Legislation & Information Bulletins > Real Estate Act
Part 6 - General Section 83.1 - Appeal of Administrative Penalty
83.1(1)
A person to whom a notice to pay an administrative
penalty is given under section 83(1) may, within 30 days after
receipt of the notice, by notice of appeal in writing to the executive
director, appeal the decision to a Hearing Panel.
(2)
A notice of appeal under subsection (1)
(a)
must
(i) describe the administrative penalty appealed from, and
(ii) state the reason for the appeal,
and
(b)
must be accompanied with security for costs in an amount
that is the lesser of 3 times the administrative penalty
imposed and $1000.
(3)
On receipt of a notice of appeal and security for costs, the
executive director shall refer the matter to a Hearing Panel, which
shall hold a hearing.
(4)
Sections 41 and 42, but not sections 43 to 47, apply to the
hearing of an appeal under this section.
(5)
The Hearing Panel on an appeal may
(a)
quash, vary or confirm the administrative penalty, and
(b)
make an award as to costs of the investigation that
resulted in the administrative penalty and of the appeal in
an amount determined in accordance with the bylaws.
(6)
The Hearing Panel’s decision under this section is final.
(7)
The executive director shall serve a copy of the Hearing
Panel’s decision on the appellant.
