91Notice of intent to take disciplinary action

91 Notice of intent to take disciplinary action

[Section 91 Substituted by No. 26 of 2016, s. 48, Applied:01 Jan 2017]

(1)  If the Administrator believes, on reasonable grounds, that there may be cause for disciplinary action against a licence holder under this Part, the Administrator is to give the licence holder a notice of intent to take disciplinary action.

(2)  A notice of intent under subsection (1) is to –

(a) be in writing; and

(b) specify –

(i) that the Administrator believes there is cause for disciplinary action; and

(ii) the reasons the Administrator has for believing that there is cause for disciplinary action against the licence holder; and

(iii) that the Administrator intends to refer the matter to the disciplinary panel under section 92 ; and

(iv) that the licence holder, within 28 days after receiving the notice of intent, may make a written response to the Administrator as to why the disciplinary action should not be taken; and

(v) the procedure to be followed by the licence holder in making such a written response.

(3)  A licence holder who has been given a notice of intent may apply, in writing, to the Administrator for an extension of the period specified in subsection (2)(b)(iv) in respect of that notice of intent.

(4)  After receiving a written application under subsection (3) , the Administrator may, in respect of a notice of intent –

(a) grant a single extension of the period specified in subsection (2)(b)(iv) by such further period, not exceeding 14 days, as the Administrator considers appropriate in the circumstances; or

(b) refuse to grant an extension of the period specified in subsection (2)(b)(iv) .

(5)  After taking into account any written response made by a licence holder in accordance with , the Administrator may refer the matter specified in the notice of intent to the disciplinary panel under .