35Hearing before the Commissioner

35 Hearing before the Commissioner (1) Where proceedings are held before the Commissioner in relation to a disciplinary offence which an AFP appointee is alleged to have committed, the Commissioner shall: (a) after taking into account: (i) any statement delivered to the Commissioner by the AFP appointee in accordance with paragraph 31 (2) (d); and (ii) if the AFP appointee appears before the Commissioner at the hearing, an oral statement made before him or her by the AFP appointee; determine whether the AFP appointee is guilty of the disciplinary offence or not; (b) record his or her determination in writing; and (c) cause a written notice of the determination to be served on the AFP appointee. (2) The Commissioner must not determine that an AFP appointee is guilty of a disciplinary offence unless the Commissioner is satisfied on the balance of probabilities that the AFP appointee is so guilty.