ODA Adjudication Panel
In cases where a formal investigation and decision into a member is needed the ODA staff will carry out the investigation and put their findings before an adjudication panel. This page sets out the basics of how a case will be considered by a Panel.
- Panels will generally consist of three members; two lay members and an industry member to be nominated by the Board. The Panel will be chaired by a lay member, generally one with a legal as well as an adjudicatory background. Panels should have a lay majority.
- Panels will consider cases in person at a meeting arranged by the Executive. Exceptionally Panels may consider a case by phone-conference.
- Panels should have case papers a week in advance of their meeting.
- Panels will consider cases “on paper” but it is open to a ODA Member to ask for a slot with a Panel in advance of an adjudication if the ODA Member has any concerns over the ODA’s understanding of their position on the issues in dispute or wish to set out their business model and approach to ensure understanding on the part of those who will sit in adjudication.
- These (informal) representations and any questions that arise from them should be limited to the time necessary to achieve this outcome. The session is not part of the hearing and the hearing is not adversarial with legal or other representation.
- The Executive staff should attend the Panel meeting. They are not party to the decision but present to answer questions related to the investigation and to any recommended conclusion.
- The Executive should provide secretariat support to the Chair to ensure the discussion and decisions are properly recorded.
- Panel decisions are final. Panels may issue reprimands and reminders to members of their Code obligations. They may seek specific changes or assurances necessary to bring a service in line with the Code of Practice. Panels can in the most serious cases conclude that a company should have its ODA membership terminated. It would be for the Panel to communicate this to the ODA board. The board is not there to re-hear the case. It is being asked to decide if the misconduct found merits this sanction.
- Panel And board decisions will be made public (online) with a case narrative that would allow readers to understand the issue and the basis for the decision.