(1) Where —
(a) on a recommendation made under section 34, the Board admits, for hearing, a complaint in relation to goods;
(b) the Board is satisfied that the parties have been notified in accordance with section 34(b); and
(c) the supplier —
(i) denies or disputes the allegations contained in the complaint, or
(ii) omits or fails to take any action to represent his or her case within the time specified under section 26,
the Board shall, subject to subsection (2), resolve the complaint.
(2) In resolving a complaint the Board shall make a decision on the basis of evidence brought to its attention, which may include any reports issued by an appropriate laboratory.
(3) Where a complaint in relation to goods is recommended to be heard and determined by the Board but the procedure set out in sections 37 to 40 cannot be followed, the procedure set out in relation to complaints and disputes regarding services shall be followed.