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Expected to Work/Barriers to Full Employment Policy & Procedures

Published Date: January 18, 2021
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13 Appeal and Decision Review

The Appeal Process

AUTHORITY
Income and Employment Supports Act, sections 43-48
Income Support, Training and Health Benefits Regulation, sections 73-74 , 93-94 and 96-97


INTENT

To describe the appeal process and provide details and procedures for situations that may occur during the appeal process.

POLICY

Individuals who disagree with a decision can initiate an appeal within 30 days.

NOTE: See Overview and Authority section to identify which decisions are subject to appeal.

Initiating the Appeal Process

To initiate the appeal process, an individual must submit a completed EMP 0547A Notice of Appeal form, (or any type of written notice requesting an appeal), to an Alberta Supports Centre or to the Appeals Secretariat.

Workers and Supervisors should aim to resolve the situation as much as possible prior to an appeal. See Informal and Administrative Reviews policy.

If an appeal notice form is required, the worker or Supervisor should provide it to the individual. The Notice of Appeal form can also be accessed on the Income and Employments Supports – How to Appeal Webpage and/or by contacting the office of the Appeals Secretariat directly.

When submitting a Notice of Appeal, the individual identifies:

  • the decision they are appealing; and
  • the reason for appeal.

The individual must submit the written Notice of Appeal to an Alberta Supports Centre or to the Appeals Secretariat within 30 days of first receiving notification of the decision and the right to appeal.

When the Alberta Supports Centre receives an appeal form they will:

  • register and upload to the Appeals Information Management System (AIMS) within two business days; and
  • notify the Appeal Secretariat by sending an email to CSS.Appeals@gov.ab.ca or submit a copy of the form to the regional office of the Appeals Secretariat; and
  • use AIMS to document the Notice of Appeal and add a Mobius Note about the Notice of Appeal and the issue being appealed.

When the Appeals Secretariat receives the appeal form, they will:

  • register and upload the form in AIMS; and
  • scan and email the form to the appropriate Alberta Supports Centre.


Extension to 30-Day Time Limit to Submit an Appeal

The Appeals Secretariat has the delegated authority to grant an extension beyond the 30-day time limit to appeal.

In circumstances where an individual files a Notice of Appeal after the 30-day time limit has expired, the Supervisor sends an EMP0002 Request for Appeal Extension letter to the individual. This form outlines how to request an extension to the 30-day time limit to appeal a decision.

An individual can submit a request for an extension in writing. The request must indicate:

  • the date that notice of the decision was received; and
  • the reason(s) why the Notice of Appeal could not be filed within the 30-day time limit.

Appeal extension requests must be forwarded to:

Appeals Secretariat
2nd Floor, Agronomy Centre
6903 116 Street
Edmonton, AB T6H 5Z2

The Appeals Secretariat may contact the Alberta Supports Centre to verify the nature of the decision under appeal as well as the timeframe/method in which the individual was notified of the decision.

The Appeals Secretariat may grant an extension if they are is satisfied that there are apparent grounds for appeal and reasonable grounds for extension.

The Appeals Secretariat advises the individual and the Department if an extension is granted. If granted, the appeal proceeds to the appeal panel for review and decision.

Note: Under IESA, section 45(3), the appeal panel has authority to hear an appeal submitted beyond the 30-day time limit, without involvement from the Appeals Secretariat, if the individual satisfies the appeal panel that:

  •  the individual did not receive notice of the Department’s decision; or,
  •  notice was received later than when it was deemed to have been received.

Administrative Review

A Supervisor (or designate) completes an Administrative Review upon receipt of an EMP 0547A Notice of Appeal, (or any form of written notice requesting an appeal), and enters this information into AIMS.

Scheduling the Appeal

If the appeal request is not withdrawn, the Supervisor schedules the appeal hearing date using AIMS.

If none of the dates/times shown on AIMS is suitable, the Supervisor contacts the Appeals Secretariat to arrange a hearing date.

When the appeal hearing is scheduled, the Appeals Secretariat generates the Appeal Hearing Letter in AIMS:

  • Notifying the individual of the date, time and location of the appeal hearing, and
  • Instructing the individual to submit copies of any new information to the Appeal Secretariat in advance of the hearing.

Preparing for the Appeal Hearing

The Supervisor reviews and documents all relevant information concerning the individual's situation and the Department’s position for the appeal hearing. Documentation should present a fair and complete summary of the facts considered in making the decision under appeal.

If the Supervisor identifies information relating to accessibility concerns or security issues, the Supervisor is required to notify the Appeals Secretariat about these matters in advance of the appeal hearing. The Supervisor should communicate any such information by emailing the Appeals Secretariat at CSS.appeals@gov.ab.ca to help ensure adequate time to respond.

Responsibilities of the Appellant

The individual:

  • Provides any new information to the program in advance of the hearing. (Presenting new information at the hearing that has not previously been reviewed may result in an adjournment of the hearing.)
  • Reviews documentation provided by the Supervisor.
  • Provides written consent if another person will be representing the individual at the appeal hearing.
  • Advises the appeal panel via the Appeals Secretariat:
    • if unable to attend the appeal hearing (individuals who cannot appear in person may participate in the hearing by teleconference.)
    • if an advocate or another individual will be in attendance at the hearing to assist with presenting the individual’s appeal information
    • if a lawyer will be in attendance at the hearing
    • if an interpreter is required, as all hearings are conducted in English (individuals may contact the Appeals Secretariat for assistance in obtaining an interpreter.)

Legal Support Related to an Appeal

Legal Services does not attend appeal hearings or make oral submissions for presentation in appeal matters.

Legal Services may provide assistance with preparing the Review of Decision and the Department’s written arguments to be presented at the appeal hearing if:

  • The matter under appeal involves a potentially precedent-setting case; and
  • The matter under appeal is of significant importance at a provincial level

The Regional Executive Director is required to contact Legal Services for assistance as soon as possible and well in advance of an appeal hearing.

  • Executive Director requests for legal support can be sent to the Director of Legal Services via email (neil.boyle@gov.ab.ca).
  • The subject line of the email should read: Legal Assistance requested re: Income and Employment Support Appeal.