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s 67

Power to hold inquiry

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Part 8Disciplinary provisions

67 Power to hold inquiry

(1)

The commission may hold an inquiry into the possible need to take action under this part against a licensee.

(2)

If the commission decides to hold an inquiry, the commission must give written notice of the inquiry to the licensee, inviting representations by or on behalf of the licensee within 28 days after the notice is given to the licensee or any longer period allowed by the commission.

(3)

Representations under subsection (2) may be made orally, in writing or both.

(4)

For the inquiry, the licensee, or an authorised representative of the licensee, may appear before the commission within the 28 day period or any longer period allowed by the commission.

(5)

If the commission gives a notice under subsection (2), it may, by further notice to the licensee, suspend the licensee’s licence until the end of the inquiry.

(6)

For subsection (5), the following provisions apply:

(a)

the commission must not give a notice under that subsection unless satisfied that suspension of the licensee’s licence is necessary in the public interest;

(b)

the commission is not obliged to grant the licensee an opportunity to make representations to the commission before suspending the licence;

(c)

if the commission does not give the licensee an opportunity to make representations to the commission before suspending the licence, the commission must give the licensee a reasonable opportunity to make representations why the suspension should be lifted;

(d)

if paragraph (c) applies, the commission must, as quickly as possible, make a decision about any representations made under that paragraph;

(e)

the commission may (in response to representations or on its own initiative) lift the suspension at any time before the end of the inquiry;

(f)

if, under paragraph (e), the commission lifts a suspension, it may do so on conditions notified in writing to the licensee.

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