SRA Handbook

Seeking explanations

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Version 2 of the Handbook was published on 23/12/2011. For more information, please click 'History' Above

Rule 5: Seeking explanations

5.1

The SRA will give the person under investigation the opportunity to provide an explanation of the person's conduct.

5.2

When seeking an explanation from the person as referred to in rule 5.1 above, the SRA will warn the person that:

(a)

failure to reply to the SRA may in itself lead to disciplinary action;

(b)

the reply and other information may be disclosed to other persons pursuant to rule 4.3; and

(c)

the reply may be used by the SRA for regulatory purposes including as evidence in any investigation, decision by the SRA, or proceedings brought by or against the SRA.

5.3

The person must provide the explanation referred to in rule 5.1 or any other information within a time period specified by the SRA, which shall be no less than 14 calendar days from the request for an explanation and where no explanation or information is received within the specified time, the SRA may proceed to decision in the absence of an explanation.