| 4.1 Type of Hearing |
| (a) |
Hearings may occur by any of the following means: |
| |
(i) |
Oral hearing - in person; |
| |
(ii) |
Oral hearing - by teleconference; or |
| |
(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 and the Tribunal will notify the parties in writing accordingly. |
| (f) |
A request to attend an oral hearing – in person by telephone will only be considered in exceptional circumstances. The party requesting to attend by telephone must deliver to the Tribunal a completed Request to Attend an Oral in Person Hearing by Telephone form including reasons for the request. The decision whether to approve the request will be made by the Tribunal Chair and the Tribunal will notify the parties in writing accordingly. |
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 appellant’s address for delivery. |
4.3 Hearing Date |
|
(a) |
Hearings will commence within 15 business days after the completed Notice of Appeal 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 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 completed Appeal Adjournment Request form  (PDF - 22KB) including reasons for the request. The Tribunal will notify the parties in writing of the Tribunal Chair’s decision. |
|
(b) |
If the Tribunal Chair or the other party does not consent to the request for an adjournment, the hearing will not be adjourned. |
|
(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 Member(s) of Panel |
|
(a) |
If a member of the panel has been prevented from attending a hearing, the Tribunal Chair will determine if the hearing will proceed or if the hearing will be rescheduled by the Tribunal. |
