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What is the definition of MISCONDUCT of enforcement officers and enforcement agencies? According to subsection 24(1) of Act 700, EAIC can receive or be referred to for the following complaints of misconduct-
(a) act or inaction by an enforcement officer which is contrary to any written law;
(b) any act or inaction of an enforcement officer which, in the opinion of the Commission, is unreasonable, unjust, oppressive or improperly discriminatory;
(c) any act or inaction of an enforcement officer which is, in the opinion of the Commission, committed on improper motives, irrelevant grounds or irrelevant consideration;
(d) any act or inaction of an enforcement officer which is based on a mistake of law or fact;
(e) any act or inaction of an enforcement officer of which grounds should have been given but were not given;
(f) the failure of an enforcement officer to follow rules and procedures laid down by law or by the appropriate authority; and
(g) the commission of any criminal offence by an enforcement officer.
| No | Examples of Complaints Of Misconduct to EAIC |
| 1 | The enforcement officer or enforcement agency failed to carry out an appropriate enforcement action under his / her / its jurisdiction. |
| 2 | The enforcement officer failed to take action on a complaint made by a member of the public to the enforcement agency. |
| 3 | The enforcement officer failed to comply with a relevant Standard Operating Procedure (SOP) in performing his / her duties. |
