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and sets out a valid ground or grounds of appeal (but not whether any
grounds of appeal have been made out). If the Disciplinary Secretary
considers that the Notice of Appeal is not valid, he will return it to the
Respondent and explain why it is not valid.
14.4. If the Disciplinary Secretary/Officer considers that the notice of appeal is
valid, the Disciplinary Secretary/Officer will consider whether at least one
ground of appeal being established, in which case the Disciplinary Secretary
will appoint an Appeal Panel comprising 3 individuals who have had no prior
involvement and have no actual or potential interest in the matter. If the
Disciplinary Secretary/Officer does not consider that a ground of appeal has
been established he will inform the Respondent with reasons.
14.5. The Appeal Panel shall determine whether an appeal of a Disciplinary Panel
decision shall be by way of review only or a full re-hearing of all the evidence
presented to the Disciplinary Panel, with due consideration being given to
any requests made by any relevant party.
14.6. An Appeal Hearing may deal with an appeal on the basis of written
submissions from the Appellant and the Respondent or by way of an oral
hearing. If any party requests an oral hearing, then this will be facilitated
unless exceptional circumstances mean that an oral hearing is impracticable.
14.7. The procedure for an Appeal Hearing shall be flexible and shall be at the
discretion of the Appeal Panel, who may make such decisions as necessary
to ensure the orderly and effective conduct of the hearing, subject to the
overriding requirement of fairness.
14.8. The standard hearing procedure for disciplinary hearings set out at
Appendix 1 may also be followed by the Appeal Panel at their discretion.
14.9. The Appeal Panel shall have the power to:
14.9.1. Dismiss the appeal;
14.9.2. Remit the matter for a re-hearing by the Disciplinary Panel;
14.9.3. Remit the matter for a re-hearing by a new Disciplinary Panel made up
of different individuals than those originally appointed;
14.9.4. Substitute an alternative finding;