Disciplinary action
38 Disciplinary action
Where —
the licensee or other person liable to a warning or penalty does not consent to a summary determination or submit to the discretion of the CEO under section 37; or
it appears to the CEO that a penalty provided by section 40(1)(a) to (f) may not be appropriate or that effect has not been given under section 37(3) to the summary penalty imposed,
the CEO may make an allegation to the State Administrative Tribunal in respect of the matter.
If the CEO makes an allegation to the State Administrative Tribunal under subsection (1)(a), the CEO shall advise the Council that the allegation has been made.
If the CEO proposes to make an allegation to the State Administrative Tribunal under subsection (1)(b), the CEO shall first consult the Council.
[Section 38 inserted: No. 55 of 2004 s. 531; amended: No. 28 of 2006 s. 270.]
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