Fair hearing in certificate renewal requires disclosure of inspection reports before adverse decision and rehearing on remand.

Renewal of an eligibility certificate could not stand where the applicants were not supplied copies of the inspection reports relied upon to renewal, because they were denied an effective opportunity to meet the adverse material. The fairness defect in the decision-making process required the matter to be reconsidered after disclosure of the reports and a further hearing. The refusal was therefore set aside in its existing form and remitted for rehearing.

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Issues: Whether the renewal of the eligibility certificate could be sustained when the applicants were not supplied copies of the inspection reports relied upon in rejecting renewal and whether the matter required remand for fresh consideration.

Analysis: The reports of the Commercial Tax Officer formed an important basis of the decision on renewal of the eligibility certificate. As the applicants were not given copies of those reports before the matter was finally decided, they were denied an effective opportunity to meet the material used against them. The defect went to the fairness of the adjudication and required the matter to be reconsidered after supplying the reports and giving a further hearing.

Conclusion: The refusal to renew could not stand in its existing form and the matter had to be sent back for rehearing after supply of the inspection reports.

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