Real Estate Act

Part 3 - Conduct Proceedings

Section 48 - Appeal to Appeal Panel
48(1)

An industry member in respect of whom a Hearing Panel has made a finding or order under section 43 or the executive director may appeal the finding or order to an Appeal Panel.

(2) The executive director may commence an appeal under subsection (1) only if the executive director determines that it is in the best interests of the public to do so.
(3) An appeal under subsection (1) must be commenced by a written notice of appeal, which must
  (a) describe the finding or order appealed, and
  (b) state the reasons for the appeal.
(4) A notice of appeal by the industry member must be served on the executive director within 30 days after the date on which the decision of the Hearing Panel is served on the industry member.
(5) A notice of appeal by the executive director must be served on the industry member within 30 days after the date on which the decision of the Hearing Panel is served on the industry member.
(6) A notice of appeal shall indicate that the Appeal Panel
  (a)

may proceed with the hearing of the appeal in the absence of the industry member who is the subject of the hearing, or

  (b)

if the industry member initiated the appeal, may dismiss or reschedule a hearing if the industry member does not attend the hearing.

(7) The executive director,
  (a)

on receiving a notice of appeal under subsection (4), or

  (b)

on serving a notice of appeal under subsection (5),

 

shall give to each member of an Appeal Panel a copy of the notice of appeal and make the record of the hearing available to each member of the Appeal Panel.

(8) The costs of preparing the record of the hearing shall be paid by the appellant.
(9) Despite subsection (8), the Appeal Panel may waive or reduce the payment of all or part of the costs of preparing the record.
(10) An industry member who is appealing a finding or order of a Hearing Panel to an Appeal Panel under this section may, within 7 days of receiving a copy of the Hearing Panel’s decision under section 44, by notice served on the executive director, apply to the Hearing Panel for a stay of the finding or order until the Appeal Panel renders its decision on the appeal.
(11) On application under subsection (10) and after allowing the executive director to make representations, the Hearing Panel may, if the Hearing Panel considers it appropriate to do so, grant the stay.
(12) The executive director shall serve a copy of the Hearing Panel’s decision under subsection (11) on the industry member.
(13) If the Hearing Panel refuses to grant a stay, the industry member may, within 7 days of receiving a copy of the Hearing Panel’s decision under subsection (12), by notice served on the executive director, apply to the Appeal Panel for a stay of the finding or order until the Appeal Panel renders its decision on the appeal.
(14) On application under subsection (13) and after allowing the executive director to make representations, the Appeal Panel may, if the Appeal Panel considers it appropriate to do so, grant the stay.
(15) The executive director shall serve a copy of the Appeal Panel’s decision under subsection (14) on the industry member.
 

RSA 2000 cR‑5 s48;2007 c39 s24

 

Continue with Part 3 Section 49 - Notice of Hearing

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