Part 3Discipline and offences
Discipline: Consideration of complaint by Board
101Notice of disciplinary proceedings
If the Board is required to hold a hearing in respect of any person, the chairperson must serve on the person concerned a notice—
- that contains a statement to the effect that the investigator has reason to believe that a ground exists entitling the Board to exercise its powers under section 106; and
- that contains the particulars that are reasonably necessary to clearly inform the person of the substance of the ground believed to exist; and
- that specifies a date, being not less than 20 working days after the date of service of the notice, on which the Board intends to hear the matter.
The notice may require the person to whom the notice is addressed to notify the Board in writing, not later than 10 working days after the date of service of the notice, whether the person intends to appear before the Board at the hearing of the matter.
If the person fails to notify that person’s intention under subsection (2), that person is entitled to appear and be heard at the hearing of the matter only on the conditions as to payment of costs and expenses or otherwise that the Board thinks fit.
Despite subsection (1)(c), the Board may hear the matter earlier than 20 working days after the date of service of the notice if the person concerned agrees.