Paragraph 4 Determination of appeal by way of hearing or otherwise
Upon receiving a valid notice of appeal, the Hearings Director shall send notification to the appellant acknowledging its receipt and informing him that—
he may before the end of the period of 28 days beginning with the date on which the notification was sent request that a hearing be held;
even if he does not request a hearing, the Committee may hold one if they consider it to be desirable; and
he may be heard and be represented at such a hearing.
If either party has requested that a hearing be held, or the Committee determine that it would be desirable to hold a hearing, the appeal shall be determined by way of a hearing.
The Committee may determine the appeal without a hearing if—
the appellant has not, within the period specified in paragraph (1)(a), requested that a hearing be held;
the registrar agrees that the appeal may be determined without a hearing; and
the Committee consider it to be desirable to determine the appeal without a hearing.
The Committee may at any stage reverse a decision under paragraph (3) to determine the appeal without a hearing where they consider it desirable to do so, and in such a case, rule 5(1) and (3) shall apply.
In this rule, “the Committee” means those persons who are to form the membership of the Committee at the hearing or meeting which is to determine the appeal.
Notes on Schedule
Footnotes
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1984 c. 24; Schedule 4B was inserted by, and Schedule 3 was substituted by, S.I. 2005/2011. Schedule 3 applies to proceedings before the Registration Appeals Committee (with modifications) by virtue of paragraph 4(7) of Schedule 2A to the Dentists Act 1984, and Schedule 4B applies to such proceedings by virtue of paragraph 4(7) of Schedule 4A to the Act.
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Section 50D was inserted by S.I. 2005/2011.