19.25.1 In the event that the interested parties do not agree to submit to the mediation procedure, the complaint shall be subject to the Administrative Hearing Procedure of the Authority.
19.25.2. If the Authority is of the view that the matter raised in the complaint are those over which any provision of the Act applies, the Authority shall set the complaint for Administrative Hearing.
19.25.3. The Authority shall serve the parties a notice requesting a statement in support of their claim or case together with any evidence in support thereof.
19.25.4 The Complainant shall within 7 days of the receipt of the notice transmit a statement of his case in writing to the Authority and the Respondent together with any evidence to be relied upon.
19.25.5 The Respondent shall within 7 days of the receipt of the Statement of the case of the Complainant, transmit a statement of his case together with any evidence to be relied upon to the Authority and the Complainant.
19.25.6 The Authority shall fix a date for the hearing and shall so inform the complainant and the Respondent.
19.25.7 At every hearing fixed pursuant to these Regulations:
(i) the person who made the complaint, or in whose behalf it was made, and each person to whom a notice was sent and any other person whose presence at the hearing is considered by the Authority to be desirable, is entitled to attend and participate personally or, in the case of a company or a firm, be represented by a person who, or by persons each of whom, is a director, officer, or employee of the company or firm ; and
(ii) a person participating in the hearing in accordance with paragraph (i) above is entitled to have another person, who may be a legal practitioner, or other persons present to assist him.
19.25.8. At every hearing, the Authority shall provide for as little formality and technicality as the requirements of the Act and a proper consideration of the complaint may permit.
(i) Where the complainant fails to appear before the Authority on the date of hearing, the Authority may recommend that the complaint be dismissed for default, or decide it on merit.
(iii) Where the Respondent fails to appear before the Authority on the date of hearing, the Authority would make recommendations based on the available records.
19.25.9. The Authority shall cause such records of the hearing to be made as is sufficient to set out the matters raised by the persons participating in the hearing.
19.25.10.Every complaint shall be heard as expeditiously as possible and a determination made thereon within a reasonable time after the termination of the hearing.
19.25.11. (i) No adjournment of hearing shall be granted by the Authority unless sufficient cause is shown and the reasons for grant of adjournment has been recorded in writing by the Authority ;
(ii) The Authority may make such a decision as to the cost for the adjournment as may be considered appropriate.
19.25.12 The Authority may terminate the hearing after it is satisfied that every person participating in the hearing has been given a reasonable opportunity to state or explain his or its position.
19.25.13. (i) Where the Authority is of the opinion that no provision of the Act, or any Regulations made there under has been violated by the person against whom the complaint was made, the Authority shall make a determination to that effect.
(ii) Where the Authority is of the opinion that any provision of the Act, or any Regulations made there under has been violated, the Authority shall make a determination to that effect and make recommendations as it deems fit and reasonable to ensure that the violation ceases and that the injured party is accorded a reasonable remedy for his injury.
19.25.14 The Authority shall on the basis of any recommendations made pursuant to the hearing, issue a directive which may relate to:
(i) the payment of compensation or restitution to a complainant ;
(ii) the payment of fines and/or penalties ;
(iii) the referral of any persons for criminal prosecution ; or
(iv) any other directive that may grant redress to a complainant.
19.25.15. Every directive of the Authority shall be complied with within 30 days of it being issued.
