Statutory Authorities Appeal Board Regulations (Cap. 24:01)

86 Chap. 24:01 Statutory Authorities [Subsidiary] 161/1984. STATUTORY AUTHORITIES APPEAL [122/1986]. BOARD REGULATIONS made under section 9B(8) Citation. 1. These Regulations may be cited as the Statutory Authorities Appeal Board Regulations. Interpretation. 2. ( 1) In these Regulations —_ “appellant” means the officer in respect of whom the Commission makes a decision as a result of disciplinary proceedings brought against such officer; “the Commission” means the Statutory Authorities Service Ch. 24:01. Commission established under section 4 of the Statutory Authorities Act; “the Constitution” means the Constitution set out in the Schedule to Ch. 1:01. the Constitution of the Republic of Trinidad and Tobago Act; “Executive Officer” means the most senior officer in the grade in the Statutory Authorities Service Commission Department; “exhibits” includes all papers, reports, records and other documents, matters and things used or prepared in connection with disciplinary proceedings; “public officer” has the meaning assigned to it by section 3 of the Constitution; “respondent” means the Executive Officer; “Secretary” means the Secretary to the Statutory Authorities Appeal Board; “the Statutory Authorities Appeal Board” or “the Appeal Board” means the Statutory Authorities Appeal Board constituted under section 9 of the Statutory Authorities Act. recede or 3. (1) The Appeal Board shall meet at such times as may Board. be necessary for the purpose of performing its functions. (2) Meetings shall be held on such days and at such time and place as the Chairman may determine. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 <!-- page 2 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Statutory Authorities Chap. 24:01 87 Statutory Authorities Appeal Board Regulations [Subsidiary] (3) The Chairman shall preside at all meetings of the Appeal Board. (4) In this regulation “meetings” includes the hearing of an appeal. 4. (1) The Appeal Board shall have a Secretary who shall Secretary. be a public officer. (2) The Secretary shall keep proper records of all proceedings before the Appeal Board. (3) The Secretary shall, not less than seven days before the date fixed for the hearing of an appeal, notify both the appellant and the Commission of such date in the form set out as Form 2 in the First Schedule. 5. (1) Every appeal to the Appeal Board shall be by way of rehearing and shall be brought by a notice in the form set out as Form | in the First Schedule. (2) A notice under paragraph (1) shall— (a) set forth the grounds of appeal; (b) state whether the appeal is against the whole or part only of the decision of the Commission, and where it is against part only, specify which part; (c) state the nature of the relief sought; and (d) be signed by the appellant or his legal representative. (3) Where the grounds of appeal allege misdirection or error in law, particulars of the misdirection or error shall be clearly stated. (4) The grounds of appeal upon which the appellant intends to rely at the hearing of the appeal shall be set out concisely and under distinct heads, without any argument or narrative and shall be numbered consecutively. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 First Schedule. Form 2. Notice of appeal. [122/1986]. First Schedule. Form 1. LR.O. <!-- page 3 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

88 Chap. 24:01 Statutory Authorities [Subsidiary] Statutory Authorities Appeal Board Regulations Time for appeal. [122/1986]. First Schedule. Form 3. Service of appeal notice. (5) No ground which is vague or general in terms or which discloses no reasonable grounds of appeal shall be permitted, save the general ground that the judgment is against the weight of the evidence, and any ground of appeal or any part thereof which is not permitted under this regulation may be struck out by the Appeal Board of its own motion or on application by the respondent. (6) No appellant may, without the leave of the Appeal Board, urge or be heard in support of any ground of objection not mentioned in the notice of appeal but the Appeal Board may in its discretion and upon such conditions as it considers just, allow an appellant to amend the grounds of appeal specified in the notice. (7) Notwithstanding the provisions of this regulation, the Appeal Board in deciding the appeal — (a) shall not be confined to the grounds set forth by the appellant; (b) shall not rest its decision on any ground not set forth by the appellant unless the respondent has had sufficient opportunity of contesting the matter on that ground. 6. (1) A notice of appeal shall be filed with the Secretary within fourteen days of the receipt by the appellant of the decision, in writing, of the Commission. (2) The Secretary shall keep a record of and assign a number to each notice of appeal which is filed. (3) Notwithstanding paragraph (1) the Appeal Board may extend the period specified in that paragraph if an application for an extension of time is made within one month of the expiration of that period. (4) An application under paragraph (3) shall be made in the form set out as Form 3 in the First Schedule and shall be supported by an affidavit as to the facts contained in the application. 