The Land Transport Regulatory Authority (Review Procedures) Rules, 2020
This is a section heading for interpretation in Part II on proceedings of the review panel.
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- The Land Transport Regulatory Authority (Review Procedures) Rules, 2020
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This is a section heading for interpretation in Part II on proceedings of the review panel. This section is about a duty to disclose a conflict of interest. Proceedings are not invalidated by irregularity. The Review Panel may regulate its own proceedings. Section 14 is titled “Recommendation” and appears in Part V (General Provisions).
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Provisions of The Land Transport Regulatory Authority (Review Procedures) Rules, 2020
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Interpretation
AI-assisted research summary: This is a section heading for interpretation in Part II on proceedings of the review panel.
2. Interpretation. PART II PROCEEDINGS OF REVIEW PANEL
Part
PART II
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Duty to disclose conflict of interest
AI-assisted research summary: This section is about a duty to disclose a conflict of interest.
4. Duty to disclose conflict of interest. - 7 Verify source ↗
Proceedings not invalidated by irregularity
AI-assisted research summary: Proceedings are not invalidated by irregularity.
7. Proceedings not invalidated by irregularity. - 8 Verify source ↗
Review Panel may regulate its own proceedings
AI-assisted research summary: The Review Panel may regulate its own proceedings.
8. Review Panel may regulate its own proceedings. 1 Land Transport Regulatory Authority (Review Procedures) Rules GN. No. 73(contd.) PART III PROCEDURE OF APPLICATION FOR REVIEW - 3 Verify source ↗
(1) Subject to Section 26 of the Act, the
AI-assisted research summary: The Review Panel needs three members for quorum, and the Chairman of the Board must appoint the Review Panel Chairman from among the panel members.
3.-(1) Subject to Section 26 of the Act, the quorum at any meeting of the Review Panel shall be three members. (2) The Chairman of the Board shall appoint a Chairman of the Review Panel amongst members of the Review Panel. - 4 Verify source ↗
Every member of the Review Panel having
AI-assisted research summary: Review Panel members must disclose any interest they have, or that their spouse or children have, in matters under discussion.
4. Every member of the Review Panel having directly or indirectly by himself, his spouse or children, any interest in any matter under discussion by the Review Panel, shall disclose to the Review Panel the fact of his interest and the nature thereof as soon as practicable after the relevant fact has come to his knowledge. - 5 Verify source ↗
Matter in the Review Panel shall be decided
AI-assisted research summary: Review Panel matters are decided by majority vote of members present; if the vote is tied, the Chairman has the casting vote.
5. Matter in the Review Panel shall be decided by majority of the vote of members present and in the event of the equality of the vote the Chairman shall have a casting vote. - 6 Verify source ↗
(1) The official seal of the Review Panel shall
AI-assisted research summary: The Review Panel decides the shape, size, and form of its official seal.
6.-(1) The official seal of the Review Panel shall be of such shape, size and form as the Review Panel may determine. (2) The official seal of the Review Panel shall be duly affixed if witnessed under hand by the Chairman or any other person dully authorized in that behalf. 4 Land Transport Regulatory Authority (Review Procedures) Rules GN. No. 73(contd.) Proceedings not invalidated by irregularity - 7 Verify source ↗
Proceedings of the Review Panel shall not be
AI-assisted research summary: The Review Panel’s proceedings are not invalidated by defects in member appointments or by a member’s disqualification, and the Panel may regulate its own proceedings.
7. Proceedings of the Review Panel shall not be invalid by reason of any defect or irregularity in the appointment of any member or by reason that any person who purported bona fide to act as a member at the time of the proceeding was in fact disqualified or not entitled to act as a member. Review Panel may regulate its own proceedings - 8 Verify source ↗
Subject to these Rules, the Review Panel shall
AI-assisted research summary: The Review Panel has power to regulate its own procedure for meetings and meeting transactions, subject to these Rules.
8. Subject to these Rules, the Review Panel shall have power to regulate its procedure in relation to its meetings and the transaction of its meetings. PART III PROCEDURE OF APPLICATION FOR REVIEW Procedure for application
Part
PART IV
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Recommendation
AI-assisted research summary: Section 14 is titled “Recommendation” and appears in Part V (General Provisions).
14. Recommendation. PART V GENERAL PROVISIONS - 11 Verify source ↗
Upon presentation of all pleadings, the
AI-assisted research summary: Once all pleadings are presented, the application is treated as ready for hearing, and the Chairman of the Review Panel must serve both parties with a hearing notice.
11. Upon presentation of all pleadings, the application shall be deemed to be ready for hearing and the Chairman of the Review Panel shall serve both parties to the application with a notice of hearing. Procedure on non- appearance - 12 Verify source ↗
(1) Where an applicant does not appear on a
AI-assisted research summary: If the applicant fails to appear without reasonable cause, the Review Panel may dismiss the application; if the respondent fails to appear without reasonable cause, the application may proceed ex parte.
