Higher Education Authority Act 2022
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Determination of appeal by appeals board | ||
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70. (1) An appeal— | ||
(a) shall be lodged with the Minister within the time, and in accordance with the procedures, prescribed under section 71 , and | ||
(b) shall state the grounds for the appeal. | ||
(2) Subject to this Act and any regulations under section 71 , the chairperson of an appeals board shall regulate the procedures of the board. | ||
(3) An appeals board may refuse to hear an appeal where, in the opinion of the appeals board, the appeal lodged is not made in good faith or is frivolous or vexatious. | ||
(4) An appeals board may require any person to provide information which it may reasonably require for the purposes of conducting and determining an appeal. | ||
(5) An appeals board may, if it considers it necessary for the purposes of determining an appeal, hold a hearing. | ||
(6) Each of the parties to an appeal is entitled to be heard at the hearing and to present evidence to the appeals board. | ||
(7) An appeals board may adjourn the hearing by it of a matter until a date specified by it. | ||
(8) A decision by a majority of the members of an appeals board shall suffice for any purpose. | ||
(9) In determining an appeal, an appeals board may— | ||
(a) affirm the decision of the Chief Executive Officer or the Minister, as the case may be, or | ||
(b) where it is satisfied that a serious or significant error or a series of errors was made in making the decision the subject of the appeal or that the decision was made without complying with fair procedures, quash the decision and remit it, for stated reasons, to the Chief Executive Officer or the Minister, as may be appropriate. | ||
(10) An appeals board shall communicate its determination under subsection (9), including the reasons under paragraph (b) of that subsection, to the person who or the body which brought the appeal concerned and the Chief Executive Officer and the Minister as soon as practicable after it is made. | ||
(11) In the case of a determination under subsection (9)(b), the Chief Executive Officer or the Minister, as may be appropriate, shall reconsider his or her decision. | ||
(12) An appeals board shall be independent in the performance of its functions. |