Where it is clear that the person lodging the appeal lodged it after the expiry of the ten-day period provided for in Article 149-3, the chairman of the committee may, after notifying the persons listed at 1° to 3° of Article R. 40-4, decide that there is no need for further investigation or for the acts provided for in Articles R. 40-8 to R. 40-15. He may proceed in the same way when the appeal has been lodged against a decision of the first president of the court of appeal made pursuant to the provisions of articles R. 36 or R. 39.
The provisions of article R. 40-16.