sec.114Preliminary notice

### sec.114 Preliminary notice If the licensing committee considers that a ground may exist for taking disciplinary action against a person, the committee may give the person a written notice ( preliminary notice ) stating— that the committee is considering whether it should hold a hearing— to decide whether a ground exists for taking disciplinary action against the person; and if the committee decides a ground exists for taking disciplinary action—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and the ground that the committee considers may exist for taking disciplinary action against the person; and an outline of the committee’s understanding of the facts and circumstances forming the basis for the committee’s view that the ground may exist; and an invitation to the person to give the committee information the person considers the committee should consider before deciding whether to hold the hearing, including information the person considers would justify the committee in deciding not to act further under this part; and that, to ensure the licensing committee is required to consider the person’s information, the committee must receive the information within the fixed period after the date of the notice; and what the fixed period is. The preliminary notice must be dated not earlier than the day the notice is given. The licensing committee must consider information provided by the person in response to the preliminary notice if the information is received by the committee within the fixed period after the date of the preliminary notice. The licensing committee may consider, but is not required to consider, information provided by the person in response to the preliminary notice if the information is received by the committee after the fixed period. A preliminary notice may deal with— more than 1 ground; or more than 1 set of facts and circumstances. In this section— fixed period means 14 days, or a longer period fixed by the licensing committee for a particular preliminary notice. (sec.114-ssec.1) If the licensing committee considers that a ground may exist for taking disciplinary action against a person, the committee may give the person a written notice ( preliminary notice ) stating— that the committee is considering whether it should hold a hearing— to decide whether a ground exists for taking disciplinary action against the person; and if the committee decides a ground exists for taking disciplinary action—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and the ground that the committee considers may exist for taking disciplinary action against the person; and an outline of the committee’s understanding of the facts and circumstances forming the basis for the committee’s view that the ground may exist; and an invitation to the person to give the committee information the person considers the committee should consider before deciding whether to hold the hearing, including information the person considers would justify the committee in deciding not to act further under this part; and that, to ensure the licensing committee is required to consider the person’s information, the committee must receive the information within the fixed period after the date of the notice; and what the fixed period is. (sec.114-ssec.2) The preliminary notice must be dated not earlier than the day the notice is given. (sec.114-ssec.3) The licensing committee must consider information provided by the person in response to the preliminary notice if the information is received by the committee within the fixed period after the date of the preliminary notice. (sec.114-ssec.4) The licensing committee may consider, but is not required to consider, information provided by the person in response to the preliminary notice if the information is received by the committee after the fixed period. (sec.114-ssec.5) A preliminary notice may deal with— more than 1 ground; or more than 1 set of facts and circumstances. (sec.114-ssec.6) In this section— fixed period means 14 days, or a longer period fixed by the licensing committee for a particular preliminary notice. - (a) that the committee is considering whether it should hold a hearing— (i) to decide whether a ground exists for taking disciplinary action against the person; and (ii) if the committee decides a ground exists for taking disciplinary action—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and - (i) to decide whether a ground exists for taking disciplinary action against the person; and - (ii) if the committee decides a ground exists for taking disciplinary action—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and - (b) the ground that the committee considers may exist for taking disciplinary action against the person; and - (c) an outline of the committee’s understanding of the facts and circumstances forming the basis for the committee’s view that the ground may exist; and - (d) an invitation to the person to give the committee information the person considers the committee should consider before deciding whether to hold the hearing, including information the person considers would justify the committee in deciding not to act further under this part; and - (e) that, to ensure the licensing committee is required to consider the person’s information, the committee must receive the information within the fixed period after the date of the notice; and - (f) what the fixed period is. - (i) to decide whether a ground exists for taking disciplinary action against the person; and - (ii) if the committee decides a ground exists for taking disciplinary action—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and - (a) more than 1 ground; or - (b) more than 1 set of facts and circumstances.