Real Estate Act

Part 6 - General

Section 83.1 - Appeal of an Administrative Penalty

A person to whom a notice to pay an administrative penalty is given under section 83(1) may, within 30 days after receipt of the notice, by notice of appeal in writing to the executive director, appeal the decision to a Hearing Panel.

(2) A notice of appeal under subsection (1)
  (a) must
    (i) describe the administrative penalty appealed from, and
    (ii) state the reason for the appeal,
  (b) must be accompanied with security for costs in an amount that is the lesser of 3 times the administrative penalty imposed and $1000.
(3) On receipt of a notice of appeal and security for costs, the executive director shall refer the matter to a Hearing Panel, which shall hold a hearing.
(4) Sections 41 and 42, but not sections 43 to 47, apply to the hearing of an appeal under this section.
(5) The Hearing Panel on an appeal may
  (a) quash, vary or confirm the administrative penalty, and
  (b) make an award as to costs of the investigation that resulted in the administrative penalty and of the appeal in an amount determined in accordance with the bylaws.
(6) The Hearing Panel’s decision under this section is final.
(7) The executive director shall serve a copy of the Hearing Panel’s decision on the appellant.

2007 c39 s47


Continue with Part 6 Section 83.2 - Production Order

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