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APPENDIX 1
STANDARD DISCIPLINARY HEARING PROCEDURE
1 If deemed to be required, prior to any hearing, the Disciplinary Panel will set
appropriate deadlines for the submission of any written evidence / representations
requested from the Disciplinary Secretary/Officer or the Respondent.
2 The hearing will be convened by the Disciplinary Panel at a time suitable to the parties
and communicated to the parties by the Disciplinary Secretary/Officer.
3 The case against the Respondent will be presented by the Disciplinary
Secretary/Officer, together with relevant evidence, including witness evidence, if
appropriate.
4 The Respondent will be granted the opportunity to present its case, challenge the
evidence presented against them, submit their own evidence, call witnesses and make
representations to the Disciplinary Panel. The evidence of further witnesses not notified
in accordance with the Regulations will be admitted only at the discretion of the Chair
of the Disciplinary Panel.
5 A Representative representing a Respondent at a hearing may present and sum up
their case, but they may not answer questions put to the Respondent.
6 Before being called, witnesses will not be allowed in the room while evidence is being
given. This does not apply in relation to the Complainant or Respondent.
7 Questions may be put by the Disciplinary Panel to the Respondent and each witness
on conclusion of their evidence.
8 The Respondent will have the opportunity to raise questions in cross-examination.
9 The Disciplinary Panel may limit cross-examination as it deems appropriate.
10 The Respondent and the Disciplinary Secretary will be allowed to make a closing
statement to the Disciplinary Panel.
11 The room will be cleared and the Disciplinary Panel will deliberate and determine
whether, on the balance of probabilities, the disciplinary charge has been proven.
12 The hearing will reconvene and the Chair of the Disciplinary Panel shall either
communicate its decision to the parties at the end of a hearing or notify the decision
in writing at a later date as set by the Disciplinary Panel.
13 Where a charge is proven the Respondent will have the opportunity to present
arguments in mitigation.
14 The Disciplinary Panel will review the Respondent's previous disciplinary record, where
relevant, to consider sanctions.
15 The room will again be cleared and the Disciplinary Panel will determine the
appropriate sanction.
16 A record kept of all disciplinary proceedings and hearings and decisions.