sec.81Show cause notice

sec.81 Show cause notice

This section applies if— the chief health officer believes a ground exists to suspend or cancel an authority; and the chief health officer— has not given, and does not propose to give, the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates; or has given the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates and the authority holder— fails to comply with the compliance notice within the period stated in the notice; and does not have a reasonable excuse for failing to comply with the notice. The chief health officer must give the authority holder a written notice (a show cause notice ) stating the following— the action (the proposed action ) the chief health officer proposes taking under this part; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the authority, the proposed suspension period; an invitation to the authority holder to show within a stated period (the show cause period ) why the proposed action should not be taken. The show cause period must be a period ending at least 21 days after the show cause notice is given to the authority holder. The authority holder may make written representations about the proposed action to the chief health officer in the show cause period. s 81 amd 2001 No. 78 s 185 (sec.81-ssec.1) This section applies if— the chief health officer believes a ground exists to suspend or cancel an authority; and the chief health officer— has not given, and does not propose to give, the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates; or has given the authority holder a compliance notice under section 125 (2) to rectify a matter to which the ground relates and the authority holder— fails to comply with the compliance notice within the period stated in the notice; and does not have a reasonable excuse for failing to comply with the notice. (sec.81-ssec.2) The chief health officer must give the authority holder a written notice (a show cause notice ) stating the following— the action (the proposed action ) the chief health officer proposes taking under this part; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the authority, the proposed suspension period; an invitation to the authority holder to show within a stated period (the show cause period ) why the proposed action should not be taken. (sec.81-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the authority holder. (sec.81-ssec.4) The authority holder may make written representations about the proposed action to the chief health officer in the show cause period.