Appeal dismissed for non-compliance with filing requirements
Appeal is summarily dismissed because the appellant did not meet filing requirements or appeal was filed late and the board did not approve an extension.
Constitutional matters
The Board does not have jurisdiction to decide constitutional matters. If a constitutional question is raised with respect to an appeal, the Board will proceed with the appeal unless an applicant makes application to a Court in the nature of a prohibition to prevent the Board from considering the application. In such a case, the Board may adjourn the proceedings pending a decision from the court.
Appeal proceeds
- When filing and time requirements have been met, Board staff sends the Notice of Appeal and all documents provided by the appellant to the Registrar.
- Subject to the Freedom of Information & Protection of Privacy Act, the Registrar must, within 10 business days, provide the Board and the appellant copies of all documents relevant to the appeal other than those filed by the appellant.
- When the information is received by the Board, the Board chair will appoint an appeal panel.
Appeal management conference
The Board may arrange an appeal management conference (AMC), usually by teleconference, to discuss the issues, potential evidence and format for the appeal (written submissions, telephone hearing or full oral hearing).
File reviews
Most appeals will proceed as file reviews at the outset, unless the Board feels that the appeal could be resolved more effectively by way of an oral hearing.
Once the Registrar’s material has been received, the Board will provide parties with a comment schedule. The submissions will normally be scheduled to proceed as follows:
- Appellant licensee’s comments – the appellant will be given 10 business days to provide additional submissions to the Board and the Respondent Registrar. (If the applicant has no submissions other than those submitted with the Notice of the Appeal, then it should advise the Board and Registrar of this).
- Respondent Registrar’s reply – the respondent will be given 10 business days to reply to the material filed by the appellant licensee (i.e. the Notice of Appeal and any additional comments. Replies must be sent to both the Board and the Registrar.
- Appellant licensee’s comments final comments – the appellant licensee will be given 10 business days to provide final comments to the Board and respondent registrar.
- Parties may request an extension to the submission timelines. Any such requests should be submitted in a timely manner and include reasons for the request and the length of the extension requested.
- If the appellant licensee or the registrar respondent does not provide written comments by the date specified (or as extended), then the Board may dismiss the appeal as having been abandoned or proceed to make a decision.
- The appellant licensee’s comments should contain the following information:
- the substance of the appellant’s objections to imposition of an administrative penalty by the Registrar
- the arguments and evidence which support these objections
- any documents the appellant is providing in support of their arguments
- The respondent registrar’s reply should contain the following information:
- the substance of the respondent’s objections to the appeal
- the arguments and evidence which support these objections
- reference to any documents previously provided that support these comments
- At the end of the “Comment/Reply Period” the Board may make a decision or it may hold an oral hearing, either by teleconference or in person.
Oral hearing
If the appeal proceeds by way of an oral hearing, including a teleconference, the Board will provide parties with the date, time and place of the hearing.
If the oral hearing is called after a file review, the information accumulated as part of the file review, will form part of the hearing material. Additionally, parties must provide to the Board and each other 10 business days before the scheduled date of the appeal:
- The names of the people the appellant or respondent intends to call as witnesses at the hearing
- The author and title of any additional documents the appellant or respondent intends to introduce as evidence at the hearing
- Any authority supporting the appellant’s or respondent’s position
If an oral hearing is held based on the Notice of Appeal and Registrar’s documentation only (with no additional comments), the Board will request the appellant licensee and respondent registrar to provide a “Statement of Points” and list of documents and witnesses prior to the hearing.
- The appellant must deliver its Statement of Points to the Board and the Respondent at least 10 business days prior to the hearing date. If the Statement of Points is not received within this time, then the Board may dismiss the appeal as having been abandoned, proceed to make a decision based on the material on file or adjourn the hearing.
- The respondent must deliver its Statement of Points to the Board and the appellant at least 10 business days prior to the hearing date. If the Statement of Points is not received within this time, the Board may adjourn the hearing, or cancel the oral hearing and make a decision on the appeal based on the material on file.
- Appellant Licensee’s Statement of Points should contain the following information:
- The substance of the appellant’s objections to imposition of an administrative penalty by the Registrar
- The arguments which the appellant will make at the hearing
- The names of the people the appellant intends to call as witnesses at the hearing
- The author and title of any documents the appellant intends to introduce as evidence at the hearing
- Any authority supporting the appellant’s position
- Respondent Registrar’s Statement of Points should contain the following information:
- The substance of the respondent’s objections to the appeal
- The arguments which the respondent will make at the hearing
- The names of the people the respondent intends to call as witnesses at the hearing
- The author and title of any documents the appellant intends to introduce as evidence at the hearing
- Any authority supporting the respondent’s position
Once the Statements of Points have been received, the Board may order an appeal management conference
The Board will hold the hearing, or a teleconference, which will proceed as follows:
- Appellant’s opening statement
- Appellant’s witnesses
- Respondent’s opening statement
- Respondent’s witnesses
- Respondent’s closing statement
- Appellant’s closing statement
Board rules regarding evidence, adjournments and hearing procedures will apply to appeal hearings.
Oral Hearings, excluding teleconferences, are open to the public.