Appeal Process Overview

Transcription

1 Appeal Prcess Overview Scpe f Appeals The Bard may hear appeals frm administrative penalties impsed n a licensee by the Registrar f Passenger Transprtatin Parties t Appeals The appellant is the licensee wh has received an administrative penalty The respndent is the Registrar wh has impsed an administrative penalty n the licensee Nte: If the bard requests infrmatin frm the registrar fr the purpses f an appeal, the registrar may in writing designate an fficer r emplyee f the Registrar t attend befre the bard if, in the pinin f the registrar, that designated persn is knwledgeable in respect f the appeal being cnsidered by the bard. Bard s Authrity After cnsidering the infrmatin prvided by the licensee and the registrar, the Bard must (a) rescind any r all f the penalties, r (b) cnfirm any r all f the penalties. Timeline fr Filing a Ntice f Appeal A Ntice f Appeal must be filed nt mre than 30 calendar days after a licensee receives Ntice frm the Registrar, Passenger Transprtatin that an Administrative Penalty has been impsed n the licensee. Exceptins t Timelines fr Filing a Ntice f Appeal The bard may extend the time t file a ntice f appeal if the bard is satisfied that (a) special circumstances existed that precluded the filing f a ntice f appeal within the 30 day time perid and (b) an injustice wuld therwise result. Orders t Suspend Administrative Penalties On an appeal frm an rder f the registrar impsing an administrative penalty, ther than an administrative fine, the bard may rder that the registrar's rder is suspended until the utcme f the appeal. Steps in the Appeal Prcess A. NOTIFICATION 1. Registrar s ntificatin t a licensee f an Administrative Penalty must include written ntificatin that the licensee may appeal the Registrar s decisin t the Bard. Updated April 2006

2 2. Ntice f Appeal is filed with the Bard within 30 calendar days f receipt f ntice f Administrative Penalty (either n frm prepared by Bard r in a dcument prepared by appellant) All Ntice f Appeals must be in writing and cntain the fllwing infrmatin 1. Identificatin f the decisin that is being appealed, 2. why the decisin shuld be changed, 3. the utcme requested, 4. the name, address and telephne number f the appellant, and, if the appellant has an agent t act n the appellant's behalf in respect f the appeal, include the full name f the agent and a telephne number at which the agent may be cntacted during nrmal business hurs, 5. an address fr delivery f any ntices in respect f the appeal, and 6. signature by the appellant r the appellant's agent. Ntice f Appeal must be accmpanied by the $150 fee in the frm f a cheque r mney rder. If a Ntice f Appeal is incmplete (i.e. missing ne f the 1-6 abve) rnt accmpanied by a fee, the Bard may allw an appellant a reasnable time t cmplete the ntice r pay the fee. If the ntice is nt cmpleted r the fee nt paid within the time perid specified by the Bard, the Bard may dismiss the appeal. 3. Bard staff sends appellant acknwledgement f receipt f Ntice f Appeal If Ntice f Appeal is incmplete r nt accmpanied by fee, the appellant is given 10 business days t rectify matters. 4. Bard staff cnfirms that the Ntice f Appeal was filed within 30 day time perid If Ntice f Appeal was nt filed within 30 day time perid the appellant and the appellant has nt explained the special circumstances r why an injustice wuld result, the appellant will be ntified that the appeal may be summarily dismissed unless the appellant can satisfy the Bard in writing in 10 business days that (a) special circumstances existed that prevented the filing f a ntice f appeal within the 30 day time perid and (b) an injustice wuld therwise result. B. Request t Suspend Administrative Penalties 5. The Appellant may request that the Bard suspend an administrative penalty (except fr an administrative fine) impsed by the Registrar. The appellant may submit a Request t Suspend Administrative Penalties frm t the Bard. If a Request t Suspend is made, the appellant must prvide reasns fr the request, identify any hardships resulting frm the Registrar s rder and whether (and why) there is any urgency t the request. The Bard will cpy the Registrar n any Request t Suspend Administrative Penalties frm and accmpanying dcuments. Unless the appellant specifies that there is an emergency, the Registrar will have 5 business days t prvide written cmments t the Bard, with a cpy t the appellant. The appellant will have 10 business days t respnd in writing t the Bard, unless the Registrar supprts the request. Appeal Prcess Overview Page 2

3 If the Request t Suspend is an urgent request, the Bard may waive these prcedural requirements and timelines. 6. The Bard may arrange a telecnference with the appellant and respndent befre making a decisin n a Request t Suspend. 7. Bard issues its Decisin n the Request t Suspend t the appellant with a cpy t the Registrar. C. DECIDING APPEALS Appeal dismissed fr nn-cmpliance with filing requirements 8. Appeal is summarily dismissed because the appellant did nt meet filing requirements r appeal was filed late and the bard did nt apprve an extensin. Cnstitutinal Matters 9. The Bard des nt have jurisdictin t decide cnstitutinal matters. If a cnstitutinal questin is raised with respect t an appeal, the Bard will prceed with the appeal unless an applicant makes applicatin t a Curt in the nature f a prhibitin t prevent the Bard frm cnsidering the applicatin. In such a case, the Bard may adjurn the prceedings pending a decisin frm the curt. Appeal Prceeds 10. When filing and time requirements have been met, Bard staff sends the Ntice f Appeal and all dcuments prvided by the appellant t the Registrar. 11. Subject t the Freedm f Infrmatin & Prtectin f Privacy Act, the Registrar must, within 10 business days, prvide the Bard and the appellant cpies f all dcuments relevant t the appeal ther than thse filed by the appellant. 12. When the infrmatin is received by the Bard, the Bard chair will appint an appeal panel. Appeal Management Cnference 13. The Bard may arrange an appeal management cnference (AMC), usually by telecnference, t discuss the issues, ptential evidence and frmat fr the appeal (written submissins, telephne hearing r full ral hearing). File Reviews 14. Mst appeals will prceed as file reviews at the utset, unless the Bard feels that the appeal culd be reslved mre effectively by way f an ral hearing. Appeal Prcess Overview Page 3

