Microfinance Bill, 2012 H.B. 2, 2012 (b) advise the microfinancier that in its reply— (i) it may admit or deny the truth of the complaint or allegation; and (ii) if it— A. admits the truth of the complaint or allegation, it may make any statement in mitigation that it wished the disciplinary committee to consider; or B. denies the complaint or allegation, it may offer an explanation of its attitude to the complaint or allegation, indicating the basis of its defence; and (iii) it may indicate whether it wishes to be present through a member of its responsible authority or represented by a legal practitioner at an inquiry held to determine the truth of the complaint or allegation. 48 Determination of complaint or allegation (1) Having received a reply from a microfinancier in terms of section 47 or, if no such reply is received, after the expiry of the period within which the reply should have been sent, the disciplinary committee may proceed to determine the matter in accordance with this section. (2) In determining a matter for the purposes of this section, the disciplinary committee shall— (a) ensure that the microfinancier concerned has been given adequate opportunity to make representations in the matter; and (b) hold a hearing if there are factual disputes which in the committee’s opinion, cannot be resolved on the papers before the committee. (3) If the disciplinary committee holds a hearing, it shall not be bound by the rules of evidence applicable to a court of law. (4) For the purposes of a hearing into a complaint or allegation, the disciplinary committee may— (a) by subpoena, summon witnesses and require the production of any book, record, document or thing; and (b) through its chairperson, administer an oath to and take evidence from any witness; and (c) examine any book, record, document or thing produced to it. (5) A subpoena summoning a witness to attend before the disciplinary committee or to produce to it a book, record, document or thing shall— (a) be in the prescribed form; and (b) be signed by the Registrar or by his or her authorised delegate.. (6) The disciplinary committee may, with the approval of the Secretary, pay from the funds of the Ministry the expenses incurred by a person for attendance as a witness at a hearing into a compliant or allegation under this Part: - 28 -