In Best Western hearings, who bears the burden of proof for charged violations and compliance with procedures?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
- E. The order of proceeding during hearings shall be as determined by the Board, provided the Member has a full and fair opportunity to present relevant and material evidence in support of his position. The burden of proof of charged violations sufficient to justify cancellation of Membership and of compliance with the procedures required by the Bylaws and these Rules and Regulations shall be upon the Association.
- F. The Board shall be the sole judge of the relevancy and materiality of proffered evidence; conformity to legal rules of evidence shall not be required. All evidence shall be taken in the presence of all of the parties, except any party who has been given notice of the hearing and who fails or refuses to attend other than by reason of exclusion from the hearing by the Board, unless such exclusion is based upon gross and disruptive misconduct at the hearing. In the event a party is excluded for gross and disruptive misconduct, the Board shall make a specific finding of such misconduct before ordering the party's exclusion from the hearing. The Board may, in its sole discretion, receive and consider evidence by way of affidavit, written statement or letter or telephone call, but shall give such evidence only such weight as the Board deems appropriate.
- G. Whenever the Board deems it necessary to view and inspect the Member Property, it shall advise the Member of its intention and of the date and time that the assessment shall take place. Whenever the Member requests
Source: Item 23 — Receipts (FDD pages 108–413)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, in hearings regarding violations and compliance, the burden of proof rests upon the Association, meaning Best Western itself. This means that Best Western must demonstrate sufficient evidence to justify the cancellation of a membership due to charged violations and prove that they have followed the necessary procedures as outlined in the Bylaws and Rules and Regulations.
This allocation of the burden of proof is a significant protection for Best Western members. It ensures that Best Western cannot arbitrarily cancel a membership without providing concrete evidence of the alleged violations and demonstrating adherence to established procedures. The member has the right to a fair hearing where they can present evidence to challenge the claims made against them.
The Board of Directors ultimately determines the order of proceedings during hearings, ensuring the member has a fair opportunity to present their case. While legal rules of evidence are not strictly required, the Board acts as the judge of the relevance and materiality of the evidence presented. This process aims to balance the need for efficient resolution with the member's right to due process.
Best Western may use affidavits, written statements, letters, or telephone calls as evidence, but the Board determines the weight given to such evidence. The Board may also inspect the member's property, providing advance notice to the member. This process ensures transparency and allows the member to address any concerns raised during the inspection.