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57.   Hearings, deliberations and decisions

Revised Laws of Saint Lucia (2021)

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57.   Hearings, deliberations and decisions

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    (1)   A person who is dissatisfied by a decision of the Board may appeal to the Appeals Tribunal within 14 days of receipt of the decision of the Board.

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    (2)   The Appeals Tribunal shall convene at such time, at such place and on such days as may be necessary or expedient for the discharge of its functions.

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    (3)   The quorum for proceedings of the Appeals Tribunal shall comprise a majority of the members.

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    (4)   Where an appeal is lodged, the Appeals Tribunal shall convene a hearing within a period of 30 days from the date of receipt of the appeal.

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    (5)   At least 14 days before the date fixed for the hearing of an appeal, the Secretary to the Appeals Tribunal shall by notice in writing advise the appellant, the respondent and the Appeals Tribunal of the date, the time and the place at which the appeal has been set down for hearing.

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    (6)   A notice under subsection (5) shall be given to the Appeals Tribunal and to the appellant and the respondent personally to his or her given address for service or by sending the notice by registered mail.

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    (7)   At least 7 days before the hearing of the Appeals Tribunal, the Secretary shall, whenever practicable, cause the notice referred to under subsection (5) to be published in the Gazette.

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    (8)   At every hearing of the Appeals Tribunal the appellant and respondent shall be entitled to appear in person or by a representative.

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    (9)   The hearing of an appeal by the Appeals Tribunal shall be in private.

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    (10)   The decision of the Appeals Tribunal shall be by a majority of votes of those members present and voting and, in addition to an original vote, the Chairperson has a second or casting vote in any case in which the voting is equal.

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    (11)   The decision of the Appeals Tribunal referred to it shall be conveyed to the Board and the appellant in writing.

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    (12)   An appeal to the Appeals Tribunal may be made from a decision of the Board on a point of law, but not on any matter of fact or on the merits of any decision made by the Board.

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    (13)   A member of the Appeals Tribunal shall, as soon as is practicable inform the Chairperson of any matter in which he or she has, either directly or indirectly, personally or by his or her relative, partner, business associate or company, any pecuniary or business interest and that member shall not take part, directly or indirectly, in any hearing, deliberation or decision by the Appeals Tribunal on that matter.

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    (14)   The decision of the Appeals Tribunal shall be authenticated by the signature of the Chairperson and the Secretary.

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