• EN-5.3 EN-5.3 Procedure for issuing an adverse finding

    • EN-5.3.1

      All proposals for issuing an adverse "fit and proper" finding are subject to a thorough review by the Agency of all relevant facts, assessed against the criteria outlined in section EN-5.2. In some instances, it may be appropriate for the Agency to request the licensee or person concerned to provide further information, in order to help reach a decision.

    • EN-5.3.2

      All adverse findings have to be approved by an Executive Director of the Agency. A notice of intent is issued to the person concerned, and copied to the Board/senior management of the licensee as appropriate, setting out the circumstances and the basis for the Agency's proposed adverse finding. The person has 30 calendar days from the date of the notice in which to make written representations, addressed to the Executive Director concerned, failing which a final notice is issued by the Agency.

    • EN-5.3.3

      If representations are made, then the Agency has 30 days from the date of the representation in which to consider any mitigating evidence submitted and make a final determination.