(1) In investigating a complaint the Regulator may—
| (a) |
delegate, in accordance with section 45 of the Act, the power to conduct an investigation into the complaint; |
| (b) |
engage and utilise the services of experts or professional persons to assist in the performance of its investigative function; |
| (c) |
request additional information in respect of the complaint from the Authority, the complainant or any other relevant party; |
| (d) |
request, from the Authority, the complainant or any other relevant party, access to all documentation, records, reports, accounting records, meeting minutes and related information which the Regulator believes it requires for it to conduct the investigation; and/or |
| (e) |
interview members of the Authority, the complainant and other interested parties and any employees of these bodies. |
| (2) |
If the Regulator determines in terms of directive 3(1)(b) that a complaint will be investigated it shall, within 15 days of receipt of the complaint, notify the complainant and the Authority of its determination and shall provide a copy of the complaint to the Authority and request the Authority to provide it with an answer to the complaint and with such additional information and documentation related to the complaint as is required by the Regulator, within the period specified in the notice which period shall not be less than 15 days. |
| (3) |
Subject to directive 16, the Regulator shall provide the complainant with a copy of the Authority's answer and request the complainant to respond to the answer within the period specified by the Regulator, which period shall not be less than 15 days. |
| (4) |
If the relief requested by any complainant will materially and adversely affect the rights or legitimate expectations of any third party, the Regulator must ensure that all such affected persons are informed of the substance of the complaint and the relief sought and have an opportunity to submit their views and any relevant evidence on the matter before a decision is taken. |
Foodstuffs, Cosmetics and Disinfectants Act, 1972
