45.—(1) Upon receiving the findings and recommendation of an Investigation Committee, the Board may —
(a)
accept the recommendation and make the recommended order;
(b)
refer the matter back to the Investigation Committee for further inquiry; or
(c)
make any other order that the Board thinks fit.
[27/2005]
(2) The Board must not —
(a)
issue any letter of advice or letter of warning to a registered professional engineer in accordance with the recommendation of the Investigation Committee under section 44(b); or
(b)
make any other order against the registered professional engineer in accordance with the recommendation of the Investigation Committee under section 44(d),
unless the Board is satisfied that the Investigation Committee had allowed the registered professional engineer concerned an opportunity of being heard either personally or by counsel during the inquiry.
[27/2005]
(3) The Board must notify the person who made the complaint or gave the information (if any) of its decision.
[27/2005]
(4) A registered professional engineer who is aggrieved by any advice or order of the Board, being an advice or order mentioned in section 44(b) or (d) may, within 30 days of being notified of the decision of the Board, appeal to the Minister whose decision is final.
[27/2005]
(5) Where the person who made the complaint or gave the information to the Board is dissatisfied with the decision of the Board under section 44(a), (b) or (d), the person may, within 30 days of being notified of the decision, appeal to the Minister whose decision is final.
[27/2005]
(6) The Minister may, in relation to an appeal under subsection (4) or (5), make —
(a)
an order affirming the decision of the Board;
(b)
an order directing a formal inquiry to be held by a Disciplinary Committee; or