Subsection 2: Discipline

The commission may only rule on disciplinary matters in the presence of the chairman and at least eight of its members.

The Chairman of the National Council is required to report to the Government Commissioner any facts of which he is aware which may justify disciplinary proceedings.

The judicial administrator subject to disciplinary proceedings is summoned to appear by registered letter with acknowledgement of receipt at least fifteen days in advance. The summons shall specify, on pain of nullity, the facts on which it is based.

Judicial administrators summoned to appear before the commission may inspect their file at the secretariat. He shall appear in person; he may be assisted by a lawyer of his choice and, if he so wishes, by a registered receiver.

The commission may hear the author of the complaint. It may have all information gathered and all hearings held.

The Chairman of the Committee appoints one of its members to act as rapporteur for each case. Proceedings before the committee shall be public. However, the committee may decide that the debates will not be public if the receiver being sued expressly so requests or if their public nature would be prejudicial to public policy, a secret protected by law or business secrecy. This shall be mentioned in the decision….

The Secretary of the Commission shall notify the decision to the person concerned, the President of the National Council, the Guarantee Fund, the Government Commissioner and the Public Prosecutor when he has initiated disciplinary proceedings, by registered letter with acknowledgement of receipt. It shall also notify this decision to the Minister of Justice, in administrative form. The notification shall indicate the time limit and procedures for appealing against the decision….