Article 26
Constitution of a Review Panel
1.
A service provider aggrieved by a regulatory measure of the Authority may, within 30
days of issuance of the notice of such regulatory measure, submit to the Authority a
request for review of such regulatory measure.
2.
A Review Panel may be constituted in accordance with the process described in
paragraph 4 or 5 of this article as selected by the service provider requesting review.
3.
A request for review shall identify the relevant regulatory measure, summarise the
grounds for review and indicate the selected Review Panel constitution process.
4.
Within 7 days from the Authority’s receipt of a request for review selecting the
constitution of a Review Panel in accordance with this paragraph, the Authority shall
transmit such request to the Secretary who shall, within 21 days from receiving such
request from the Authority, appoint a Review Panel consisting of one or three members
of the List of Experts, which may include himself or herself, to undertake a review.
5.
Within 14 days from the Authority’s receipt of a request for review, if it has not been
possible to establish the Review Panel from the List of Experts, the Authority and the
service provider requesting review shall each nominate a person and the two nominated
persons shall, within 14 days from their appointment, nominate a third person to chair the
Review Panel, provided there is no incompatibility among all such persons pursuant to
paragraph 4 of article 25.
6.
A Review Panel comprising three members shall decide by majority of its members.
7.
Before appointment to the Review Panel, each member proposed for appointment to the
Review Panel shall sign and deliver to the Authority and any interested service providers
a statement confirming his or her independence from the Authority and service providers
and his or her eligibility pursuant to paragraph 4 of article 25, and disclose any facts or
circumstances which are of such nature as to call into question his or her independence.
Article 27
Review Process
1.
The Review Panel shall determine the procedure for the review and may issue procedural
instructions, and the Authority and service providers shall comply with such procedural
instructions.
2.
The Review Panel may, for the sake of ensuring a good procedural order, adapt the time
periods provided for in this article where under the circumstances it considers it
necessary in order to ensure the parties’ right to be heard and contest the other’s
arguments.
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