4 15. Once the Registrar s material has been received, the Bard will prvide parties with a cmment schedule. The submissins will nrmally be scheduled t prceed as fllws: a. Appellant licensee s cmments the appellant will be given 10 business days t prvide additinal submissins t the Bard and the Respndent Registrar. (If the applicant has n submissins ther than thse submitted with the Ntice f the Appeal, then it shuld advise the Bard and Registrar f this). b. Respndent Registrar s reply the respndent will be given 10 business days t reply t the material filed by the appellant licensee (i.e. the Ntice f Appeal and any additinal cmments. Replies must be sent t bth the Bard and the Registrar. c. Appellant licensee s cmments final cmments the appellant licensee will be given 10 business days t prvide final cmments t the Bard and respndent registrar. d. Parties may request an extensin t the submissin timelines. Any such requests shuld be submitted in a timely manner and include reasns fr the request and the length f the extensin requested. e. If the appellant licensee r the registrar respndent des nt prvide written cmments by the date specified (r as extended), then the Bard may dismiss the appeal as having been abandned r prceed t make a decisin. f. The appellant licensee s cmments shuld cntain the fllwing infrmatin: the substance f the appellant s bjectins t impsitin f an administrative penalty by the Registrar the arguments and evidence which supprt these bjectins any dcuments the appellant is prviding in supprt f his r her arguments g. The respndent registrar s reply shuld cntain the fllwing infrmatin: the substance f the respndent s bjectins t the appeal the arguments and evidence which supprt these bjectins reference t any dcuments previusly prvided that supprt these cmments 16. At the end f the Cmment/Reply Perid the Bard may make a decisin r it may hld an ral hearing, either by telecnference r in persn. Oral Hearing 17. If the appeal prceeds by way f an ral hearing, including a telecnference, the Bard will prvide parties with the date, time and place f the hearing. 18. If the ral hearing is called after a file review, the infrmatin accumulated as part f the file review, will frm part f the hearing material. Additinally, parties must prvide Appeal Prcess Overview Page 4

5 t the Bard and each ther 10 business days befre the scheduled date f the appeal: the names f the peple the appellant r respndent intends t call as witnesses at the hearing the authr and title f any additinal dcuments the appellant r respndent intends t intrduce as evidence at the hearing any authrity supprting the appellant s r respndent s psitin 19. If an ral hearing is held based n the Ntice f Appeal and Registrar s dcumentatin nly (with n additinal cmments), the Bard will request the appellant licensee and respndent registrar t prvide a Statement f Pints and list f dcuments and witnesses prir t the hearing. The appellant must deliver its Statement f Pints t the Bard and the Respndent at least 10 business days prir t the hearing date. If the Statement f Pints is nt received within this time, then the Bard may dismiss the appeal as having been abandned, prceed t make a decisin based n the material n file r adjurn the hearing. The respndent must deliver its Statement f Pints t the Bard and the appellant at least 10 business days prir t the hearing date. If the Statement f Pints is nt received within this time, the Bard may adjurn the hearing, r cancel the ral hearing and make a decisin n the appeal based n the material n file. (a) Appellant Licensee s Statement f Pints shuld cntain the fllwing infrmatin the substance f the appellant s bjectins t impsitin f an administrative penalty by the Registrar the arguments which the appellant will make at the hearing the names f the peple the appellant intends t call as witnesses at the hearing the authr and title f any dcuments the appellant intends t intrduce as evidence at the hearing any authrity supprting the appellant s psitin Appeal Prcess Overview Page 5

6 (b) Respndent Registrar s Statement f Pints shuld cntain the fllwing infrmatin the substance f the respndent s bjectins t the appeal the arguments which the respndent will make at the hearing the names f the peple the respndent intends t call as witnesses at the hearing the authr and title f any dcuments the appellant intends t intrduce as evidence at the hearing any authrity supprting the respndent s psitin 20. Once the Statements f Pints have been received, the Bard may rder an appeal management cnference 21. The Bard will hld the hearing, r a telecnference, which will prceed as fllws. Appellant s pening statement Appellant s witnesses Respndent s pening statement Respndent s witnesses Respndent s clsing statement Appellant s clsing statement 22. Bard rules regarding evidence, adjurnments and hearing prcedures will apply t appeal hearings. 23. Oral Hearings, excluding telecnferences, are pen t the public. D. DECISIONS 24. Bard decisins will be in writing, with reasns and will be sent t the appellant and the Registrar. 25. Bard decisins will be published in the Passenger Transprtatin Bard Bulletin Appeal Prcess Overview Page 6