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C-26 - Professional Code
Section 118.4
Disposition versions
118.4. Where a member is replaced in accordance with section 118.2, the two remaining members, provided one is the chair, may proceed with the hearing and validly render a decision on the conviction and the penalty.
A chair who has been replaced may continue to hear a complaint, no matter what stage of the hearing has been reached, with the authorization of and for the length of time determined by the senior chair.
Where the decision is not rendered within the time determined by the senior chair, the latter may, on the senior chair’s initiative or at the request of one of the parties, extend the time limit or withdraw the matter from the chair. The request must be filed with the secretary of the disciplinary council concerned. It must be served in accordance with the Code of Civil Procedure (chapter C-25.01) on the senior chair and the council members who are seized of the complaint, and on the parties. Before extending the time limit or withdrawing the matter from the chair, the senior chair must take the circumstances and the interest of the parties into account.
118.4. Where a member is replaced in accordance with section 118.2, the two remaining members, provided one is the chair, may proceed with the hearing and validly render a decision on the conviction and the penalty.
A chair who has been replaced may continue to hear a complaint, no matter what stage of the hearing has been reached, with the authorization of and for the length of time determined by the senior chair.
Where the decision is not rendered within the time determined by the senior chair, the latter may, on the senior chair’s initiative or at the request of one of the parties, extend the time limit or withdraw the matter from the chair. The request must be filed with the secretary of the disciplinary council concerned. It must be served in accordance with the Code of Civil Procedure (chapter C-25) on the senior chair and the council members who are seized of the complaint, and on the parties. Before extending the time limit or withdrawing the matter from the chair, the senior chair must take the circumstances and the interest of the parties into account.
