Pre-Hearing Conferences
Procedures
The Pre-Hearing conference is an informal meeting (without prejudice) between the Board (via Executive Secretary and/or Chair), Enforcement and the Licensee (and/or its Counsel) to outline how the tribunal will proceed; what issues the tribunal or the parties anticipate to be raised at the hearing; and how they should be addressed; and any procedural matters. At a minimum, the conference should include but is not limited to the following:
NOTICE
That the Licensee received notice of hearing in appropriate time. That the notice of hearing has been filled out correctly - i.e. The allegation on the notice is the same one being brought forward by Enforcement, the licensees name or business, license number is correctly identified; dates and addresses, etc are all correct. If there is any problem in this regard, lets fix it before it gets to the hearing.
DISCLOSURE
Has Licensee had disclosure with Enforcement?
WITNESSES
The number of witnesses each party may be calling, etc.
ADJOURNMENTS
Determine if anyone intends to seek an adjournment or delay for any reason. If one party requests an adjournment (before the actual hearing) and the other party does not agree with it, the Board will proceed to the hearing. The party who wants an adjournment could make their request at the beginning of the Hearing and the Board would listen to the arguments and make a decision on adjournment. If one party requests an adjournment (before the actual hearing) and the other party agrees to it, the Board once notified (in writing) of the request can make a decision (through the Chair).
PENDING SHOW CAUSES
A Licensee is considered innocent until proven guilty. Any application in front of the Board will be viewed on a case by case basis and a pending show cause hearing would not influence the Board decision on an application currently before it.
PRE-FILED EVIDENCE
Is there any pre-filed evidence (which will form part of the record) such as an Agreed Statement of Facts, Witness List, etc.
HEARING PROCESS
Share with both parties the process that the Show Cause Hearing will follow.
