in full.
10.7.2 The decision of the DISCIPLINARY COMMITTEE and enforcement of any penalty imposed shall be stayed until the appeal has been heard.
10.7.3 The notice of appeal by the Member is to be made via the official appeals form and must state the grounds of appeal which shall be:
(a) on a matter of fact including the introduction of new evidence;
(b) on a question of the application or interpretation of the Constitution and/or these Regulations;
(c) against the severity of the punishment requesting a reduction in the fine or other penalty imposed; or
(d) in any combination of paragraphs (a), (b) and (c) above.
10.7.4 The appeal will be by way of re-hearing de novo and the Appeals Tribunal will consider all and any evidence or information put before it whether or not the same was given at the hearing before the DISCIPLINARY COMMITTEE.
10.7.5 The appeal hearing may be held in such manner and by using such technology as reasonably determined by the Appeals Tribunal in order to hear and determine the appeal as speedily and informally as possible consistent with the rules of natural justice.
10.7.6 The Member may be represented and/or assisted at the hearing before the Appeals Tribunal, however, subject to clause
10.7.7 Neither the Member nor the Member’s representative may approach, directly or indirectly, any of the persons who have already made statements or given evidence at the hearing before the DISCIPLINARY COMMITTEE other than those witnesses put forward by the Member. 10.7.7 The Member may by notice in writing given not less than 7 days before the hearing request to the relevant PGA Representative to bring before the Appeal Tribunal on the hearing of the appeal any such persons who gave evidence at the hearing by the DISCIPLINARY COMMITTEE, and the Appeals Tribunal in its discretion may adjourn the hearing of the appeal to enable the appearance of any such persons before it.
10.7.8 The Member must notify the specified PGA Representative convening the hearing of the name and relationship of the Member’s representative, no later than 72 hours prior to the hearing.
10.7.9 At the hearing of the appeal the Member has the same rights and is subject to the same obligations as set out in clause 10.6.8(h).
10.7.10 The Appeals Tribunal may give its decision at the conclusion of the hearing of the appeal or subsequently as it may think fit and will confirm such decision in writing to the Member within 7 days after the hearing.
10.7.11 The Appeals Tribunal may uphold the decision of the DISCIPLINARY COMMITTEE and disallow the appeal or it may allow the appeal in whole or in part and may in its absolute discretion remit, reduce, increase or otherwise vary any penalty imposed by the DISCIPLINARY COMMITTEE.
10.8.1 The PGA will maintain a register of all reports and breaches, their status and decisions related to these Regulations.
10.8.2 Any Offence committed by a Member will only remain on a Member’s record for a period of 4 years from the date such Offence was committed or, in the case where the Offence is the subject of an appeal, from the date the appeal is determined.
A Member is not entitled to commence or maintain any proceedings in any court or any other tribunal with respect to the alleged conduct of another Member unless and until the procedures or appeal process contained in these Regulations have been exhausted.
With respect to any hearing conducted pursuant to clauses 10.6 or 10.7, it is the responsibility of the parties to bear their own costs.
10.11 Enforcement of Payment
Any fine, penalty, specified action or fines and costs imposed by the PGA Representative, the DISCIPLINARY COMMITTEE, or Appeals Tribunal shall be payable within the time stipulated (except that in the case where an appeal has been lodged with the DISCIPLINARY COMMITTEE or Appeals Tribunal such payment shall be suspended pending the hearing of that appeal), or where no such time is stipulated within 14 days of notification of such fine or cost. A default of such payment on its due date will result in the member being immediately suspended for the period of 90 days (from invoice date), unless all policies of the PGA have been followed. Should the fine or cost remain outstanding after 90 days, the matter will be dealt with as per Clause 3.4 of the Membership Regulations.