| 4.1 Type of Hearing |
| (a) |
Hearings may occur by any of the following means: |
| |
(i) |
Oral hearing - in person; |
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(ii) |
Oral hearing - by teleconference; or |
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(iii) |
Written hearing. |
| (b) |
If the appellant indicates a preference for an oral hearing on the Notice of Appeal, the hearing will proceed as an oral hearing. The Tribunal will attempt to arrange the type of oral hearing requested by the appellant and this will depend on the availability of resources. |
| (c) |
If the appellant does not indicate a preference for the type of hearing, or indicates a preference for more than one method of hearing, the hearing will proceed as an oral hearing. |
| (d) |
If a party indicates a preference for a written hearing, the Tribunal will seek the consent of the other party. If consent is provided, the hearing will proceed in writing (Employment and Assistance Act section 22(3)). If one of the parties does not consent, the hearing will proceed orally. |
| (e) |
A subsequent request for a change in the type of hearing will only be considered in exceptional circumstances. Requests to change the type of hearing must be made in writing as soon as possible and indicate the reason for the request. The decision whether to allow the change will be made by the Tribunal Chair. |
| 4.2 Notice of Hearing |
|
(a) |
The Tribunal will notify the parties of the date, time and place of a hearing at least two (2) business days before the hearing is to commence (Employment and Assistance Regulation, section 85(2)). |
|
(b) |
The Tribunal will provide notification of the hearing to the appellant at the address for delivery provided by the appellant on the Notice of Appeal. |
4.3 Hearing Date |
|
(a) |
Hearings will commence within 15 business days after the completed Notice of Appeal in the specified form has been delivered to the Tribunal, unless the parties and the Tribunal Chair consent to a later date. (Employment and Assistance Regulation section 85(1)). |
4.4 Adjournments |
|
(a) |
If a party requests an adjournment more than one (1) business day prior to the commencement of the hearing, the party must obtain the written consent of the other party and the Tribunal Chair. The party requesting an adjournment must deliver to the Tribunal a complete Appeal Adjournment Request form  (PDF - 22KB) including reasons for the request. |
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(b) |
If the Tribunal Chair or the other party does not consent to the request for an adjournment, the hearing will not be adjourned. |
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(c) |
If a party requests an adjournment within one (1) business day prior to the hearing, the request must be made to the panel at the hearing and may be made notwithstanding that a prior request was not consented to. |
4.5 Absence of Panel Member(s) |
|
(a) |
If any of the appointed panel members have been prevented from attending the hearing and |
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(i)
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the appellant previously consented to a panel of less than three members, the panel will proceed with the hearing; or |
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(ii)
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the appellant did not previously consent to a panel of less than three members, the appellant will be given the choice:
| (A) | to proceed with the hearing at the scheduled time before a panel of less than three members; or |
| (B) | to proceed with the hearing as soon as possible before a panel of three members. |
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(b) |
If the appellant chooses (a)(ii)(B), and the Tribunal cannot arrange for alternative panel member(s) to attend the scheduled hearing, the hearing will be adjourned. |
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(c) |
The panel chair will immediately notify the Tribunal of any adjournment. |
