Singapore legislation

Regulation 11

of Estate Agents (Disciplinary Proceedings) Regulations 2011

Regulation 11

Conduct of disciplinary action

Amended byS 117/2020 wef 21/02/2020S 117/2020 wef 21/02/2020

Subregulation 1

Amended byS 117/2020 wef 21/02/2020

In any disciplinary action, a hearing must be held which may be conducted in any manner that the Disciplinary Committee deems fit, including by video-conference or any other similar technology, provided that —

(a)

the Disciplinary Committee considers it appropriate; and

(b)

all persons participating in the hearing —

(i)

have access to the technology needed to participate in the hearing; and

(ii)

can simultaneously communicate with each other during the hearing.

Subregulation 2

Where the Disciplinary Committee finds sufficient cause for disciplinary action, it may, in the exercise of powers under section 52 of the Act, consider any matter it deems fit or relevant including any previous conduct or record of the respondent.

Subregulation 3

Where regulation 5(2) does not apply and the respondent fails to file a defence, the Disciplinary Committee concerned may, if satisfied that the respondent had notice of the charge under regulation 4(2), consider the charge and statement of case as not denied, and proceed to give such directions as it may consider desirable for the just, expeditious and economical hearing and disposal of the disciplinary action.

Subregulation 4

Amended byS 117/2020 wef 21/02/2020

Where a respondent has filed a defence but fails to appear at the hearing (whether the hearing is conducted in person or by video-conference or any other similar technology), the Disciplinary Committee may, if satisfied that the respondent had notice of the hearing, proceed with the hearing in the absence of the respondent.

Subregulation 5

Where the Disciplinary Committee has exercised its powers under paragraph (3) or (4), it may reopen the case and set aside any finding or order that it may have made in exercise of its powers under section 52 of the Act if it is just to do so.

Subregulation 6

The Disciplinary Committee shall record in writing with reasons —

(a)

its finding on whether there is cause for disciplinary action; and (b)any powers under section 52(3), (4) or (5) of the Act that it may exercise.