Regulation 38 Right of review
Any prospective, current or former closure participant affected by a decision made by the Department in exercise of its functions under these Regulations (other than a determination made in accordance with this regulation) may have that decision reviewed by the Department.
An application for review must be made by notice in the form and manner required by the Department and must—
be received by the Department within 28 days of the date of issue of notification of the decision being reviewed,
specify the decision which that person wishes to be reviewed,
specify the grounds upon which the application is made, and
be signed by the participant or their authorised signatory.
The applicant must provide the Department with such information and such declarations as the Department may reasonably request in order to discharge its functions under this regulation, provided any information requested is in that person’s possession.
The review must be carried out by a person who was not involved in making the decision under review.
Upon determining the review, the Department may—
confirm its decision,
revoke or vary its decision,
vary any sanction or condition it has imposed, or
replace any sanction or condition it has imposed with one or more alternative sanctions or conditions.
The Department must determine the review within 42 days of—
the date it receives the application, or
if later, the date it receives all the information it requested.
The Department may extend this period for up to a further 42 days if satisfied that—
the application raises matters of particular complexity, or
it requires additional information in order to make a determination.
If the Department extends this period, it must notify the applicant and set out its reasons for the extension.
The Department must, as soon as is possible, notify the applicant, and any other person who is in the Department’s opinion affected, of its determination and the reasons for its determination.