Real Estate Act

Part 3 - Conduct Proceedings

Section 43 - Decision of Hearing Panel
43(1)

If a Hearing Panel finds that the conduct of an industry member was conduct deserving of sanction, the Hearing Panel may make any one or more of the following orders:

  (a) an order cancelling or suspending any authorization issued to the industry member by the Council;
  (b) an order reprimanding the industry member;
  (c) an order imposing any conditions or restrictions on the industry member and on that industry member’s carrying on of the business of an industry member that the Hearing Panel, in its discretion, determines appropriate;
  (d) an order requiring the industry member to pay to the Council a fine, not exceeding $25 000, for each finding of conduct deserving of sanction;
  (d.1) an order prohibiting the industry member from applying for a new authorization for a specified period of time or until one or more conditions are fulfilled by the industry member;
  (e) any other order agreed to by the parties.
(2) The Hearing Panel may, in addition to or instead of dealing with the conduct of an industry member under subsection (1), order the industry member to pay all or part of the costs associated with the investigation and hearing determined in accordance with the bylaws.
(2.1)  In the case of a hearing in respect of an appeal under section 40.1, the Hearing Panel may
  (a) quash, confirm or vary the decision of the executive director that is the subject of the appeal, and
  (b) order the industry member to pay all or part of the costs associated with the investigation and hearing determined in accordance with the bylaws.
(3) Repealed 2003 c31 s15.
 

RSA 2000 cR-5 s43;2003 c31 s15;2007 c39 s23

 

Continue with Part 3 Section 44 - Notice of Decision

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