Real Estate Act

Part 3 - Conduct Proceedings

Section 39 - Disposition by Executive Director
39(1) On completion of an investigation or on receipt of a report under section 38(5), as the case may be, the executive director shall
  (a) direct that no further action be taken, if the executive director is of the opinion that
    (i) the complaint is frivolous or vexatious, or
    (ii) there is insufficient evidence of conduct deserving of sanction,
  (b) if the executive director determines that there is sufficient evidence of conduct deserving of sanction,
    (i) refer the matter to a Hearing Panel,
    (i.1) issue a letter reprimanding the industry member, or
    (iii) impose an administrative penalty on the industry member in accordance with section 83 and the bylaws, where the matter involves a contravention by the industry member of a provision referred to in section 83(1).
(2) The executive director shall cause notice of a decision under subsection (1) to be served on the industry member and the complainant, if any.

RSA 2000 cR-5 s39;2007 c39 s17


Continue with Part 3 Section 40 - Appeal by Complainant

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