21When complaints about professional conduct are to be investigated by the Board

21 When complaints about professional conduct are to be investigated by the Board

S. 21(1) amended by Nos 103/2003 s. 51, 48/2010 s. 52.

(1) The Board must investigate a complaint concerning the professional conduct of the practitioner about whom the complaint has been made unless the Board has determined the complaint to be lacking in substance or vexatious.

(2) In order to determine whether or not it is necessary to conduct a formal or informal hearing into a complaint, the Board must conduct a preliminary investigation into the complaint.

(3) The Board may, in writing, delegate to—

(a) an officer of the Board; or

(b) a lawyer or investigator retained by the Board; or

S. 21(3)(c) substituted by No. 22/2022 s. 177.

(c) a subcommittee of the Board consisting of a member of the Board and one or two other persons, each of whom must be either a member of the Board or an approved person, who are all named in the delegation—

its power to conduct a preliminary investigation into a complaint, other than its power to make determinations upon a preliminary investigation.

(4) The Board must ensure that any person who provides information to the Board during the course of an investigation is made aware that the investigation is being conducted.