8409. Form of hearings 

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    1. Subject to subsections 8409(2) through 8409(9), a hearing panel may conduct a hearing as an oral hearing, electronic hearing or written hearing

    2. Subject to subsections 8409(3) through 8409(9), a written hearing may be held only for:

      1. a motion relating to procedural issues, 

      2. a hearing on agreed facts, and 

      3. any other motion or hearing that a hearing panel considers appropriate. 

    3. In determining whether to hold a hearing as an oral hearing, electronic hearing or written hearing, a hearing panel may consider any relevant factors, including: 

      1. the nature of the hearing, the subject matter of the hearing, and the issues to be addressed, including whether they are issues of fact, law or procedure, 

      2. the evidence to be presented, including whether facts are in dispute and credibility is an issue, 

      3. the cost, efficiency and timeliness of the hearing or the proceeding, 

      4. the fairness of the hearing process to, and the convenience of, each of the parties, and 

      5. accessibility to the public. 

    4. A party may request an electronic hearing or written hearing in a commencing notice

    5. If an electronic hearing or written hearing is requested: 

      1. in a notice of hearing, a party may object to the requested form of hearing in the party’s response or by bringing a motion, 

      2. in a commencing notice other than a notice of hearing, a party may object to the requested form of hearing by serving and filing a notice of objection within three days after the commencing notice is served on the party

    6. A notice of objection must state the reasons for the objection, including any prejudice the requested form of hearing may cause the party and the facts on which the party relies and may be accompanied by any evidence on which the party relies for the objection. 

    7. A hearing panel that receives a notice of objection may: 

      1. accept the objection and refer the matter to the National Hearing Coordinator to set a date for an oral hearing or, with the consent of all parties, set a date for an electronic hearing or schedule for a written hearing

      2. reject the objection, or 

      3. order a written hearing to consider the objection and provide other parties an opportunity to respond to the notice of objection in a manner and time that the hearing panel directs. 

    8. If a notice of objection is filed, the hearing panel must render its decision on the form of hearing in writing as expeditiously as possible, taking into consideration the date and nature of the hearing and proceeding and the needs of the parties to present evidence and prepare and serve submissions and responding submissions. 

    9. Unless a party objects, a hearing panel may, on its own motion, at any stage of a proceeding make an order continuing: 

      1. an electronic hearing or written hearing as an oral hearing

      2. an oral hearing or a written hearing as an electronic hearing, and 

      3. an oral hearing or an electronic hearing, as a written hearing

    10. A hearing panel that orders an electronic hearing may require one or more of the parties 

      1. to make the arrangements for the hearing, and 

      2. to pay all or part of the costs of conducting the hearing as an electronic hearing.

    There is no history log for this rule.

    There is no history log for this rule.