National Health Act, 2003 (Act No. 61 of 2003)RegulationsProcedural Regulations Pertaining to the Functioning of the Office of Health Standards Compliance and Handling of Complaints by the OmbudChapter 6 : Compliance Notice, Enforcement and Appeal24. Request for response |
| (1) | If the Office issues a written warning to the person in charge, it must request a written response from the person in charge in terms of section 82A(4)(b) of the Act, and set a timeframe within which the health establishment must respond and the consequences of any failure to respond. |
| (2) | The person in charge must acknowledge receipt of a written warning referred to in sub-regulation (1), in writing. |
| (3) | If the person in charge fails to respond to a request for a response referred to in sub-regulation (1), or provides an unsatisfactory response, the Office may‒ |
| (a) | recommend to the relevant authority any appropriate and suitable action, in terms of section 82A(4)(c) of the Act; |
| (b) | initiate a formal hearing to consider a possible revocation of a certificate of compliance or imposition of a fine, in terms of sections 82A(4)(d) and 82A(4)(e) of the Act, respectively; or |
| (c) | refer the matter to the National Prosecuting Authority for criminal prosecution, in terms of section 82A(4)(f) of the Act. |