Technological Universities Act 2018
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Decision on application under section 38 | ||
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42. (1) Within 60 days of receiving the report under section 40 (3), the Minister, having considered the application and information under sections 38 and 39 and the report and recommendation under section 40 , and having had regard to the matters referred to in section 41 , and consulted with An tÚdarás, shall, by notice in writing, inform the applicant college and applicant technological university of his or her proposed decision and shall in the notice provide reasons for the proposed decision. | ||
(2) A notice under subsection (1) shall state that the applicant college and applicant technological university may make representations to the Minister in relation to the proposed decision not later than 30 days after service of the notice. | ||
(3) The Minister shall consider any representations made under subsection (2) before deciding to— | ||
(a) make an order under section 43 , or | ||
(b) refuse to make an order under section 43 . | ||
(4) The Minister shall give notice in writing to the applicant college and applicant technological university of a decision under subsection (3) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3)(b)— | ||
(a) include reasons for the decision, | ||
(b) inform the applicant college and applicant technological university that— | ||
(i) they may jointly, under Part 3, appeal the decision within 30 days of the date of the notice, and | ||
(ii) the notice of appeal shall specify the grounds for the appeal, | ||
(c) inform the applicant college and applicant technological university that the decision shall be suspended until— | ||
(i) the decision becomes final under subsection (5), or | ||
(ii) subject to subsection (6), the disposal of an appeal under Part 3. | ||
(5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under Part 3 is made, the Minister’s decision under subsection (3)(b) is final. | ||
(6) If, following an appeal of a decision under subsection (3)(b), the appeals board orders the Minister under section 46 (5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister. |