Real Estate Act

Part 3 - Conduct Proceedings

Section 50 - Appeal Panel's Powers
50(1)

The appeal to the Appeal Panel shall be founded on the record of the hearing before the Hearing Panel and the decision of the Hearing Panel.

(2)

The Appeal Panel on an appeal may

  (a) grant adjournments of the proceedings or reserve the determination of the matters before it for a future meeting of the Appeal Panel;
  (b) on granting special leave for that purpose, receive further evidence;
  (c) draw inferences of fact and make a decision or finding that, in its opinion, ought to have been made by the Hearing Panel.
(3) Section 42(c) to (k) apply to proceedings before the Appeal Panel.
(4) The Appeal Panel shall, within a reasonable time from the date of the conclusion of all proceedings before it, do one or more of the following:
  (a) make any finding or order that, in its opinion, ought to have been made by the Hearing Panel;
  (b) quash,  confirm or vary the finding or order of the Hearing Panel or substitute or make a finding or order of its own;
  (c) refer the matter back to the Hearing Panel for further consideration in accordance with any direction that the Appeal Panel makes.
(5) The Appeal Panel may make an award as to the costs of an appeal determined in accordance with the bylaws.
(6) The Appeal Panel may order that its decision remain in effect until the Court makes its decision on an appeal.
(7) An industry member who is appealing a decision of an Appeal Panel to the Court under section 52 may, within 7 days of receiving a copy of the Appeal Panel’s decision under section 51, apply to the Appeal Panel for a stay of the decision pending the determination of the appeal to the Court under section 52.
(7.1) An application under subsection (7) must be served on the executive director.
(8) On application under subsection (7) 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.
(9) The executive director shall serve a copy of the Appeal Panel’s decision under subsection (8) on the industry member.
(10) If the Appeal Panel refuses to grant a stay, the industry member may, within 7 days of receiving a copy of the Appeal Panel’s decision under subsection (9), apply to the Court for an order staying the decision of the Appeal Panel pending the determination of the appeal to the Court under section 52.
(11) An application under subsection (10) must be served on the executive director.
 

RSA 2000 cR-5 s50;2007 c39 s27; 2009 c53 s157

 

Continue with Part 3 Section 51 - Decision

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