Appeal Rules
PART 3: GETTING READY FOR THE HEARING
Division 1
Readiness for the Hearing
Sections
Certificate of readiness and request for hearing
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3.1(1) Every party who wishes to participate in an appeal hearing must file with the Appeals Commission, within 21 days of the date of the letter enclosing the appeal documents package,
- completed certificate of readiness to proceed in the prescribed form,
- a request for hearing in the prescribed form, containing the information required by rule 3.2 [Request for hearing form], and
- if required, a list of additional documents, with copies of them, on which the party intends to rely or to refer to.
(2) The Appeals Commission may refuse to schedule a hearing date if the appellant,
- does not file the certificate of readiness to proceed and a completed request for hearing in the prescribed form, or
- does not file or incorrectly files any other form or material.
(3) If the appellant does not remedy a deficiency, the Appeals Commission may, after giving notice of its intention to consider dismissing the appeal, dismiss the appeal for delay in proceeding in accordance with the procedure described in rule 3.13 [Dismissal of appeal for delay].
(4) If the Board or other party
- does not file a certificate of readiness to proceed or does not apply to the Appeals Commission to extend the 21 day time-limit before it expires, or
- does not file or incorrectly files any other form or material.
the non-compliance is not a reason for delaying the scheduling of a date for the appeal hearing.
Request for hearing form
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3.2 The request for hearing in the prescribed form filed with the Appeals Commission must include the following information:
- the party’s preference, with reasons, for either an oral hearing or a documents-only hearing;
- if an oral hearing is preferred, whether that party prefers to attend in-person or through conference telephone call, or some other form of electronic technology allowing persons to hear one another;
- if an oral hearing is preferred, whether that party requests that the proceedings be recorded;
- any special hearing requirements that the party may have;
- whether the party will be calling witnesses and, if so, their names, accompanied by a summary of evidence each witness will give;
- whether an interpreter will be required, and if so identify the language or languages for which interpretation will be required.
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Information note |
| The Appeal Commission decides whether a hearing is to be recorded under rule 4.3 [Recording the hearing and transcripts]. |
Interpreters
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3.3(1) 3.3(1) The Appeals Commission may direct that an interpreter be present at a hearing whether or not a request for an interpreter is made.
(2) When an interpreter is or may be required, the Appeals Commission is responsible for providing an independent interpreter at its cost.
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