Residential Tenancies Act 2004

Removal of an adjudicator from the panel.

165

165.—(1) The Board may, in accordance with this section, remove an adjudicator from the panel formed under section 164(4) (“the panel”).

(2) If it appears to the Board that an adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, it may apply to the District Court for an order under subsection (3) authorising the removal of the adjudicator from the panel.

(3) On the hearing of an application under this section and having considered the evidence adduced by the Board in the matter and any evidence adduced by or on behalf of the adjudicator, the District Court shall, if it finds that the adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, make an order authorising the Board to remove the adjudicator from the panel.

(4) On the making of such an order (or, if the order is appealed to the Circuit Court and the Circuit Court confirms the order, on the order being so confirmed), the Board shall remove the adjudicator from the panel.

(5) Save where the period of his or her appointment has expired or a failure (not amounting to misconduct) by him or her to comply with the terms and conditions upon which he or she was appointed occurs, an adjudicator shall not be removed from the panel otherwise than in accordance with this section or with his or her consent.

(6) In this section “misconduct” means any conduct likely to bring the procedures for determinations by adjudicators under Part 6 into disrepute and includes—

( a) any demonstration by an adjudicator of bias towards the interests of a party before him or her,

( b) gross discourtesy by an adjudicator to one or more of the parties before him or her, and

( c) wilful failure by an adjudicator to attend to his or her duties as an adjudicator.