Real Estate Act

Part 3 - Conduct Proceedings

Section 40 - Appeal by Complainant

A complainant who is served with a notice of a decision

  (a) under section 38.1(2) not to investigate a complaint or to discontinue investigating a complaint, or
  (b) under section 39(2) that no further action will be taken

may, within 30 days after receipt of the notice, by notice in writing to the executive director, appeal the decision to a Hearing Panel.


On an appeal under subsection (1), the Hearing Panel shall determine whether

  (a) the complaint is frivolous or vexatious or there is insufficient evidence of conduct deserving of sanction, or
  (b) there is sufficient evidence of conduct deserving of sanction to warrant a hearing by the Hearing Panel and shall notify the complainant and the industry member in writing of its decision.
(3) A Hearing Panel’s decision under subsection (2) is final.
(4) If the Hearing Panel determines that a complaint is frivolous or vexatious, it may by notice in writing order the complainant to pay to the Council the costs of conducting the investigation and of the appeal determined in accordance with the bylaws.

RSA 2000 cR‑5 s40;2007 c39 s18


Continue with Part 3 Section 40.1 - Appeal by an Industry Member

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