10Consideration of application

10 Consideration of application

(1)  Within 10 working days after an application is lodged with the reviewing authority, the reviewing authority must –

(a) subject to subregulation (3) and regulation 11 , consider the application; and

(b) make a finding under regulation 12 , or a determination under regulation 13 , in respect of the application.

(2)  A reviewing authority, in considering an application, must –

(a) observe the rules of natural justice; and

(b) ensure that each employee or agent of the department that is engaged in the review process –

(i) was not involved in making the administrative decision under review; and

(ii) is not under the direct control of a person who was involved in making the administrative decision under review.

(3)  A reviewing authority, in considering an application, may –

(a) engage an independent mediator to assist in the review process; and

(b) consult with any representatives of, or organisations in, a sector of the transport industry if –

(i) the administrative decision under review relates to matters that are of general importance to that sector; and

(ii) it is possible to do so without prejudice to the applicant; and

(c) by notice to the applicant, require the applicant to give to it any further information or evidence that the reviewing authority reasonably considers is necessary for a proper consideration of the applicant’s application.

(4)  For the purposes of subregulation (1) , if a reviewing authority requests further information or evidence under subregulation (3)(c) in respect of an application –

(a) that application is taken to have been lodged when the information or evidence so requested is provided to the reviewing authority; and