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Fixed costs

Estate Agents (Disciplinary Proceedings) Regulations 2011

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—(1) For the purposes of section 52(6) of the Act, the fixed costs that the Disciplinary Committee may order a respondent of a disciplinary action to pay the Council are $2,000 and in addition —(a)for an uncontested hearing — $2,000 for every day or part of a day a pre-hearing conference is held after the first pre-hearing conference for the disciplinary action; and(b)for a contested hearing —(i)$2,000 for every day or part of a day a pre-hearing conference is held after the second pre-hearing conference for the disciplinary action; and(ii)$3,000 for every day or part of a day of the hearing for the disciplinary action.(2) In paragraph (1) —“contested hearing” means a hearing other than an uncontested hearing;“uncontested hearing” means a hearing where the respondent admits, without qualification, to both the charge and the facts that the Council relies on to prove the charge and thereafter —(a)does not make a submission on the manner in which the Disciplinary Committee should exercise its powers under section 52(3), (4) or (5) of the Act; or(b)makes such a submission by relying on material facts that the Council does not contest.

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