Article 21 Request to Commission of Review by a tenant
Where the Commission, on an application under rule 7 or an appeal under rule 9, refuses approval for a proposal from a Chapter for the carrying out of works by a tenant for which the Chapter’s consent is required, or gives approval subject to conditions, the secretary of the Commission shall within 10 days of the Commission’s decision send or deliver a notice of the decision in Form 10 to the Chapter and to the tenant.
Within 28 days of receipt of the notice under sub-rule (1) the Chapter may by notice in writing in Form 23 in Schedule 2 given to the provincial registrar request that the decision of the Commission be reviewed by a Commission of Review and shall send or deliver to the provincial registrar—
a copy of the application in Form 3 for approval of the proposal for the carrying out of works by a tenant;
copies of any plans, drawings, specifications and other documents which accompanied the application; and
a copy of the decision of the Commission upon the proposal.
If the Chapter decides not to request a review under sub-rule (2), then the administrator shall immediately notify the tenant in writing of the Chapter’s decision and the tenant may, within 28 days of the date of notification, make a request in Form 23 to the Commission of Review to review the decision of the Commission.
Where a tenant alone requests a review under sub-rule (3) the tenant shall—
send or deliver to the provincial registrar—
a copy of the application for the proposal for the carrying out of works by the tenant;
copies of any plans, drawings, specifications and other documents which accompanied the application;
a copy of the decision of the Commission on the proposal,
write to the Chapter informing the Chapter of the tenant’s request for a review of the Commission’s decision by the Commission of Review.
If the Chapter decides to request a review under sub-rule (2) the tenant may also do so and shall request a review in Form 23 in the name of the tenant, but the Chapter shall send or deliver to the provincial registrar the documents referred to in sub-rule (2).
The Chapter shall be entitled to be heard at a public hearing held by the Commission of Review whether or not the Chapter has requested a review under sub-rule (2).
The Commission of Review may reverse, confirm or vary the decision of the Commission in whole or in part and its decision shall be given in writing in Form 24 in Schedule 2.