7. A true copy of the notice of appeal shall be served upon the respondent within seven days after the original notice has been filed. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 <!-- page 4 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Statutory Authorities Chap. 24:01 www.legalaffairs.gov.tt 89 Statutory Authorities Appeal Board Regulations 8. An appellant shall within three weeks of the filing of his notice of appeal or within such extended time as may be granted by the Appeal Board under paragraph (3) of regulation 6 file with the Secretary an affidavit of service of the notice of appeal in the form set out as Form 4 in the First Schedule. 9. (1) Where an appeal against the decision of the Commission has been filed, the respondent shall within three weeks of the service of notice of appeal or within such extended time as may be granted by the Appeal Board, file with the Secretary five copies (or such greater number as the Secretary may require) of the record of the disciplinary proceedings upon which the decision of the Commission was based. (2) When the provisions of paragraph (1) have been complied with, the Secretary shall— (a) give to the appellant notice of the filing of the record in the form set out as Form 5 in the First Schedule together with a copy of that record; and (b) keep for the use of the Appeal Board three copies (or such greater number as may be required) of the record and of any notice or other document received by him after the record has been filed. 10. An appellant who desires to withdraw his appeal shall — (a) file with the Secretary a notice in the form set out as Form 6 in the First Schedule; (b) serve on the respondent a copy of the notice of withdrawal. 11. (1) An officer is entitled on an appeal to be represented — (a) by an attorney-at-law or an officer of the Statutory Authority of which he is a member, selected by him; or (b) by a member of his staff association. (2) On an appeal the respondent may appear in person or may be represented by a legal or other representative. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 [Subsidiary] Copy of affidavit of service to be filed with Secretary. [122/1986]. First Schedule. Form 4. Record of disciplinary proceedings to be filed by respondent. First Schedule. Form 5. [122/1986]. Procedure on withdrawing appeal. First Schedule. Form 6. Officer entitled to an attorney- at-law. LR.O. <!-- page 5 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

90 Chap. 24:01 Statutory Authorities [Subsidiary] Statutory Authorities Appeal Board Regulations Appeal Board 12. On an appeal the Appeal Board may at any time require may require : “Le : sos soe : production of | the production of any exhibit which in its opinion is relevant to exhibit, the proceedings before it. Anpeal Boar ito 13. (1) Where after filing a notice of appeal, an appellant— dismiss appeal. (a) fails to comply further with any other [12/1986]. ; requirement of these Regulations; or (b) fails to appear on the date of the hearing, the Appeal Board may dismiss the appeal. (2) An appellant whose appeal has been dismissed under paragraph (1) may apply for the restoration of his appeal in the past Schedule. form set out as Form 7 in the First Schedule, supporting such application by an affidavit as to the facts contained therein. (3) Where an application is made pursuant to paragraph (2), the Appeal Board may, if it is satisfied that the justice of the case so demands, order that the appeal should be restored on such terms as it thinks fit. (4) No application may be made under this regulation after the expiration of twenty-one days from the date of the dismissal of the appeal. Procedure 14. (1) Where the respondent fails to appear on the date of where respondent fails the hearing of an appeal, the Appeal Board may proceed to hear t t hearing. the matter ex parte. [122/1986]. (2) The respondent may, where an appeal is heard Fant Schedule. ex parte apply by notice, in the form set out as Form 8 in the First Schedule to the Appeal Board to set aside its decision. (3) The Appeal Board may where an application is made pursuant to paragraph (2), and if it is satisfied that the justice of the case so demands, order a rehearing of the appeal. (4) No application may be made under this regulation after the expiration of twenty-one days from the date when the appeal was heard ex parte. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 <!-- page 6 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Statutory Authorities Chap. 24:01 91 Statutory Authorities Appeal Board Regulations [Subsidiary] 15. (1) Every person whether or not a party to an appeal Fees. before the Appeal Board shall, upon payment of the prescribed [22/1988]. fee, be entitled to a copy of any judgment, order or other document set out in the Second Schedule. Second Schedule. (2) The fees referred to in this regulation shall be taken by adhesive stamps, which stamps shall be defaced and cancelled in indelible ink by an officer duly authorised by the Statutory Authorities Appeal Board.

