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09 Appendix A
9. Where the Regulatory Commission or other body appealed against has not stated the reasons for its
decision:
9.1 the appellant shall request wri琀琀en reasons from that body which shall be provided to the Appeal
Board; or
9.2 the Appeal Board shall require that a member of that body a琀琀ends the appeal hearing. In which case:
(i) ques琀椀ons may be put by the Appeal Board at a hearing to sa琀椀sfy itself as to the reasons for the
decision);
(ii) cross-examina琀椀on by the appellant or respondent shall not be permi琀琀ed; (iii) representa琀椀ons may be
made by the par琀椀es to the Appeal Board who may then put ques琀椀ons to the member of the body that
made the decision.
9.3 In addi琀椀on to the above, The Associa琀椀on may also request wri琀琀en reasons from a Disciplinary
Commission where it is ac琀椀ng as secretariat to a relevant Appeal Board.
New Evidence
10. 10 The Appeal Board shall hear new evidence only where it has given leave that it may be presented. An
applica琀椀on for leave to present new evidence must be made in the No琀椀ce of Appeal or the Response.
Any applica琀椀on must set out the nature and the relevance of the new evidence, and why it was not
presented at the original hearing. Save in excep琀椀onal circumstances, the Appeal Board shall not grant
leave to present new evidence unless sa琀椀s昀椀ed (i) with the reason given as to why it was not, or could not
have been, presented at the original hearing and (ii) that such evidence is relevant. The Appeal Board’s
decision shall be 昀椀nal. Where leave to present new evidence has been granted, in all cases the other
party will be given an opportunity to respond.
Appeal Board Proceedings
11. The appellant shall prepare a set of documents which shall be provided to the Appeal Board and
respondent at least seven days before the hearing and which shall comprise the following (or their
equivalent):
11.1 the Charge;
11.2 the Reply;
11.3 any documents or other evidence referred to at the original hearing relevant to the appeal;
11.4 any transcript of the original hearing;
11.5 the no琀椀昀椀ca琀椀on of decision appealed against and, where they have been given, the reasons for the
decision;
11.6 any new evidence;
11.7 the No琀椀ce of Appeal;
11.8 the Response.
DISCIPLINARY REGULATIONS C: APPEALS – NON-FAST TRACK
DISCIPLINARY REGULATIONS
12. An appeal shall be by way of a review on documents only and shall not involve a rehearing of the
evidence considered by the body appealed against. The par琀椀es shall however be en琀椀tled to make oral
submissions to the Appeal Board. Oral evidence will not be permi琀琀ed, except where the Appeal Board
gives leave to present new evidence under paragraph 10 above.
13. Once an appeal has been commenced, it shall not be withdrawn except by leave of the Appeal Board (or
the Judicial Panel Chairman (or their nominee) if an Appeal Board has not yet been convened). Where an
appeal is so withdrawn, the Appeal Board may make such order for costs, or such order in respect of any
bond lodged pursuant to paragraphs 27 to 37 below, as it considers appropriate.
14. The chairman of an Appeal Board (or the Judicial Panel Chair (or their nominee) if an Appeal Board
has not yet been convened) may upon the applica琀椀on of a party or otherwise, give any instruc琀椀ons
considered necessary for the proper conduct of the proceedings, including but not limited to:
14.1 extending or reducing any 琀椀me limit;
14.2 amending or dispensing with any procedural steps set out in these Regula琀椀ons;
14.3 instruc琀椀ng that a transcript be made of the proceedings;
14.4 ordering par琀椀es to a琀琀end a preliminary hearing;
14.5 ordering a party to provide wri琀琀en submissions.
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