12.-(1) Where an applicant does not appear on a day fixed for hearing without reasonable cause, the Review Panel may dismiss the application. (2) Where the respondent does not appear without reasonable cause, the application may proceed exparte. the applicant appears and Recommendation - 13 Verify source ↗
The Review Panel shall prepare
AI-assisted research summary: The Review Panel must prepare its recommendations in writing and submit them to the Board within five working days after the hearing is completed.
13. The Review Panel shall prepare its recommendations in writing and submit the same to the Board for determination within five working days after completion of the hearing. PART V GENERAL PROVISIONS Obstruction of proceedings
Part
PART V
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Withdrawal of application
AI-assisted research summary: Section 16 is titled “Withdrawal of application,” but the provided text does not include the operative rule.
16. Withdrawal of application. 2 Land Transport Regulatory Authority (Review Procedures) Rules GN. No. 73(contd.) THE LAND TRANSPORT REGULATORY AUTHORITY ACT, (CAP. 413) ________ RULES ________ (Made under section 41) ________ THE LAND TRANSPORT REGULATORY AUTHORITY (REVIEW PROCEDURES) RULES, 2020 Citation Interpretation Cap.413 Cap.413 Cap.413 Cap.413 PART I PRELIMINARY PROVISIONS - 14 Verify source ↗
Any person who obstructs the proceedings of
AI-assisted research summary: Any person who obstructs the Review Panel’s proceedings commits an offence and can be fined.
14. Any person who obstructs the proceedings of the Review Panel commits an offence and shall be liable to a fine not less than five hundred thousand Shillings and not exceeding three million Shillings. 6 Land Transport Regulatory Authority (Review Procedures) Rules GN. No. 73(contd.) Withdrawal of application - 15 Verify source ↗
(1) The applicant may, at any time prior to
AI-assisted research summary: The applicant may withdraw an application any time before the hearing starts, and the panel must record it as withdrawn without cost.
15. (1) The applicant may, at any time prior to commencement of hearing, withdraw an application. (2) Upon for withdrawal, the panel shall mark the application withdrawn without cost. receipt of an application JOHN S. NDUNGURU, Dar es Salaam, Chairman of the Board Land ……………………2020 Transport Regulatory Authority 7
Part
PART I
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These Rules may be cited as the Land
AI-assisted research summary: These Rules may be cited as the Land Transport Regulatory Authority (Review Procedures) Rules, 2020.
1. These Rules may be cited as the Land Transport Regulatory Authority (Review Procedures) Rules, 2020. - 2 Verify source ↗
In these Rules unless the context requires
AI-assisted research summary: This section defines key terms used in the Rules, including “Act,” “Authority,” “Board,” “Director General,” “management,” and “Review Panel.”
2. In these Rules unless the context requires otherwise - “Act” means the Land Transport Regulatory Authority Act; “Authority” means the Land Transport Regulatory Authority or in its acronym “LATRA” established under section 4 of the Act; “Board” means the Land Transport Regulatory Authority Board established under section 7 of the Act; “Director General” means the Director General of the section 15 of the Authority appointed under Act; “management” means the Director General of the Authority, director, head of unit, manager or 3 Land Transport Regulatory Authority (Review Procedures) Rules GN. No. 73(contd.) Cap.413 any other officer authorized to issue decision on behalf of the Authority; and “Review Panel” means the Review Panel established by the Board in accordance with section 26 of the Act. Quorum of Review Panel Duty to disclose conflict of interest Decision of Review Panel Official seal PART II PROCEEDINGS OF REVIEW PANEL
Part
PART III
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(1) A person who is aggrieved by any
AI-assisted research summary: A person aggrieved by a management decision may apply for review within 14 days, and the Authority and Review Panel must act within set time limits.
9.-(1) A person who is aggrieved by any decision made by management of the Authority may, within fourteen days upon receipt of the record of the decision, apply to the Authority for review of the decision. (2) An application for review or service of document on any party may be done by hand, fax, register’s box, courier service or by electronic mail. (3) The Authority shall, within five days upon receipt of the application, submit it to the review panel for determination. (4) The Review Panel shall, within five days upon receipt of the application, constitute to initiate proceedings of the matter. (5) The Review Panel shall notify the Authority of the application for review and require it to reply within five working days from the date of notification, Provided that the Review Panel may grant an extension of time for presentation of the reply on the application. (6) The Applicant may lodge a rejoinder within three days upon receipt of the reply by the Authority. 5 Land Transport Regulatory Authority (Review Procedures) Rules GN. No. 73(contd.) (7) Every document issued by the Review Panel shall be signed by the Chairman of the Review Panel and shall be affixed with the seal of the Review Panel. Filing of application out of time - 10 Verify source ↗
The Review Panel may, where the applicant
AI-assisted research summary: The Review Panel may grant extra time to file an application made late if the applicant gives sufficient reasons.
10. The Review Panel may, where the applicant provides sufficient reasons, grant an extension of time for filing an application out of time. PART IV HEARING OF APPLICATION Notice of hearing
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