34.
| (1) Before making an enforcement order under section 33, the Commission shall -
| | (a) publish a notice in such manner as it thinks is appropriate for bringing the matter to the attention of persons likely to be affected by the enforcement order stating that the Commission is proposing to make such order ; | | |
| | (b) serve on the licensee a copy of the notice and a copy or the proposed order. | | |
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| (2) A notice referred to in subsection (1) shall set out -
| | (a) the relevant licence conditions or statutory requirements with the proposed order is intended to secure compliance ; | | |
| | (b) the acts or omissions which, in the opinion of the Commission. Constitute a contravention of that condition or requirement ; | | |
| | (c) any other facts which in the opinion of the Commission, justify the making of the proposed order ; | | |
| | (d) the effects of the proposed order ; and | | |
| | (e) the period, not being less than twenty eight days from the date of the notice, with which the licensee may make representations of objections to the proposed order ; | | |
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| (3) Before making an enforcement order under section 33. the Commission shall consider any representations and objections made to it under subsection (2). |
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| (4) The Commission shall not make an enforcement order it is satisfied that -
| | (a) the licensee has agreed to take, and it taking all such steps as the Commission consider that the licensee should take to secure compliance with the condition or requirement in question ; or | | |
| | (b) that the objectives imposed on the Commission by section 4 precludes it from doing so ;or | | |
| | (c) the contraventions or apprehended contraventions are trivial. | | |
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| (5) As soon as practicable after making an enforcement order the Commissions shall -
| | (a) serve a copy pf the order on the licensee to whom the order relates ; and | | |
| | (b) publish the order in such manner as it considers appropriate for bringing it to the attention of persons likely to be affected by it. | | |
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| (6) Before revoking an enforcement order, the Commission shall -
| | (a) publish a notice such manner as it thinks appropriate for bringing the proposed order of revocation to the attention of persons likely to be affected by it ; | | |
| | (b) serve a copy of the proposed order of revocation on the licensee ; and | | |
| | (c) consider any representation and objection made in response to the notice. | | |
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| (7) Every notice published under subsection (6) shall -
| | (a) state that the Commission proposes to revoke the order specified in the notice and the effect of the revocation ; and | | |
| | (b) specify a period being not later than twenty eight days from the date of publication of the notice, within which representations or objections to be proposed order or revocation may be made to the Commission. | | |
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| (8) If, after considering any representation and objections made in response to a notice published under subsection (6), the Commission decides not to revoke the enforcement order to which the notice relates, it shall give notice of its decision to the persons affected. |
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Sri Lanka Consolidated Acts