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58.   Hearings of the Tribunal

Revised Laws of Saint Lucia (2021)

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58.   Hearings of the Tribunal

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    (1)   Subject to subsection (2) and section 49, a hearing of the Tribunal shall be conducted by the Chairperson of the Tribunal and 2 other members.

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    (2)   Where a member of the Tribunal, other than the Chairperson, is unable to conduct hearings to completion, the Chairperson and the other member shall continue the hearings from the stage at which it was last heard by the previous member and conclude the hearing.

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    (3)   The Tribunal may convene a hearing within 30 days of receipt of a matter transmitted to it under section 46.

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    (4)   The Tribunal shall convene a hearing under subsection (3) at a time, place and on a day as may be necessary or expedient for the discharge of its functions.

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    (5)   The quorum for hearings of the Tribunal shall comprise an attorney-at-law.

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    (6)   At least fourteen days before the date fixed for a hearing, the Tribunal shall by notice in writing advise the consumer, the supplier and the Department of the date, time and place for the hearing.

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    (7)   A notice under subsection (6) must be sent to the consumer and the supplier personally to his or her given address for service or by sending the notice by registered mail.

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    (8)   At least seven days before the hearing, the Tribunal, shall, whenever practicable, cause the notice referred to under subsection (6) to be published in the Gazette.

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    (9)   Where the person making a complaint does not attend the hearing, having had due notice of the time and place of hearing, the Tribunal may dismiss the complaint, unless having received a reasonable excuse for the non-appearance of the person who made the complaint the Tribunal thinks it fit to adjourn the hearing.

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    (10)   Where a person —

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      (a)     refuses or neglects without reasonable cause, to attend a hearing in compliance with the requirements of a notice under subsection (6); or

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      (b)     departs from a hearing without the authority of the person holding the hearing,

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           the Tribunal may proceed with the hearing and make a decision in his or her absence in accordance with the provisions of this Act.

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    (11)   At a hearing of the Tribunal the consumer and supplier may appear in person or by a representative.

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    (12)   A hearing by the Tribunal must be in private.

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    (13)   A member of the Tribunal shall, as soon as is practicable inform the Chairperson of a matter in which he or she has, 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 by the Tribunal on that matter.

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    (14)   The validity of a hearing of the Tribunal is not affected by a vacancy in its membership or by a defect in the appointment of a member.

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