The Commission’s Compliance Process follows Part 4 of the Regulations.
The process at a high level involves the following stages;
- Receipt and acknowledgement of breach notification
- Initial Fact Finding
- Report and Recommendation to the EGR Committee
- EGR Committee decision to;
- decline to pursue, notify reason and in some cases issue a warning, or
- appoint an investigator, or
- request further information.
- If an investigator is appointed, the investigator notifies investigation and publicises investigation.
- The party alleged to be in breach responds to the notification within 10 days.
- Affected parties join the investigation within 10 days of it being publicised.
- The investigator investigates the breach.
- Investigator attempts to effect a settlement – parties provided with background information and requested to provide settlement requirements, a settlement is negotiated and agreed between parties, or in the case where all parties cannot agree, no settlement is possible.
- Investigator prepares a report and recommendation to Board, with or without settlement.
- Board decision to;
- Approve settlement, or
- Reject settlement and abandon investigation or lay a formal complaint.
- Not lay a formal complaint where no settlement can be achieved, or
- Lay a formal complaint where no settlement can be achieved.
- Board decision publicised.
- Investigator lays formal compliant with Rulings Panel.
Last update on
09 July 2009 11:41 AM
