44Inquiries relating to complaints

44 Inquiries relating to complaints

(1)  [Section 44 Subsection (1) substituted by No. 49 of 2011, s. 36, Applied:12 Dec 2012] The Board must, if it is of the opinion that as a result of a complaint under section 42 or 43 or as a result of its own investigation –

(a) a person who is a registered veterinary surgeon or registered veterinary specialist; or

(b) a person who was formerly a registered veterinary surgeon or registered veterinary specialist –

should be required to show cause why he or she should not be dealt with under this Part, serve on the person a notice in accordance with subsection (2) .

(2)  A notice served under subsection (1) shall –

(a) notify the defendant that the Board will hold an inquiry in accordance with section 45 into a matter in respect of which he is required to show cause why the matter should not be dealt with under this Part;

(b) give particulars of the matter; and

(c) subject to subsection (3) , specify the time and place for the holding of the inquiry.

(3)  The time specified under subsection (2) (c) shall not, without the consent of the defendant, be less than 14 days after the date on which the relevant notice is served.

(4)  At the time and place specified in a notice served under this section, or such later time and at such place as may be fixed by the Board and notified by notice in writing served on the defendant, the Board shall hold an inquiry into the matter in respect of which the defendant is required to show cause.

(5)  An inquiry may be held in the absence of the defendant if the Board is satisfied that the defendant was served in accordance with this section with a notice of the time and place of the inquiry.

(6)  Where the Board is satisfied that a complaint made under section 42 or 43 is frivolous or vexatious, it shall dismiss the complaint forthwith.