45. (1) Applicant institutes may appeal a decision under section 34(4)(b) or (c) or section 35(4)(d)(ii) and an applicant college and applicant technological university may appeal a decision under section 42(3)(b) F25[and an applicant higher education provider and applicant technological university may appeal a decision under section 44E(3)(b)].

(2) The Minister, within 7 days of receipt of a notice of appeal shall request nominations from the Qualifications and Quality Assurance Authority of Ireland of persons to appoint to an appeals board for the purposes of that appeal.

(3) As soon as practicable, and in any event not later than 42 days after the Minister’s request under subsection (1), the Qualifications and Quality Assurance Authority of Ireland shall nominate—

(a) 2 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, one of whom shall be the chairperson and one of whom shall be an ordinary member of the appeals board, and

(b) one person to be an ordinary member of the appeals board who, as a practising solicitor or a practising barrister, has not less than 10 years’ experience.

(4) (a) An employee or member of the Qualifications and Quality Assurance Authority of Ireland shall not be nominated under subsection (3)(a).

(b) A solicitor or barrister who is in the full-time service of the State shall not be nominated under subsection (3)(b).

(5) The Minister shall appoint an appeals board, consisting of the chairperson and ordinary members nominated under subsection (3), who shall be paid such fees and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(6) The Minister shall furnish such support of an administrative nature to an appeals board as the Minister in his or her opinion determines is necessary to enable the board to perform its functions.

(7) In relation to the appeal falling to be determined by an appeals board, the board—

(a) shall establish the procedures to be followed regarding the making of submissions to the board and their form, and

(b) may establish the procedures to be followed regarding—

(i) the holding of a hearing,

(ii) the examination by the board of the parties to the appeal or other persons,

(iii) requests by the appeals board for information or further information, for the purposes of the appeal, from the parties to the appeal or other persons,

(iv) provision by the appeals board to the parties to the appeal of all information for the purposes of the appeal received by the appeals board, and

(v) any other matter as the appeals board considers appropriate for the proper performance of its functions.

(8) An appeals board shall be independent in the performance of its functions.