Real Estate Act

Part 3 - Conduct Proceedings

Section 52 - Appeal to Court
52(1)

An industry member in respect of whom an Appeal Panel has made a decision or the executive director may appeal the decision to the Court.

(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 application, which must describe the decision appealed and state the reasons for the appeal and be filed with the clerk of the Court
  (a) in the case of an appeal by the industry member, within 30 days after the industry member receives a copy of the decision of the Appeal Panel, and
  (b) in the case of an appeal by the executive director, within 30 days after the executive director receives a copy of the decision of the Appeal Panel.
(4)

If the industry member commences the appeal, the industry member shall serve on the executive director a copy of the application and the supporting documents not less than 15 days before the date set for the hearing.

(5)

If the executive director commences the appeal, the executive director shall serve on the industry member a copy of the application and the supporting documents not less than 15 days before the date set for the hearing.

(6) The appeal to the Court must be founded on
  (a) the record of the hearing before the Appeal Panel, and
  (b) a copy of the decision of the Appeal Panel.
(7) The Court on hearing the appeal may
  (a) make any finding or order that, in its opinion, ought to have been made,
  (b) quash, confirm or vary the decision of the Appeal Panel or any part of it,
  (c) refer the matter back to the Appeal Panel for further consideration in accordance with any direction of the Court, or
  (d) direct that a trial of any mixed questions of law and fact related to a finding or order, or both a finding and an order, of the Appeal Panel be held before the Court.
(8) The costs of preparing the record of the hearing before the Appeal Panel shall be paid by the appellant.
(9) The Court may make any award as to the costs of the appeal that it considers appropriate.
 

RSA 2000 cR‑5 s52;2007 c39 s28; 2009 c53 s157

 

Continue with Part 3 Section 53 - Temporary Order

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