Rule 11 - Oral Hearings

Notice of an oral hearing

11.01 Written notice of an oral hearing shall be given by the secretary to the Tribunal to the parties to an appeal and others as required by statute and to such other persons as the Tribunal considers necessary.

Contents of notice

11.02 The notice of hearing shall include,

Oral hearings to be public

12.01 All oral hearings shall be open to the public except where the Tribunal determines that an appeal should be heard in the absence of the public.

Procedure at hearing

12.02 Subject to these rules and any applicable statute, the procedure at an oral hearing shall be determined by the presiding members of the Tribunal.

Site View

12.03 Where the Tribunal takes a view of a site as part of an oral hearing, the panel members will travel together in a vehicle separate from the parties. When at the site the parties and panel will remain in a group allowing all persons present to hear all discussions. A summary of the viewing will be included in the decision of the Tribunal.

Hearing in the absence of a party

12.04 If a party to a hearing does not object or participate the Tribunal may proceed without the party's participation and the party will not be entitled to any further notice in the proceeding.

Rule 13 - Written Hearings

Holding a written hearing

13.01 The Tribunal may conduct any proceeding or part of a proceeding by means of a written hearing where requested to do so, or where it determines it is appropriate to do so.

Factors to be considered

13.02 In deciding whether to hold a written hearing the Tribunal may consider any relevant factors, including,

Change of format

13.03 The Tribunal may continue a written hearing as an oral hearing or an electronic hearing whenever the Tribunal considers it appropriate to do so.

Notification by Tribunal

13.04 If the Tribunal decides to convert a written hearing into an oral hearing or an electronic hearing or to start the proceeding again as an oral hearing or an electronic hearing, it shall notify the parties to the proceeding of its decision and may provide directions as to the holding of that hearing and the procedures set down in these rules for that type of hearing will apply to the converted or restarted hearing.

Notice of a written hearing

13.05 The Tribunal shall provide a notice of a written hearing which shall include,

Other information may be included

13.06 The Tribunal may include any other information which it considers advisable in the notice of written hearing.

Objections

13.07 A party to a proceeding who receives a notice of written hearing may file with the Tribunal and serve on each of the other parties to the proceeding an objection to the hearing being held as a written hearing within three business days after being served with the notice of written hearing.

Conversion to oral hearing

13.08 If the Tribunal receives an objection from a party to a proceeding who receives a notice of written hearing the Tribunal shall convert the hearing to an oral or electronic format if the objecting party satisfies the Tribunal that there is good reason for the format change.

Supporting documents

13.09 The appellant shall file with the Tribunal and serve on the other parties to the appeal the evidence that supports the remedy or order requested within three business days after receiving confirmation from the Tribunal that no one objected to the holding of the written hearing.

Additional information may be required

13.10 The Tribunal may require the appellant to provide further information regarding its case and this information shall be supplied to the other parties and such other persons as the Tribunal may direct.

Disclosure

13.11 A pre-hearing order by the Tribunal may determine the procedure for filing of evidence, submissions, documents and other material where a request has been made by a party for a written or electronic hearing in lieu of an oral hearing.

Evidence

13.12 The evidence shall be in writing or, when electronic transmission of evidence is permitted, it shall be in the form directed by the Tribunal.

13.13 The evidence shall identify the person giving the evidence and shall be in certified form or in affidavit form, unless the Tribunal orders otherwise.

13.14 Evidence shall include all documents and things a party is relying on to support the remedy or order requested.

No oral examination without permission

13.15 There shall be no oral examination unless ordered by the Tribunal.

Production of witnesses

13.16 If a party requests, the Tribunal may order that a party present a witness to be examined upon such conditions as the Tribunal directs.

Hearing in the absence of a party

13.17 If a party to a written hearing does not object or participate the Tribunal may proceed without the party's participation and the party will not be entitled to any further notice in the proceeding.

Access to documents by parties

13.18 Subject to the Tribunal Rule #23 (Restricted Access Rule), all parties are entitled to receive every document that the Tribunal receives in a proceeding.

Access to documents by public

13.19 Subject to the Tribunal Rule #23 (Restricted Access Rule), all documents that are filed in respect of a proceeding shall be accessible to the public upon reasonable notice to the Tribunal.

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