National Health Act, 2003 (Act No. 61 of 2003)NoticesOffice of Health Standards Compliance : Enforcement Policy14. Formal Hearing |
| 14.1 | The Office shall notify the health establishment of its intention to revoke the certificate of compliance or to impose a fine, as the case may be, and initiate a hearing which must be presided by a suitable person appointed by the Chief Executive Officer, to allow the health establishment an opportunity to make representations before taking a final decision. |
| 14.1.1 | The person appointed as a presiding officer for the hearings shall not have a personal interest in the matter or be in any way associated with any of the parties. |
| 14.1.2 | The hearings shall be open to the public, subject to the determination of the presiding officer. |
| 14.1.3 | The presiding officer shall communicate the decision on the hearing to the Office, person in charge of a health establishment as well as the relevant authority within the prescribed timeframe. |
| 14.1.4 | Notice of hearing— |
| (a) | notice of hearing shall be given to both the Office and the health establishment to prepare for the hearing. |
| (b) | notice of hearing or notice of the Office's intention to revoke a certificate of compliance or to impose a fine would be deemed to have been received by the party or parties; as the case may be, if such notice was— |
| (i) | sent to the registered postal or physical address of either party and there is sufficient proof thereof; |
| (ii) | sent to either party's official fax number and there is a fax transmission as proof that the fax was sent or received; |
| (iii) | hand-delivered and signed for at either party's registered business address; or |
| (iv) | sent by e-mail to either party's official email address. |
| (c) | Where there is proof that the notice of hearing was delivered late, the receiving party may request extension of time or postponement of the hearing, which may not be unreasonably denied. |