Real Estate Act

Part 3 - Conduct Proceedings

Section 41 - Duty to Hold Hearing

A Hearing Panel shall hold a hearing

  (a) on referral of a matter to it under section 39(1)(b);
  (b) on deciding under section 40(2) that a hearing should be held;
  (c) on referral of a matter to it under section 40.1.

A hearing under subsection (1) must be commenced within 60 days after the date on which the matter is referred to the Hearing Panel or the Hearing Panel makes its decision under section 40, or within any other period prescribed by the Council.

(3) At least 15 days before the date set for a hearing, the executive director shall serve on the industry member and any other person who in the opinion of the Hearing Panel is directly affected by the subject‑matter of the hearing a notice of the hearing stating the date, time and place at which the Hearing Panel will hold the hearing and giving reasonable particulars of the matter in respect of which the hearing will be held.
(4) A notice of hearing shall indicate
  (a) whether oral or written submissions, or both, will be accepted by the Hearing Panel, and if written submissions will be accepted, the date by which they must be received by the Hearing Panel, and
  (b) that the Hearing Panel
    (i) may proceed with the hearing in the absence of the industry member who is the subject of the hearing, or
    (ii) if the industry member initiated the appeal, may dismiss or reschedule a hearing if the industry member does not attend the hearing.

RSA 2000 cR‑5 s41;2007 c39 s20


Continue with Part 3 Section 41.1 - Hearing in Absence of Industry Member

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