7.1 Vote Required for Probation, Sanctions, Censure, or Expulsion

The penalties of probation, sanction, censure, or expulsion may be imposed by the affirmative vote of a majority of all members of the Board of Directors.

7.2 Offenses

Should any member be found by the Board of Directors to have committed any of the following offenses, the Board must consider whether to invoke any of the provisions of this Bylaw with regard to the imposition of probation, sanctions, censure, or expulsion:

(a) failing to file Publisher's Statements as required by the rules;

(b) filing a false or fraudulent Publisher's Statement with the Bureau;

(c) refusing to allow an auditor of the Bureau full access at any time to all records as provided by the bylaws;

(d) failing to pay dues or other indebtedness as required by the bylaws;

(e) violating any bylaw or rule of the Bureau;

(f) violating any agreement made with the Bureau or its subsidiaries;

(g) dishonest, fraudulent or dishonorable conduct in dealings with the Bureau or its subsidiaries;

(h) any act deemed by the Board of Directors to be detrimental to the interests or welfare of the Bureau or its subsidiaries; such member may be censured, placed on probation or expelled by the Board of Directors;

(i) release of an audit of a daily newspaper with circulation of 25,000 or more, or the release of two consecutive audits of weekly newspapers, daily newspapers with less than 25,000 circulation and periodicals wherein the auditor adjusted the Publisher's Statement claims of circulation by 5% or more.

7.3 Charges by a Member

(a) Any member may file with the Board of Directors charges against any other member. Charges so filed shall be in writing; they shall specify the offense with reasonable detail and shall be signed by the person or persons making the charge or charges. A copy of such charge or charges shall be served by the managing director upon the accused member, either personally or by leaving the same at the member's business address as registered with the Bureau, during business hours or by mailing it to said members at said registered business address.

(b) Said member shall have 10 days from the date of such service to answer the same or such further time as the board in its discretion may deem proper. The answer shall be in writing, signed by the accused member, and filed with the managing director. A copy of said letter shall be sent to the member making the charges.

(c) Upon the answers being filed, or if the accused shall refuse or neglect to make answer as hereinbefore required, the board shall, at a regular or special meeting subsequent to the close of the 10-day period in which the answer is due, proceed to consider the charge or charges. Reasonable notice of such meeting shall be sent to the accused member; who shall be entitled to be personally present thereat and shall be permitted to examine and cross-examine all the witnesses produced before the board and also to present such testimony defense or explanation as the member may deem proper. After hearing all the witnesses and the member accused, if the member desires to be heard, the board shall determine whether or not the accused member has committed the offense or offenses charged. If it determines that the accused has committed the offense or offenses charged, the board may censure, place on probation or expel such member.

7.4 Charges by the Managing Director

If at any time the managing director shall have reason to suspect that any member has committed an offense, as defined in Bylaw 7.2, and no action has been taken by any member in accordance with Bylaw 7.3, the managing director shall investigate whether or not there is just ground for such suspicion. If there is just ground for such suspicion, the managing director is authorized to file with the board a written accusation against the suspected member stating specifically the acts or omissions charged. A copy of said accusation shall be served upon such member, who shall be required to answer and a hearing shall be held as provided in Bylaw 7.3.

7.5 Probation

When any member shall have been found by the Board of Directors to have committed an offense as defined in Bylaw 7.2, and placed on probation, the term of probation shall be fixed by the Board of Directors. All Publisher's Statements and Audit Reports released after the date such member is placed on probation and during the term of probation shall contain in a prominent place thereon a statement that said member is on probation. The statement and the form in which it is made is to be determined by management and shall set forth the designated sections of the bylaws or rules against which offense has been committed and the term for which probation has been fixed. During any period of probation, any use of the ABC insigne must be accompanied by a statement that the publication is on probation.

7.6 Sanctions

When any member shall have been found by the Board of Directors to have committed an offense, as defined by Bylaw 7.2, the Board of Directors may impose any one or more of the following sanctions:

(a) a notice of application of sanctions may be distributed to the entire membership, indicating the sanctions imposed by the Board of Directors.

(b) circulation data may be excluded from the ABC FAS-FAX report for a period of one year.

(c) the publication may be required to undergo six-month audits for a period of two years following the imposition of sanctions.

(d) the first audit to be released following the imposition of sanctions may be accompanied by a 'resumption of report services' notice, and, if applicable, such notice may make reference to the status of previously released Publisher's Statements and Audit Reports.

(e) a cash fine may be levied against the member.

(f) the member may be required to submit a ‘plan for corrective action,’ to be reviewed by ABC staff, and approved by the Board of Directors.

7.7 Censure

When any member shall have been found by the Board of Directors to have committed an offense, as defined by Bylaw 7.2, and is censured the following will occur:

(a) a notice of suspension of report services will be distributed to the entire membership, indicating that the member is censured.

(b) circulation data for a censured member will be excluded from the ABC FAS-FAX report for a period of one year immediately following the vote to censure.

(c) all censured publications must undergo six-month audits for a period of two years following the vote to censure.

(d) the first audit to be released following the vote to censure will be accompanied by a 'resumption of report services' notice, and, if applicable, such notice may make reference to the status of previously released Publisher's Statements and Audit Reports.

(e) a cash fine may be levied against the member.

(f) the member will be required to submit a ‘plan for corrective action,’ to be reviewed by ABC staff, and approved by the Board of Directors.

7.8 Expulsion

When any member shall have been found by the Board of Directors to have committed an offense, as defined in Bylaw 7.2, and expelled, a favorable vote of a majority of all members of the Board of Directors shall be required to readmit an expelled member. An expelled member shall not be readmitted to membership until all indebtedness to the Bureau existing at the time of the expulsion is paid; a readmission fee, to be fixed by the Board of Directors in each case, shall be required.

7.9 Appeal of Board Decisions

Any member who has been censured, placed on probation or expelled by the Board of Directors may appeal the decision to the membership at the next meeting thereof. The decision of the Board of Directors shall remain in full force and effect until reversed by the membership.