Commissioner’s Standing Orders (Grievances and Appeals) (SOR/2014-289)

Marginal note:Obligation to file material

39 The respondent must, as soon as feasible after being served with the statement of appeal, file with the OCGA the material that was before the person who rendered the written decision that is the subject of the appeal when that decision was rendered.

Marginal note:Supporting documents

• 40 (1) The OCGA must provide the appellant with an opportunity to file written submissions and other documents in support of their appeal.

• Marginal note:Restriction

  (2) The appellant is not entitled to

  • (a) file any document that was not provided to the person who rendered the decision that is the subject of the appeal if it was available to the appellant when the decision was rendered; or

  • (b) include in their written submissions any new information that was known or could reasonably have been known by the appellant when the decision was rendered.

Marginal note:Service of documents

41 After receiving the statement of appeal and any written submission or other document filed by a party, the OCGA must cause a copy of each one to be served on the other party.

Informal Resolution

Marginal note:Informal resolution

• 42 (1) The parties may, until the adjudicator disposes of an appeal in writing, attempt to resolve the matters in dispute by way of an informal resolution process.

• Marginal note:Agreements for informal resolution

  (2) On request by a party, the adjudicator who is considering an appeal may

  • (a) review a proposed agreement for the informal resolution of the appeal;

  • (b) approve an agreement by the parties for the informal resolution of the appeal; and

  • (c) resolve any issues or concerns relating to the implementation of the agreement.

• Marginal note:Communications confidential and without prejudice

  (3) Any communications that pass among persons as a part of an informal resolution process are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is

  • (a) agreed to by the parties;

  • (b) required by law;

  • (c) required for the purpose of reaching or implementing an agreement made as a part of the process; or

  • (d) required to protect the health or safety of any person.

Adjudicator

Marginal note:Adjudicator’s powers

43 An adjudicator, when considering an appeal, has the power to decide all matters related to the appeal, including the power

• (a) to render a single decision in respect of the appeal and any other substantially similar appeal that is being considered by the adjudicator;

• (b) to consolidate the appeal of an appellant with the appeal of any other appellant that is being considered by the adjudicator, with the consent of the appellants, and to designate the respondent for the consolidated appeal;

• (c) to consolidate the appeal with any other appeal of the appellant that is being considered by the adjudicator and to designate the respondent for the consolidated appeal; and

• (d) to extend the time limit referred to in section 38 in exceptional circumstances.

Marginal note:Conduct of appeal

• 44 (1) An adjudicator must render their decision in respect of an appeal or any matter arising in the context of the appeal as informally and expeditiously as the principles of procedural fairness permit.

• Marginal note:Matters not provided for

  (2) If any matter arises in the context of an appeal that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the adjudicator may give any direction that is appropriate.

• Marginal note:Power to remedy — non-compliance

  (3) The adjudicator may remedy any failure by any party to comply with any provision of this Part.

Procedure

Marginal note:Withdrawal of appeal

45 An appellant may withdraw their appeal by a written notice to the OCGA before it is disposed of in writing.

Marginal note:Evidence

46 The adjudicator, when considering an appeal or any matter arising in the context of an appeal, may accept any evidence submitted by a party.

Decision

Marginal note:Adjudicator’s decision

• 47 (1) An adjudicator may dispose of an appeal by rendering a decision

  • (a) dismissing the appeal and confirming the decision being appealed; or

  • (b) allowing the appeal and

    • (i) remitting the matter, with directions for rendering a new decision to the decision maker who rendered the decision being appealed or to another decision maker, or

    • (ii) directing any appropriate redress.

• Marginal note:Decision in writing

  (2) An adjudicator considering an appeal must, as soon as feasible, render a decision in writing that disposes of the appeal and includes reasons for the decision. The decision is final and binding.

• Marginal note:Considerations

  (3) An adjudicator, when rendering the decision, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable.

• Marginal note:Non-compliance with direction

  (4) Despite subsection (3), the adjudicator may, subject to the principles of procedural fairness, dispose of an appeal against the interests of a party that has failed to comply with any of their directions.

• Marginal note:Decision rendered in absence of Committee recommendations

  (5) If an appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator may render a decision on the appeal in the absence of any findings or recommendations made by the Committee if the Committee Chairperson indicates to the OCGA that the Committee will not be making any or if the Committee does not make any within a reasonable time.

• Marginal note:Adjudicator not bound

  (6) The adjudicator is not bound to act on any findings or recommendations made by the Committee but, if the adjudicator does not so act, the adjudicator must include in the decision on the appeal the reasons for not so acting.

• Marginal note:Service of decision on parties

  (7) The adjudicator must cause a copy of the decision to be served on the parties.

• Marginal note:Service of decision on Committee

  (8) If the appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator must cause a copy of the decision to be served on the Committee Chairperson.

Marginal note:Rescission or amendment of decision

• 48 (1) An adjudicator may

  • (a) amend their decision to correct clerical or typographical errors or any errors of a similar nature or to clarify unclear wording; or

  • (b) rescind or amend their decision on the presentation of new facts or on determining that an error of fact or law was made in reaching the decision.

• Marginal note:Adjudicator’s powers

  (2) For the purpose of paragraph (1)(b), the adjudicator has the powers set out in section 43 and subsection 47(1).

• Marginal note:Opportunity to make submissions

  (3) Before rescinding or amending the decision under paragraph (1)(b), the adjudicator must give the parties an opportunity to make submissions.

• Marginal note:Service

  (4) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties and, if the appeal has been referred to the Committee under section 17 of the Regulations, on the Committee Chairperson.

Marginal note:Return of evidence

49 After the disposition of an appeal, the OCGA must cause to be returned to a party anything that the party tendered as evidence.

Reference to Committee

Marginal note:Request not to refer

• 50 (1) An appellant requesting that their appeal not be referred to the Committee under section 17 of the Regulations must, when they make their appeal, submit to the OCGA a written request that includes supporting reasons.

• Marginal note:Transmission of request

  (2) The OCGA must forward the request and a copy of the statement of appeal to the adjudicator who is considering the appeal.

• Marginal note:Adjudicator’s decision

  (3) The adjudicator may allow the request or, if the adjudicator considers that a reference to the Committee is appropriate, reject it.

• Marginal note:Transmission of decision

  (4) The adjudicator must render a decision in writing on the request, including reasons for the decision, as soon as feasible, and send a copy of the decision to the OCGA.

• Marginal note:Service of decision

  (5) The OCGA must cause a copy of the adjudicator’s decision to be served on the parties.

• Marginal note:Material to be provided to Committee

  (6) If the adjudicator refers an appeal to the Committee in accordance with section 17 of the Regulations, the OCGA must provide the Committee Chairperson with

  • (a) in the case of an appeal of a decision referred to in paragraph 17(a) of the Regulations, the material that was before the decision maker when the decision was rendered; and

  • (b) in the case of an appeal of a decision referred to in any of paragraphs 17(b) to (e) of the Regulations, the material that was before the Commissioner when the decision was rendered.

PART 4Coming into Force

Marginal note:Registration

51 These Standing Orders come into force on the day on which they are registered.