FIRST SCHEDULE FORM 1 Regulation 5. BEFORE THE STATUTORY AUTHORITIES APPEAL BOARD NOTICE OF APPEAL Appeal No. uu... of 20...... Between ceceseucesescsesecsessesesecsesecsenseseesesessesesaeaeeseaesseseseaessesecseecsesscseescseacseeaeeeseeeseeeeseneeseees Appellant and ceccesessesecssessesscssessessessecsesseaessessecaeesessecseeseesecsesaeesecsecsecseeseesecseeaeenecseeseesseeeeeneess Respondent TAKE NOTICE that the Appellant being dissatisfied with the decision or part thereof of the Commission given on the ........... ay Of ices » 20...... and more particularly stated in paragraph 2 hereby appeals against such decision or part thereof to the Statutory Authorities Appeal Board on the grounds set forth in paragraph 3 and will at the hearing of the appeal seek the relief set out in paragraph 4. (Insert here the decision or the part thereof against which the notice of appeal is filed) UNOFFICIAL VERSION LR.O. UPDATED TO DECEMBER 31ST 2011 <!-- page 7 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 92 Chap. 24:01 Statutory Authorities [Subsidiary] Statutory Authorities Appeal Board Regulations 3. State grounds of appeal and particulars of the misdirection or error in law on which the decision was based: Appellant or his Legal Representative UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 <!-- page 8 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Statutory Authorities Chap. 24:01 93 Statutory Authorities Appeal Board Regulations [Subsidiary] FORM 2 Regulation 4. BEFORE THE STATUTORY AUTHORITIES APPEAL BOARD NOTICE OF HEARING OF APPEAL Appeal No. o....cc cece of 20...... Between saceseueeseseesesecsesecsesccseesssenseseescaesseaeeseaecsssessesecsesessesesaceessesssacescaeeasseescaeesessesceeeeseasaeees Appellant and secesesseseeeesseesceaessesseeecesesseeacesesscesessecsessessecsessassecsecseesecaecsssaacaesaessdeseeaesnseneenesntees Respondent TAKE NOTICE that the above-mentioned Appeal will come on for hearing before the Statutory Authorities Appeal Board at Secretary, Statutory Authorities Appeal Board UNOFFICIAL VERSION LR.O. UPDATED TO DECEMBER 31ST 2011 <!-- page 9 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 94 Chap. 24:01 Statutory Authorities [Subsidiary] Statutory Authorities Appeal Board Regulations Regulation 6. FORM 3 BEFORE THE STATUTORY AUTHORITIES APPEAL BOARD APPLICATION FOR EXTENSION OF TIME TO FILE APPEAL Appeal No. o..ccceeceeeeeeeee! of 20...... In the Matter of (Applicant to insert name here) and THE STATUTORY AUTHORITIES SERVICE COMMISSION and In the Matter of an Application for an Extension of Time to file an Appeal Ty ceeeeceeeeceeseeeeseseseseeeeeeeeseeeeeeseseseseseeees (0) EE Occupation... eee hereby apply for an extension of time to file an appeal against the decision of the Statutory Authorities Service Commission given on the veceeeeeees day Of woes, 20...... D was unable to file the appeal within the period specified by the Statutory Authorities Appeal Board Regulations because Applicant UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 <!-- page 10 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Statutory Authorities Chap. 24:01 95 Statutory Authorities Appeal Board Regulations [Subsidiary] FORM 4 Regulation 8. BEFORE THE STATUTORY AUTHORITIES APPEAL BOARD AFFIDAVIT OF SERVICE OF NOTICE OF APPEAL Appeal No. ...... eee of 20...... Between esseeesevscseescsceseseesesevsessseseeseeecseseeseeeesceaeacaesceaescesesecseesesesecaeecseseaeeecetseeeseeeseneeats Appellant and saceeeseeseseseseesesecsesecacsesscsesaceesacsesscuecaesesacsaesescseaeseesssassesesaceessenesaeeesasnesateesaeesaees Respondent 5 C0) OCCUPAtiON oo... cece eee ereneeteteeetecseeeeetecsenseeetectenesteteeneteenen do make oath and say: That Notice of Appeal in the above-named appeal filed on the oo... eee day (0) eee 20... was served upon the Executive Director, Statutory Authorities Service Commission, the Respondent ...........cccecesceceseseeseeeeseeeeseeeeeesesensenenseeeeeesees on the in accordance with regulation 7 of the Statutory Authorities Appeal Board Regulations. SWOITI tO At oe. ecceececsscsscssseeseeesseeseescesecessessecsaeesseeseesseessecseecsecesseessesseesseceesesesseesseeeaeenss (Address) ON the seers ay Of woes eeceeseseeseeecscseesceecsceecscecseeecseecseeessesesneeeeaeeeenees ,20...... Before me Commissioner of Affidavits This affidavit is filed on behalf Of .......ccccccccccceccssecsscescesscesseesssessceeecsseesssessseassesesnseessees (to be completed where service is effected on behalf of the Appellant) UNOFFICIAL VERSION LR.O. UPDATED TO DECEMBER 31ST 2011 <!