Article 94 Violations Committee
94.1 The Governor shall nominate a violations committee pursuant to Article Thirty-eight of the Act and submit the nominations to the Board for approval. The Board’s decision approving the nominations shall state the term and duration of the committee.
94.2 No person who has any financial or other interest in or who is related to the person that committed the violation, may be a member of the violations committee. When the violations committee is looking into any issue that a member has any relation to, or any interest in, the concerned member shall excuse himself and not participate in the deliberations of the committee.
94.3 The committee shall establish its operating procedures which shall be submitted to the Board for approval.
94.4 If the Commission believes that a violation of Article Thirty-seven of the Act has occurred, the Commission shall refer the matter to the violations committee to look into it according to its procedures.
94.5 The violations committee shall meet to consider and make a decision on a possible violation referred to it under this Article in accordance with its procedures. Before making a decision on the matter, the committee shall give the parties, including the person accused of committing the violation, an opportunity to be heard. The committee shall undertake the necessary investigations that would enable it to make the appropriate decision.
94.6 The violations committee shall issue its decision in writing and with reasons to the Governor, who shall provide a copy to the person who was the subject of the committee’s decision and other concerned parties. The decision may be appealed in accordance with Article Thirty-eight of the Act.
Article 95 Considerations for the Violations Committee
95.1 The violations committee shall look into each violation and determine an appropriate penalty that is proportionate to the gravity of the violation in each case and the circumstances surrounding the same.
95.2 The Committee shall maintain a register of all its decisions and shall refer to it to establish whether the person that committed the violation has committed violations in the past and the decision taken by the violations Committee with respect thereof, and to take this into account.
95.3 Where the violations committee concludes that the violations constituted an ongoing violation or a series of repeated or related violations, it may assess a penalty for:
a ) Each day that the violation continued after the date on which the decision concludes that it should have ceased; and/or
b ) Each separate violation that occurred after the date on which the decision concludes that they should have ceased.