(1) If—
(a) an employee applies for an initial review; and
(b) the public sector body fails to commence the initial review within 30 days after receiving the application—
the employee may apply to the Public Sector Standards Commissioner for review of the failure to commence the initial review.
(2) An application must be made under sub-regulation (1) no earlier than 40 days, and no later than 70 days, after the public service body received the application for initial review unless the Public Sector Standards Commissioner is satisfied that the circumstances justify acceptance of the application after that time.