Regulation 39 Right of further review

(1)

The applicant, and any other person who is in the Department’s opinion affected by a determination under regulation 38, may request a further review of the Department’s determination.

(2)

An application for further review must be—

(a)

in the form and manner required by the Department, and

(b)

received within 28 days of notification of that determination.

(3)

The further review must be carried out by an independent panel.

(4)

The panel must be appointed by the Department and consist of persons who are suitably qualified and independent of the Department.

(5)

The panel may—

(a)

confirm the Department’s determination,

(b)

direct the Department to revoke or vary its determination,

(c)

direct the Department to vary any sanction or condition it has imposed, or

(d)

direct the Department to replace any sanction or condition it has imposed with one or more alternative sanctions or conditions.

(6)

The Department must, as soon as is possible, notify the applicant, and any other person who is in the Department’s opinion affected, of the panel’s determination and the reasons for its determination.

(7)

The Department must give effect to the panel’s determination as soon as is reasonably practicable, and in any event, within 56 days of that determination.

(8)

Where the Department considers that it is not reasonably practicable to give effect to the panel’s determination within that period, it must notify the applicant of the reasons for the delay and the steps being taken to implement the determination.