Revised Laws of Saint Lucia (2021)

Complaints and Disputes Regarding Services

41.   General procedure for resolving complaints and disputes in relation to services

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    (1)   Where —

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      (a)     on a recommendation made under section 27, the Board may admit, for hearing, a complaint in relation to services;

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      (b)     the Board is satisfied that the parties have been notified in accordance with section 34 (b); and

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      (c)     the supplier —

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        (i)     denies or disputes the allegations contained in the complaint, or

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        (ii)     omits or fails to take any action to represent his or her case within the time specified under section 26, the Board shall proceed to resolve the complaint in accordance with subsection (2) notwithstanding that the matter complained of constitutes a criminal offence under this Act.

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    (2)   The Board shall resolve each complaint —

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      (a)     on the basis of evidence brought to its attention by the complainant and the supplier, where the supplier denies or disputes the allegations contained in the complaint; or

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      (b)     ex parte, on the basis of evidence brought to its attention by the complainant where the supplier omits or fails to take any action to represent his or her case within the time and manner specified by the Board.

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    (3)   Where the complainant fails to appear on the date of hearing before the Board, the Board may dismiss the complaint for default, adjourn the matter or decide the matter on its merits.

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    (4)   No proceedings complying with the procedure laid down in this Part shall be called in question on the ground that the principles of natural justice have not been complied with.

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    (5)   The Board shall hear and determine every recommended complaint as expeditiously as possible and decide the complaint no later than three months from the date of receipt of notice by the supplier where the complaint does not require analysis or testing of commodities and within five months, if the complaint requires analysis or testing of commodities.

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    (6)   No adjournment shall be ordinarily granted by the Board unless sufficient cause is shown and the reasons for a grant of adjournment have been recorded in writing by the Board.

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    (7)   The Board may make such orders as to the costs occasioned by the adjournment as may be prescribed.

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    (8)   Where a complaint is disposed of, the Board shall at the time of disposal of the complaint record, in writing, the reasons for the disposal.

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    (9)   Where during the pendency of any proceeding before the Board, an interim order appears to the Board to be necessary, just and proper, given the facts and circumstances of the case, the Board may pass the interim order.