specify the decision to which the application relates;
specify the reasons why the review is sought and the outcome sought from the
appeals panel; and
a)
b)
be submitted to the secretariat within 14 days of publication of the decision or
c)
after that period with the consent of the secretariat.
On receipt of a valid application for review under subsection (1), the secretariat shall
experts
select an appeals panel comprising a member or members from the register of
having regard to the—
a) suitability of the expert to hear the subject matter of the appeal; and
b) availability of the expert.
(3)
(4)
If more than one member is appointed to the appeals panel the secretariat shall designate
one member of the panel as the Chair whose opinion shall determine the appeal in the
event of a tie.
6)
The appeals panel—
a)
shall give a copy of the application for review to persons affected by the decision
under review and any other person who made a submission to the Commission ina
consultation relating to the decision under review, and invite such persons to make
b)
may determine an application on the papers or convene a hearing in person or by
c)
submissions;
teleconference or other means that permits all those participating to communicate
with each other simultaneously and instantaneously; and
provided that
inall other matters, may determine their own procedures as they see fit,
over
such procedures do not give one person affected by the decision an advantage
any other person affected by the decision.
(6)
An appeal shall be by way of rehearing on the evidence before the Commission. The
appeals panel—
a)
b)
the
shall take into account information submitted by a party to the appeal that updates
information previously provided to the Commission, and
submitted by a
may, in exceptional circumstances, take into account new information
party to the appeal.
7)
The appeals panel may stay the operation of the decision while considering the
application.
(8)
The appeals panel shali—
a)
b)
c)
d)
)
(10)
affirm the decision under review,
vary the decision under review;
shall be
set aside the decision under review and make their own decision, which
treated as a decision of the Commission; or
refer the matter back to the Commission.
The appeals panel shall give a copy of a decision and the reasons for the
decision to each
person affected by the decision and the Commission.
to it under
The Commission shall publish a decision and the reasons for a decision given
subsection (9).
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