Ethical Considerations for operating a collision repair facility

Training, Education, Background, Technical Data Collision repairers will exhibit proof of experience by Education or Training and Background to operate a collision repair facility.

1. Training:
   1. May consist of all or any combination of pertinent PRB accepted.
   2. Courses offered by Technical School, Vocational School, Recognized post-secondary educational institutions.
   3. I-CAR training.
   4. ASE certification.
   5. Provided by internships with collision repair facilities.
   6. Certification programs offered by motor vehicle manufacturers.
   7. By Suppliers.
   8. From Equipment Manufacturers.
   9. From Paint and Material Suppliers.
   10. Any combination accepted by PRB.
2. Education
   1. Education programs offered by recognized collision repair organizations.
   2. Education programs offered by external organizations whose programs are approved by collision repair organizations and the PRB.
   3. Collision repairers will engage in continuing education and/or certification to ensure they remain proficient at the repair of one or more specific types of motor vehicles.
   4. Programs promoted and approved by the PRB
3. Background
   1. Collision repairers with substantial experience and demonstrating competency by time served in the industry providing proof of and historical background supported by written verification from at least 2 PRB members as sponsors.
4. Technical Data
   1. Collision repairs will offer proof of access to current technical data for specific repair procedures, safety reference and approved repair processes from accredited sources in IT format or from a DVD reference library obtained direct from manufacturers.

Peer Review Board and Peer Review Panel Qualifications

To provide for self-regulation and to encourage the use of best practices by persons involved in collision repair, it is agreed a collision repair Peer Review Board will be appointed to govern the professional activities of collision repairers, to investigate complaints against repairers, and to act upon complaints or violations of the Collision Repair Code of Ethics. The Peer Review Board may establish additional panels to consider and adjudicate complaints, which may then be reviewed by the Peer Review Board.

1. Peer Review Board (PRB) will consist of five (5) to ten (10) members.
2. PRB may consist of collision repairers and associate members.
3. Peer Review Panel (PRP) will consist of three (3) to five (5) members.
4. PRB will meet at least once per month, or as agreed.
5. PRB approval is required to create a PRP.
6. If PRB does not elect to create a PRP, the PRB can be the review panel.
7. The PRP is responsible for hearing complaints and imposing sanctions on a collision repairer for violations of the ARA Collision Repair Code of Ethics.
8. PRP may be created and/or be dissolved as deemed necessary by the Board.
9. The PRB may determine the length of time a PRP may sit.
10. PRB members must have a minimum of (15) years of collision repair experience before becoming eligible to serve on a PRB
11. PRP members may not have collision repair experience but must have industry experience, ie jobber or supplier to serve on a PRP.
12. Collision repair experience for PRB membership is defined as “hands on” experience in a registered collision repair facility.
13. PRP will have the ability to review complaints pertaining to workmanship, safety, and any issues governed by the Disciplinary Rules.
14. PRP will have the ability to issue decisions and recommend the imposition of sanctions to the PRB as the PRP deems appropriate.
15. PRP decisions may be appealed to the PRB.
16. The PRB will establish rules governing the complaint process, hearing process, appeal process, and sanctions appropriate for misconduct.
17. The PRB will establish rules governing the selection process for PRB and PRP service ensuring impartiality of any PRB, PRP, guaranteeing the adequacy of the adjudicatory process.

Misconduct

It is professional misconduct for a collision repairer or collision repair facility to knowingly participate in any of the following in the conduct of collision repair activities:

1. 1. Violate or attempt to violate with ambiguity the Collision Repair Code of Ethics or knowingly assist or induce another to do so, or do so through the acts of another;
   2. Commit an illegal act that reflects adversely on the collision repairer or collision repair businesses’ honesty or trustworthiness;
   3. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
   4. Engage in conduct that constitutes “bidding” for collision repair work;
   that is arranged, controlled, redlined or influenced by a third party;
   5. Engage in conduct, including a failure to act, that adversely affects the safety of any member of the motoring public, including passengers;
   6. Falsely report that a collision repairer or collision repair facility has engaged in professional misconduct.
   7. Engage in activity where a conflict of interest exists between parties unless all the parties agree in writing and are represented by counsel;
2. Reporting Professional Misconduct
   1. A collision repairer who possesses knowledge of a collision repairer’s or repair facility’s violation of the Collision Repair Code of Ethics shall inform the Peer Review Board or other disciplinary authority empowered to investigate or act upon such a violation.
   2. A collision repairer who possesses knowledge of a collision repairer’s or repair facility’s violation of any state or federal consumer protection statute shall inform a regulatory authority empowered to investigate or act upon such a violation.
   3. A collision repairer who possesses knowledge of a collision repairer’s or repair facility’s violation of any state or federal vehicle code or safety regulation or statute shall inform a regulatory authority empowered to investigate or act upon such a violation.
   4. A collision repair member shall accept written complaints against members and refer the complaint to the association for processing of the complaint before the PRP and PRB.