Article III: Members–Resignation, Discipline, Mediation, Suspension/Expulsion & Advertising
Section 1. Resignation
A member may resign from the Association upon written notice to the Association. Any member who resigns while he or she is indebted to the Association in any manner shall not be eligible to reapply for membership until such indebtedness is fully paid. Any member who resigns while bylaw or ethics violations are pending shall not be eligible for membership unless his or her application for membership (or request for reinstatement) is approved by the Board of Governors.
Section 2. Discipline
a) Any member committing any unethical act in his or her dealings with others, unjustly defaming the character of any other member, interfering with the activities of the Association, committing a criminal offense, engaging in conduct unbecoming a member, engaging in conduct prejudicial to the welfare of the Association, engaging in conduct which brings disrepute upon the Association, violating any of the provisions of these bylaws or any codes of ethics adopted by the Board of Governors, or failing to respond to a complaint made pursuant to Section 3 of this Article III, shall be subject to discipline, up to and including expulsion, as hereinafter provided.
b) The following conduct shall conclusively be deemed to be "conduct unbecoming a member" and "conduct prejudicial to the welfare of the Association" without further proof or evidence:
i) Selling and/or trading by any member on more than three occasions of counterfeit or altered numismatic items, irrespective of his or her lack of knowledge as to the authenticity thereof, where the methods and selling practices indicate an intentional disregard for honest sales or trading practices with others;
ii) Selling and/or trading by any member on one or more occasions of counterfeit or altered numismatic items with knowledge as to the lack of authenticity thereof;
iii) The intentional selling and/or trading of any numismatic item that has been chemically or mechanically altered by means not generally accepted by numismatic standards and that is represented to be of a higher, or of a more nearly perfect condition than was the numismatic item prior to its alteration. The consistent advertising or offering for sale or trade of any such numismatic item shall be prima facie evidence that the sale of such items is intentional.
c) The refusal by a seller to refund the purchase price of a numismatic item that has been conclusively determined to be counterfeit or altered, shall be prima facie evidence of "conduct unbecoming a member."
d) The selling and/or trading of reproductions or other altered numismatic items generally accepted and collected by numismatists or that are identified in compliance with the Hobby Protection Act and not in any way misrepresented as genuine shall not be deemed to constitute "conduct unbecoming a member" or "conduct prejudicial to the welfare of the Association." Such reproduction or other altered numismatic item must be advertised and offered as such.
Section 3. Mediation
A mediation policy has been established for adjudicating complaints alleging violations of the bylaws and codes of ethics. The following are the basic minimum rights of ANA members with regard to any allegations of violations of the bylaws and codes of ethics:
a) Mediation may be commenced only by a written request for mediation. Mediation forms shall be available on the ANA's www.money.org website or will be mailed to any person requesting such form.
b) After a written request for mediation is filed, a copy thereof shall be provided to the person whom the form identifies as the Respondent, and the Respondent shall have an opportunity to respond to the allegations contained in the request for mediation.
c) Only the Board of Governors may expel a member.
The mediation policies and procedures shall be available on the Association's website at www.money.org, or they shall be provided by mail upon a request made to Association headquarters at 818 North Cascade Avenue, Colorado Springs, CO 80903. All requests for mediation involving Association members shall be administered in accordance with the mediation procedures contained in the Policy Manual.
Section 4. Suspension & Expulsion
a) A member may be suspended or expelled by the Board of
Governors without invoking
the requirements of the mediation policy when there has been a serious violation of the Member
or Dealer Code of Ethics and/or these bylaws, provided however, that prior to suspending or expelling a member:
i) The Association shall notify such member in writing as to the exact nature of the violation(s) that he or she is alleged to have committed;
ii) The Association shall notify the member as to the date and place of the meeting at which the Board will decide whether such Member should be suspended or expelled;
iii) The member shall receive notice by any form of reasonable delivery, provided that a return receipt or other acknowledgment of receipt is obtained, at the address last furnished to the Association, and such notice shall be sent at least 30 days prior to the date of such meeting;
iv) The member shall be afforded a reasonable opportunity to respond to such proposed action and may submit a letter and/or other data to the Board in opposition to such suspension or expulsion;
v) The member may request a hearing before the Board, in person or by representative, with regard to the alleged violation(s) and allegation(s), and he or she shall be given a reasonable opportunity to respond to the allegations;
vi) Upon advance request, the Association shall permit such member and/or representative to appear by any generally accepted electronic means reasonably available at the hearing location;
vii) The Board shall not be required to postpone its consideration of such suspension or expulsion and its action thereon by reason of the inability of such member to be personally present at such meeting, but may do so upon presentation of good cause.
b) The Executive Director shall have the right to temporarily suspend any member who fails to respond to a complaint, who fails to pay any indebtedness to the Association that is three months or more overdue, or fails to return any library book or other property to the Association within two months after demand is made therefore. In any such case, the complaint will be referred to the Board of Governors, with the report of action of the Executive Director. The Board may affirm, modify or reverse the action of the Executive Director or request further information prior to taking any action on the complaint. The Executive Director shall reinstate any member who has been temporarily suspended under this Section 4 provided that such member has complied with all requirements necessary to cure the default on which such suspension action was based.
c) The Board of Governors shall have the right to, but shall not be obligated to, publish notice of any expulsion under this Section 4 in The Numismatist.
d) Except as otherwise provided in this Article III and in the Association's Mediation Policy, only the Board of Governors may reinstate the membership of any person or entity who has been expelled from the Association. Any member who has been suspended or expelled may not rejoin the Association without first applying for reinstatement of his or her membership.
Section 5. Advertising
The Executive Director shall maintain advertising policies and procedures in the Policy Manual and shall administer such policies as directed by the Board of Governors. Such policies will deal with advertising in the Association's publications, the Association's website, and advertising in other publications or websites when Association membership is referenced by the member-advertiser.