Sub-paragraph 3: Hearings

The Chairman of the Commission or the magistrate designated by him decides to call the case for a hearing if the difficulty of the question raised so warrants.

When a case is called to hearing, the parties shall be notified, by any means allowing proof of receipt by the addressees, at least seven days before the day of the hearing. Parties or their agents who use electronic means may be summoned to the hearing by the same means. The provisions of article R. 2333-120-42 are applicable. The notice of hearing informs the parties of the closing date of…

Commission hearings are public. The judge ruling alone or the chairman of the panel ensures the order of the hearing and directs the proceedings. Persons attending the hearing must behave in a dignified manner and show the respect due to justice. It is forbidden for them to speak without having been invited to do so, to give signs of approval or disapproval, or to cause any disorder whatsoever. He may…

After the report on each case by the investigating magistrate, the parties may present oral observations in support of their written submissions, either in person or through their representative. The panel or the magistrate ruling alone may also hear the agents of the competent administration or call them before the court to provide explanations and, exceptionally, request clarifications from any person present whom one of the parties wishes to hear.

The decision is deliberated in the absence of the parties.

Persons participating in or attending the deliberations are subject to the obligation to observe secrecy, failing which they may incur the penalties provided for in article 226-13 of the Criminal Code.

A member of the panel who assumes that he or she is the cause of the challenge or who conscientiously considers that he or she should abstain shall be replaced by another member designated by the chairman of the committee. A party who wishes to challenge a member of a panel must, on pain of inadmissibility, do so by means of a special document submitted to the committee as soon…