INTENT
To describe the process if there is non-attendance or abandonment of an appeal.

POLICY

Non-Attendance at the Appeal Hearing

If the individual does not attend a scheduled appeal hearing and has not notified the appeal panel in advance, the appeal panel may:

• Proceed with the appeal hearing and make a decision in the individual’s absence; or
• Choose not to proceed with the appeal hearing and reschedule another hearing date.
  
  

When an individual fails to attend a scheduled appeal hearing, a notation is made in the Appeals Information Management System (AIMS). The Appeals Secretariat sends a letter advising the individual to contact their office either to reschedule another hearing date or to withdraw the appeal request.

The Appeals Secretariat contacts the individual and documents the number and type of contact attempts made in AIMS. If unable to make contact with the individual, the Appeals Secretariat may reschedule another appeal hearing and send the individual an Appeal Hearing Letter advising of the date, time and location of the rescheduled hearing.

Individuals that Fail to Respond to Appeal activities

If the individual:

• Reschedules another hearing date with the Appeals Secretariat and does not attend the appeal hearing for a second time; or
• Has not contacted the Appeals Secretariat and fails to appear at the rescheduled appeal hearing.
  
  

The department may request that the appeal panel:

• Proceed with the appeal hearing and make a decision in the individual’s absence; or
• Consider the appeal to be abandoned and confirm the original decision.
  
  

It is within the appeal panel's discretion to reschedule another appeal hearing.

In all circumstances, the department representative must be prepared to present to the appeal panel. The department representative may also request that the Appeals Secretariat provide a record of the number of attempts made to contact the individual.

Appeal Considered Abandoned

If an individual does not attend a scheduled appeal hearing for a third time, the following may occur. Upon the Department’s request, the appeal panel will likely issue a decision in the individual’s absence; which includes:

• declaring the appeal to be abandoned;
• confirming the department’s original decision;
• rendering a Panel Decision to the individual advising that their appeal has been declared abandoned; and
• providing a copy of the Panel Decision to the Department.