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Within how many days can an offender file representation before the Hearing Officer?

According to the PERA Act 2024, an offender is granted a period of 30 days to file a representation before the Hearing Officer. This timeline is a crucial safeguard built into the Act, ensuring that individuals have a fair opportunity... Read More

1 PERA MCQ'S

Within how many days can an offender file representation before the Hearing Officer?

  • 7 days
  • 17 days
  • 30 days
  • 60 days
Correct Answer: C. 30 days

Detailed Explanation

According to the PERA Act 2024, an offender is granted a period of 30 days to file a representation before the Hearing Officer. This timeline is a crucial safeguard built into the Act, ensuring that individuals have a fair opportunity to challenge actions, penalties, or enforcement decisions taken against them.


The 30-day period strikes a balance between efficiency and fairness. On one hand, it provides the offender with sufficient time to prepare documentation, collect evidence, and present their case properly before the Hearing Officer. On the other hand, it prevents unnecessary delays in the enforcement process, thereby maintaining the effectiveness of regulatory mechanisms.


The Hearing Officer, appointed under Section 16 of the PERA Act 2024, has the legal responsibility to hear such representations impartially. Once a representation is filed, the Hearing Officer examines the matter, conducts necessary hearings, and may forward a reference for final decision by the Chairperson of the Board or the Authority depending on the case.


Allowing 30 days for representation reflects a principle of natural justice embedded in the Act. It ensures offenders are not deprived of their right to appeal or defend themselves, while also ensuring that proceedings are completed within a defined legal framework.


 


 

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