-- page 11 --> LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt MINISTRY OF LEGAL AFFAIRS 96 Chap. 24:01 Statutory Authorities [Subsidiary] Statutory Authorities Appeal Board Regulations Regulation 9. FORM 5 BEFORE THE STATUTORY AUTHORITIES APPEAL BOARD TAKE NOTICE THAT RECORD HAS BEEN FILED Appellant Respondent TAKE NOTICE that the Respondent has filed the record of proceedings (a copy of which is enclosed) pursuant to regulation 9 of the Statutory Authorities Appeal Board Regulations. Dated this Secretary, Statutory Authorities Appeal Board To: The Appellant UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 <!-- page 12 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Statutory Authorities Chap. 24:01 97 Statutory Authorities Appeal Board Regulations [Subsidiary] FORM 6 Regulation 10. BEFORE THE STATUTORY AUTHORITIES APPEAL BOARD NOTICE OF WITHDRAWAL OF APPEAL Appeal No. wo. of 20...... Between saceseseesesesesecsesessesecsesessessssesecsesssaeseesesscaessesecsssessesessceessesssseeessesesaseeessessseeeseeessasesees Appellant and saceecuceseseeseueesesecseeccseescsessssecsssessseeseaeessaesseaecsssessceecsseassesecasesesseesasesesseresereeereeees Respondent TAKE NOTICE that the Appellant hereby withdraws his appeal against the Respondent in the above-named appeal. Dated this w.....c Cay Of wee sects csceeeeseees , 20...... Appellant UNOFFICIAL VERSION LR.O. UPDATED TO DECEMBER 31ST 2011 <!-- page 13 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 98 Chap. 24:01 Statutory Authorities [Subsidiary] Statutory Authorities Appeal Board Regulations Regulation 13. FORM 7 BEFORE THE STATUTORY AUTHORITIES APPEAL BOARD NOTICE OF APPLICATION FOR RESTORATION OF APPEAL Appeal No. uo... of 20...... Between esseeceseuseseescseesessuseseesessesesevsceceseseeseseesecseseseseeseseesesecseseesenecaeescseseaeeacaetseeeseeeseaeaes Appellant and sececeeseeseseesecseeaeeseeseeseeseesecseesecseceesecsecsesecessessaceeeeessasseseeseseecesseeseeseeneseeeeaeegs Respondent TAKE NOTICE that 1, oe ceseesesesseneeeeesseneeaes the Appellant in the above-named appeal which was dismissed on the ............. ay Of occ ccceeseceesenesteeeetenetseees , 20...... hereby apply for the restoration of the said appeal on the grounds that— Dated this 0... Cay Of oes eeescsescsesseseeeeeerseeteeeeeseeeeees , 20 Applicant/Appellant UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 <!-- page 14 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Statutory Authorities Chap. 24:01 99 Statutory Authorities Appeal Board Regulations [Subsidiary] FORM 8 Regulation 14. BEFORE THE STATUTORY AUTHORITIES APPEAL BOARD NOTICE OF APPLICATION FOR SETTING ASIDE DECISION IN APPEAL TAKEN EX PARTE Appeal No. ........ ee of 20...... Between cicescueesesecsesecsesecseccsecsesesscsescaeesssescaecssaessesecsesessenecseeessessasescssssseescsesesesaeerseseaseeees Appellant and ceseeseessecseceseessesasesecsecesecssceseessecssessecsecesececesseseesssessecssseseessceseesaessesseeneeeseenes Respondent TAKE NOTICE that the Executive Officer, Statutory Authorities Service Commission, the Respondent in the above-named appeal which was decided (A) ecssscsccescceseceseessecsaccescessesseesseeesecsseesseeseenseesaeceseeseeeacenseeesecsaeessesseceseeeseseaeeeeeneees (D) vecccssescecsccsesesesececsesessevsescsesesesssscsesesesssenscsssesssecsssesesesessseesesesecssscsesesessssesssenaeees (C) cecccsccessessscsccessceseeessensecenecneessesseessecesecneceseaeesseesecaeeeeeseesseesaesaecseceaeesaeenseenee® (A) veccesescecsecsecsesecesscsesesevsescsesesesssscsesesesssenscsesesssecsssesesesessseesesesecesscsesesessssesssenaeees (State grounds on which application is based) Dated this ................ ay Of oe eeeeeeeeeeeeseesseeecseeeeeeeeeeeeeeees , 20...... Appellant/Respondent UNOFFICIAL VERSION LR.O. UPDATED TO DECEMBER 31ST 2011 <!-- page 15 --> LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt 100 Chap. 24:01 Statutory Authorities [Subsidiary] Statutory Authorities Appeal Board Regulations Regulation 15(1). SECOND SCHEDULE [122/1986]. Documents Fees $ ¢ 1. For a copy of a judgment after trial vee vee vee 2 50 2. Fora copy of a judgment by default of appearance or defence vee 1 50 3. For a copy of reasons for judgment of a Court per each page or part thereof... wee ee wee wee wee 1 00 but not to exceed ves we wee wee wee 25 00 4. For a photographic copy of all or any part of any document whether or not issued as an office copy—for each photographic sheet... 1 25 5. For a typewritten copy of any document per folio of 100 words or part thereof... vee wee vee vee Lee 25 6. For each folio of 100 words or part thereof of any additional carbon copy, bespoken vee vee vee ves vee 15 UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011