In the event of a decision to institute proceedings, the rapporteur shall investigate the case by taking all necessary investigative measures, including obtaining from the prosecuting authority and, where appropriate, from the appeal body, all information that he considers useful.
The rapporteur may request the necessary explanations from the chamber of the industrial property attorney being prosecuted, from the author of the complaint or referral, from the examiner(s) mentioned in Section IVa of this Chapter where the decision to institute proceedings is based on a decision to prosecute.
It may request the explanations necessary for the information of the chamber of the industrial property attorney being prosecuted, of the author of the complaint or referral, of the examiner(s) mentioned in Section IVa of this Chapter when the person being prosecuted or the company in which he works has been the subject of an examination pursuant to the provisions of that Section or of any person likely to enlighten the proceedings. He may hear any witness and carry out any investigation he deems useful. The industrial property attorney being prosecuted may request to be heard.
The defendant and the author of the complaint or referral may be assisted by a person of their choice during the proceedings.
The rapporteur will inform the parties of the timetable for the investigation of the case, which may not exceed six months.
The rapporteur will draw up a report of all the proceedings.
Minutes are taken of all hearings. The minutes shall be signed by the person interviewed.
The report shall be drawn up both for and against the parties.
The report is drawn up on both sides of the case. It describes and analyses the facts complained of, and includes a precise indication of the facts on the basis of which the prosecution is brought and a reference to the legislative or regulatory provisions on the basis of which these facts are prosecuted and punished. It describes the steps taken and presents the rapporteur’s reasoned conclusions on the existence of disciplinary misconduct.
Before the final version of the report is drawn up, the secretariat sends a draft to the parties, giving them a period of time from receipt of the draft in which to submit their comments. This period may not be less than two weeks.
The report must be filed at the head office of the disciplinary chamber within six months of notification of the decision to prosecute, failing which the chairman of the chamber may appoint another rapporteur from among the members of the company who are not members of the disciplinary chamber.