122Conduct of investigations

#### 122 Conduct of investigations Respondent to be told about investigation (1) Before beginning an investigation of a matter to which a complaint relates, ESRA must tell the respondent that the matter is to be investigated. However, this rule does not apply if ESRA considers that, because of special circumstances, the investigation could be prejudiced if the respondent were to be told at that stage. Manner of conduct of investigation (2) An investigation under this Part is to be conducted as ESRA thinks fit. Inquiries (3) ESRA may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as it thinks fit. Appearances before ESRA (4) Subject to subsection (5), it is not necessary for a complainant or a respondent to be given an opportunity to appear before ESRA in connection with an investigation. Submissions to ESRA (5) ESRA must not, as a result of an investigation, make a finding that is adverse to a complainant or a respondent unless it has given the complainant or respondent, as the case requires, an opportunity to make submissions about the matter to which the investigation relates.