INTENT
To describe the different components and parties involved in an Income Support appeal.

POLICY
An appeal hearing is a quasi-judicial process where all parties to an appeal have equal opportunity to present their case. It is also a forum for all parties to hear, to access and to challenge the validity of any or all information presented.

Process during an Appeal Hearing

The person Chairing the hearing:

• Makes introductions;
• Explains the rules of the hearing;
• Clarifies the decision being appealed;
• Asks if anyone objects to the people on the panel and/or their right to rule on the decision under appeal;
• Asks if all parties received the information submitted and if they are ready to proceed; and
• Asks if there is any new information or documentation to be presented.
  
  

The Department Representative (Supervisor):

• Explains the Department’s original decision to refuse, change or cancel a benefit;
• Should not withhold any relevant information;
• Ensures that all relevant information concerning the individual’s situation and the Department’s position is presented at the hearing; and
• Advises that a Department representative cannot advocate on behalf of the individual during the appeal hearing.
  
  

After the Supervisor presents information on behalf of the Department, both the individual and members of the appeal panel have an opportunity to ask questions.

The individual:

• Is given the opportunity to provide information relevant to his/her appeal either verbally or in writing; and
• Should not withhold any relevant information.
  
  

After the individual presents their information, both the Supervisor and members of the appeal panel have an opportunity to ask questions.

The person chairing the appeal hearing asks if either the individual or the Department representative have any additional information to present.

The individual and the Department representative then have an opportunity to make final statements regarding information presented during the hearing.

Adjournments

The Department representative or the individual may request an adjournment if new information is presented at the appeal hearing that has not been previously reviewed.

The Department requires adequate opportunity to review new information, as the nature of the original decision may change based on additional information provided.

Adjournments are until a specific date agreed upon by all participants.