(1)
The Board may inquire into any case in which it is alleged that a licensed surveyor has-
(a)
intentionally or through negligence, carelessness or incompetence made an incorrect survey or delivered an incorrect diagram or plan of any land or a diagram or plan which does not conform to the requirements of any rules made under this Act or to any lawful directions given to the licensed surveyor by the Commissioner;
(b)
made an untrue report or memorandum of any survey;
(c)
been convicted of any offence involving fraud or dishonesty or the contravention of any of the provisions of this Act or any rules made under it; or
(d)
been guilty of such improper conduct as to render him or her unfit to practise as a surveyor.
(2)
A meeting of the Board for the purpose of holding an inquiry under this section shall be convened by the Chairperson whenever any allegation of any misconduct referred to in subsection (1) against a licensed surveyor comes to his or her notice; except that the Chairperson may, in his or her discretion, require any such allegation to be supported by an affidavit.
(3)
At least twenty-one days prior to the date fixed for an inquiry under this section, notice in writing shall be served personally on the licensed surveyor whose conduct is the subject of the inquiry or sent to him or her by registered post at his or her last known address, informing him or her of the time and place fixed for the inquiry and of the substance of the allegation made against him or her and supplying him or her with a copy of any affidavit required under subsection (2) and where practicable of any document to be produced at the inquiry.
(4)
Any document to be produced at the inquiry shall be available at all reasonable times before the inquiry for inspection by the licensed surveyor or his or her advocate.
(5)
A licensed surveyor shall be entitled to be present throughout any inquiry under this section and, if he or she so wishes, may be represented by an advocate.
(6)
The Board may, if satisfied that the allegation is proved against the licensed surveyor, reprimand him or her, or may order his or her licence to be cancelled or to be suspended for such period as the Board thinks fit.
(7)
If at the time and place fixed for the inquiry the licensed surveyor fails without reasonable excuse to appear and the Board is satisfied that subsections (3) and (4) have been complied with, the Board may proceed with the inquiry as if the licensed surveyor were present.
(8)
An inquiry under this section shall be deemed to be a judicial proceeding for the purposes of sections 81, 82, 83, 84, 85 and 86 of the Penal Code Act.