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227. Jurisdiction, Role and Procedure of the Appeals Panel – executive decision

(1) The Regulator may refer an executive decision to the Appeals Panel for determination if it considers it appropriate to do so.
(2) Upon receipt of a notice of a reference falling within subsection (1) the President of the Appeals Panel shall, without undue delay, select a sub-panel of one member to exercise the powers and perform the functions of the Appeals Panel to hear and determine the reference.
(3) Any executive decision made under section 227 will be made in private and without a public hearing.
(4) An executive decision made by the Appeals Panel constituted by a sub-panel of one member which may affect the rights or liabilities of a person or otherwise adversely affect the interests of a person, may be referred by that person to the Appeals Panel for a full merits review.
(5) Upon receipt of a notice of a reference from an executive decision made by the Appeals Panel constituted by a sub-panel of one member, the President of the Appeals Panel shall, without undue delay select a sub-panel of at least three members of the Appeals Panel, one of whom may be its Chair, to exercise the powers and perform the functions of the Appeals Panel to hear and determine the reference.
(6) Proceedings before the Appeals Panel shall be determined on a balance of probabilities.
(7) A certificate that purports to be signed by the President or officer of the Appeals Panel and which states that the Appeals Panel on a specified day made a specified determination or made a specified finding of fact, is in any proceedings before the Court, where relevant—
(a) conclusive evidence of the determination of the Appeals Panel made on that day; and
(b) prima facie evidence of the relevant finding of fact.