87.9 Procedures at the GFC PRB Hearing

 

a. The quorum for the GFC PRB shall be the Chair and three (3) members. A member who is unable to participate in a GFC PRB panel may be replaced by an alternate member from the same category as the absent member, prior to the commencement of the hearing.

b. Appellant and Respondent may each be accompanied by one Advisor. (EXEC 04 JUN 2012)

c. If the Appellant or Respondent does not appear on the date set for the hearing of the appeal, the GFC PRB may, in its discretion, reschedule the hearing or proceed with the hearing in the absence of the Appellant or Respondent. (EXEC 04 JUN 2012)

d. The GFC PRB may accept any evidence that it, in its sole discretion, considers proper, whether admissible in a court of law or not, and it is not bound by the Alberta Evidence Act or the law of evidence applicable to judicial proceedings.

e. Material not submitted and/or witnesses not identified prior to the hearing will not be accepted unless the GFC PRB is of the opinion that, with the exercise of reasonable diligence, the document or witnesses could not have been made available or identified prior to the hearing and that the material or testimony of the witnesses is relevant to the appeal.

f. The Appellant, Respondent, and the GFC PRB may call and question witnesses and call evidence. (EXEC 04 JUN 2012)

g. The GFC PRB may receive advice from the Appeals Coordinator or other third party as to procedural, evidentiary, expert or legal issues that are raised during the course of an appeal. (EXEC 04 JUN 2012)

h. SUGGESTED HEARING PROCEDURES

The GFC PRB shall conduct hearings in a manner which, in its sole discretion, it considers proper. All determinants of process shall be made by the Chair. The hearing will normally follow these procedures, which it may vary: (EXEC 04 JUN 2012)

i) The Appeals Coordinator shall present the appeal to the GFC PRB and introduce the parties. (EXEC 04 JUN 2012)

ii) The Chair shall explain the rules of decorum, review the procedures to be followed, and confirm the jurisdiction of the GFC PRB. The Appellant and Respondent may make statements, present evidence and ask questions as noted in this section. All questions should be directed through the Chair unless the Chair decides otherwise. The Chair shall ensure that everyone has sufficient opportunity to ask questions. (EXEC 04 JUN 2012)

iii) The Chair shall invite the Appellant (and/or Advisor) to make an opening statement and present the case.(EXEC 04 JUN 2012)

iv) The Chair shall invite the Respondent (and/or Advisor) to question the Appellant. (EXEC 04 JUN 2012)

v) The Panel may question the Appellant. (EXEC 04 JUN 2012)

vi) The Appellant's witnesses shall be called by the Chair one at a time and shall be present only when they are providing evidence. The witnesses shall be questioned first by the Appellant (and/or Advisor), then by the Respondent (and/or Advisor), and finally by the Panel. The Appellant (and/or Advisor) may then re-question the witness, only on matters that have arisen in the course of the previous questioning by the aforementioned parties. (EXEC 04 JUN 2012)

vii) When questioning is concluded, the witness shall be dismissed by the Chair. The questioning procedures shall be repeated for each witness. (EXEC 04 JUN 2012)

viii) The Chair shall invite the Respondent (and/or Advisor) to make an opening statement and present the case. (EXEC 04 JUN 2012)

ix) The Chair shall invite the Appellant (and/or Advisor) to question the Respondent. (EXEC 04 JUN 2012)

x) The Panel may question the Respondent. (EXEC 04 JUN 2012)

xi) The Respondent’s witnesses shall be called by the Chair one at a time and shall be present only when they are providing evidence. The witnesses shall be questioned first by the Respondent (and/or Advisor); next by the Appellant (and/or Advisor); and finally by the Panel. The Respondent (and/or Advisor) may re-question the witness, only on matters that have arisen in the course of the previous questioning by the aforementioned parties. (EXEC 04 JUN 2012)

xii) When questioning is concluded, the witness shall be dismissed by the Chair. The questioning procedures shall be repeated for each witness. (EXEC 04 JUN 2012)

xiii) the Chair may invite expert witnesses or resource persons to address the hearing or to answer questions;

xiv) The Chair shall invite the Appellant (and/or Advisor) to present any evidence the Appellant (and/or Advisor) may have by way of rebuttal. Such evidence shall be subject to questioning by the Respondent (and/or Advisor); followed by the Panel. (EXEC 04 JUN 2012) 

xv) The Chair shall invite the Appellant (and/or Advisor) to make a brief closing statement which is not subject to questioning.

xvi) The Chair shall invite the Respondent (and/or Advisor) to make a brief closing statement which is not subject to questioning. (EXEC 04 JUN 2012)

xvii) The Chair shall adjourn the hearing for the GFC PRB’s deliberation; the Appellant and Respondent (and Advisors) shall leave the hearing. (EXEC 04 JUN 2012)

i. The GFC PRB shall reach a decision by majority vote. (EXEC 04 JUN 2012)

j. The Chair of the GFC PRB, where practical, will communicate the decision to the Appeals Coordinator. The Appeals Coordinator, as soon as possible, will relay the decision to the Appellant (and Advisor) and the Respondent (and Advisor). (EXEC 04 JUN 2012)

k. The Chair shall normally submit the written decision of the GFC PRB to the Appeals Coordinator within ten (10) Working Days of the decision being reached. The Appeals Coordinator shall then send a copy of the decision to the Appellant/ Respondent and their respective advisor, members of the GFC PRB Panel, the Office of General Counsel, and the panel of GFC AAC/UAB Chairs. (EXEC 04 JUN 2012) (EXEC 03 DEC 2012)