I. – The Hearing Officer shall hold office for a term of five years. He may be reappointed once.
II. – The Hearing Officer may intervene at the request of a party. He may also draw the attention of the General Rapporteur to the proper conduct of the proceedings, if he considers that a case raises an issue relating to respect for the rights of the parties.
Respondent and referring parties may submit observations to the Hearing Officer on the conduct of the investigation proceedings concerning them in cases giving rise to a statement of objections, for facts or acts occurring from receipt of the statement of objections until receipt of the invitation to attend the Authority’s hearing.
The Hearing Officer will, where appropriate, receive additional observations from the parties and from the General Rapporteur on the conduct of the proceedings. He may propose measures to improve the parties’ exercise of their rights.
He concludes his interventions by drafting a report submitted to the Chairman of the Authority no later than ten working days before the hearing. A copy shall be sent to the general rapporteur and to the parties concerned.
The chairman of the Competition Authority may invite the hearing officer to attend the meeting and present his report.
When the hearing officer decides to draw the general rapporteur’s attention to the proper conduct of proceedings in a case, in accordance with the first paragraph above, he shall place his observations on the record.
III. – In the performance of his duties, the Hearing Officer shall be assisted by the investigating departments of the Authority. The Hearing Officer is entitled to ask the AMF’s General Rapporteur to disclose any documents in the file referred to him. The confidentiality of documents and business secrecy are not enforceable against him.
IV. – Each year, the Hearing Officer submits a report on his activities to the Chairman of the AMF. This report will be attached to the Authority’s public report.