Practice Guide for Hearing Appeals
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Expedited Hearing
Duty
The Code requires that the appeals officer inquire in a summary way and without delay into the appeal brought to him.
Special cases
Special circumstances and conditions may sometimes add to the necessity of proceeding in a summary way and without delay. Those include the urgent nature of the matters, their impact on public service, an imminent danger, the irreparable consequences of a delay, the number of similar cases or other similar issues.
Agreement consultation
If the appeals officer considers that it is appropriate to proceed expeditiously, he may, of his own initiative, with the parties’ agreement or at their request, choose to inquire into and decide on a matter in an expedited hearing.
Precedent conditions
Where the appeals officer has so decided, proceeding by way of an expedited hearing will be conditional upon the parties, within the time limits specified by the appeals officer:
- providing in writing a common agreed statement of issue or issues and facts;
- agree in writing to accept the appeals officer’s decision in the matter.
Hearing procedure
Once these conditions are satisfied, the appeals officer proceeds by video or telephone conference, or by receiving written submissions, or by making his determination based on the parties’ agreed statement of facts and circumstances, by test case, confirmed mediation or any other procedure that will allow the officer to make a decision without delay.
Written decision
The appeals officer will issue a written decision to confirm his conclusions or any agreement reached with his assistance.