Microfinance Bill, 2012 H.B. 2, 2012 Provided that— (i) no such payment shall exceed the amounts prescribed for attendance as a witness in a criminal trial held in a magistrates court; and (ii) any expenses incurred by the Ministry under this subsection shall, if the allegation against it is substantiated under this Part, be recoverable from the microfinancier concerned under an order as to costs referred to in subsection (10)(b). (7) A person giving evidence at a hearing before the disciplinary committee shall be entitled to the same privileges and immunities as if he or she were a witness giving evidence in a civil or criminal trial in a magistrates court. (8) If for the purposes of an investigation the disciplinary committee is required to determine an issue which has already been determined by a court of law, the committee may accept the court’s determination and may rely on any indictment, record, judgment or other evidence of the court’s proceedings or findings which the committee considers is reliable for the purposes of its own determination. (9) Where the disciplinary committee has determined an issue on the basis of a court’s previous determination, and the court’s determination is subsequently set aside on appeal or review, the disciplinary committee shall reconsider the issue in the light of the decision on appeal or review (10) If the disciplinary committee finds that a microfinancieris guilty of an undesirable method of conducting business, it shall notify the microfinancier, in writing, of that finding and— (a) may— (i) caution or reprimand the microfinancier; or (ii) impose on the microfinancier a fine not exceeding level twelve, which shall be paid into the funds of the Reserve Bank; or (ii) vary or cancel the registration of the microfinancier: Provided that the committee shall not impose any such penalty unless the microfinancierhas been given an adequate opportunity to make representations as to the appropriate penalty to be imposed; and (b) may make such order as to the costs of the proceedings as it thinks fit, including an order requiring the microfinancier to bear all the costs directly connected with the investigation. (11) Where a microfinancier, upon being notified of a complaint or allegation against it— (a) admits in writing truth of the complaint or allegation, with or without mitigation; or (b) indicates that it does not wish to be present or be represented at a hearing under this section, whether or not it accompanies the indication with an explanation or its attitude to the complaint or allegation; or (c) does not appear at a hearing under this section; the disciplinary committee may proceed to make a finding on the complaint or allegation without holding a hearing. - 29 -