109U.— (1) Subject to subsection (13), an adjudication officer shall decide whether, on the balance of probabilities, a relevant provider has breached or is breaching a relevant obligation having considered–

(a) the investigation report and submissions (if any) made by the relevant provider in accordance with section 109T,

(b) any further information or documentation provided by a relevant provider pursuant to a request for further information under section 109T(3)(b),

(c) any information or documentation provided by a person pursuant to a request for information under section 109T(3)(c) and any submissions made by the Minister or the relevant provider in accordance with section 109T(6), and

(d) any submissions, information, documentation, records or other evidence provided in proceedings before an adjudication officer.

(2) Where an adjudication officer makes a decision under subsection (1) that a relevant provider has not breached or is not breaching a relevant obligation, the adjudication officer shall, as soon as practicable after making the decision, send the Minister a copy of that decision.

(3) The Minister shall, as soon as practicable after receiving a copy of a decision referred to in subsection (2), give notice in writing of the decision to the relevant provider.

(4) Where an adjudication officer makes a decision (in this Chapter referred to as a “decision as to breach”) under subsection (1) that a relevant provider has breached or is breaching a relevant obligation, the adjudication officer shall–

(a) where he or she is not imposing an administrative sanction under subsection (12) in respect of a decision as to breach, by notice in writing inform the Minister of the decision as to breach, the reasons for that decision and that he or she is not imposing an administrative sanction, or

(b) where he or she proposes to impose an administrative sanction under subsection (12) in respect of a decision as to breach, send a notice in accordance with subsection (7).

(5) Where subsection (4)(a) applies, the Minister shall send a copy of the notice under that subsection to the relevant provider concerned within 7 days of receipt of the notice and shall, at the same time, by notice in writing–

(a) require the relevant provider to comply with the relevant obligation in respect of which the decision as to breach relates,

(b) state that the relevant provider is entitled to appeal, in accordance with section 109ZB, against the decision as to breach and state the period within which such an appeal may be made in accordance with that section, and

(c) state that where the relevant provider does not bring an appeal under section 109ZB, the Minister shall, as soon as is practicable after the expiration of the period for making an appeal under that section, make an application under section 109ZC in a summary manner for confirmation of the decision as to breach.

(6) The Minister shall, in accordance with subsection (5)(c), where no appeal is made by the relevant provider concerned under section 109ZB within the period allowed for making the appeal, apply to the Circuit Court under section 109ZC for confirmation of the decision as to breach.

(7) Where subsection (4)(b) applies, the adjudication officer shall send a notice in writing to the Minister and the relevant provider concerned–

(a) informing the Minister and the relevant provider of the adjudication officer’s decision as to breach and the reasons for that decision,

(b) stating the intention of the adjudication officer to impose an administrative sanction under subsection (12) and the sanction proposed, and, where the sanction proposed is a financial penalty, the amount of the financial penalty proposed and where the sanction proposed is a daily penalty payment, the amount of the daily penalty payment proposed, and

(c) stating that–

(i) the Minister may make submissions in writing to the adjudication officer, within the period specified in the notice, in relation to the administrative sanction and, where applicable–

(I) on the amount of the financial penalty and the factors to be taken into account in determining the amount of the penalty in accordance with section 109Z, as the case may be, or

(II) on the amount of the daily penalty payment and the factors to be taken into account in determining the amount of the penalty in accordance with section 109ZA, as the case may be,

and

(ii) the relevant provider may make submissions in writing in accordance with subsection (10).

(8) The Minister may make submissions under subsection (7)(c)(i) within the period specified in the notice under that subsection or, where the adjudication officer is satisfied there are good reasons to do so, within such further period, not exceeding 10 days, as he or she may agree in writing with the Minister.

(9) An adjudication officer shall give the relevant provider a copy of any submissions made by the Minister in accordance with subsection (8).

(10) An adjudication officer shall, by notice in writing, state that the relevant provider may, within the period specified in the notice, make submissions in writing to the adjudication officer–

(a) where no submissions are received from the Minister in accordance with subsection (8), in relation to the matters referred to in subsection (7)(c), or

(b) where submissions are received from the Minister in accordance with subsection (8), in relation to the matters referred to in subsection (7)(c) and those submissions.

(11) Submissions may be made by a relevant provider under subsection (10) within the period specified in the notice under that subsection or, where the adjudication officer is satisfied there are good reasons to do so, within such further period, not exceeding 10 days, as he or she may agree in writing with the relevant provider.

(12) Subject to subsection (13), where an adjudication officer makes a decision as to breach, he or she may impose an administrative sanction–

(a) having considered the matters referred to in paragraphs (a) to (d) of subsection (1) and any submissions made in accordance with subsection (8) by the Minister and subsection (11) by the relevant provider,

(b) where the sanction being imposed is a financial penalty, in accordance with section 109Z, and

(c) where the sanction being imposed is a daily penalty payment, in accordance with section 109ZA.

(13) A decision as to breach and an administrative sanction in relation to that breach shall take effect in accordance with section 109Y.]