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EN-5.2.1

The Agency is conscious of the impact that assessing someone as not "fit and proper" may have on an individual. Such assessments are carefully reviewed in the light of all relevant facts. The criteria used in reaching a decision include the following:

(a) the extent to which the factors set out in the BMA Law and chapter HC-2 have not been met;
(b) the extent to which the person has deliberately or recklessly breached requirements of the BMA Law or BMA regulations;
(c) the person's past compliance record and conduct following any such contravention;
(d) the length of time since factors indicating a lack of fitness or propriety occurred; and
(e) the risk the person poses to licensees and their customers.