36Taking disciplinary action

36 Taking disciplinary action (1) If the chief health officer proposes to take disciplinary action in relation to a person, the chief health officer must give the person a written notice (a disciplinary notice) that— (a) states the proposed action (including any proposed disqualification period, suspension period or amendment of a licence); and (b) states the grounds for the proposed action; and

(c) tells the person that the person may, not later than 14 days after the day the person receives the notice, give a written response to the chief health officer about the notice. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) In deciding whether to take disciplinary action, the chief health officer must consider any response given to the chief health officer by the person in accordance with the notice. (3) The chief health officer may take the proposed disciplinary action in relation to the person if satisfied that— (a) a ground for taking disciplinary action has been established in relation to a person; and (b) if the ground is a ground mentioned in section 34 (1) (c) or (2) (c)—it is in the public interest for the proposed disciplinary action to be taken in relation to the person. (4) The chief health officer must give the person written notice of the chief health officer’s decision. (5) Disciplinary action under this section takes effect 14 days after the day when the notice of the decision is given to the person or, if the notice states a later date of effect, that date. Note For the return of the licence to the chief health officer, see s 40.