Commissioner’s Standing Orders (Grievances and Appeals)

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Commissioner’s Standing Orders (Grievances and Appeals)

SOR/2014-289ROYAL CANADIAN MOUNTED POLICE ACT
Registration 2014-11-28
Commissioner’s Standing Orders (Grievances and Appeals)The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 21(2)(h)Footnote a and (m)Footnote a, sections 36Footnote b and 39.1Footnote c and subsection 47.1(3)Footnote d of the Royal Canadian Mounted Police ActFootnote e, makes the annexed Commissioner’s Standing Orders (Grievances and Appeals).

Return to footnote aS.C. 2013, c. 18, s. 14(2)
Return to footnote bS.C. 2013, c. 18, s. 24
Return to footnote cS.C. 2013, c. 18, s. 29
Return to footnote dS.C. 2013, c. 18, s. 37
Return to footnote eR.S., c. R-10

Ottawa, November 28, 2014
BOB PAULSON
Commissioner of the Royal Canadian Mounted PoliceInterpretation

Marginal note:Definitions

1 The following definitions apply in these Standing Orders.

Act
Loi

Act means the Royal Canadian Mounted Police Act. (Loi)

document
document

document has the same meaning as in section 40.1 of the Act. (document)

informal resolution process
processus de règlement informel

informal resolution process means a process used by the parties to resolve a dispute informally and includes the informal conflict management system established under section 30.2 of the Act. (processus de règlement informel)

OCGA
BCGA

OCGA means the office responsible for the coordination of administrative matters relating to grievances and appeals in the Force. (BCGA)

Regulations
Règlement

Regulations means the Royal Canadian Mounted Police Regulations, 2014. (Règlement)

PART 1 Grievances

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Part.

adjudicator
arbitre

adjudicator means a person constituting the initial level or the final level. (arbitre)

final level
dernier niveau

final level means the final level in the grievance process. (dernier niveau)

grievance
grief

grievance means a grievance presented under section 31 of the Act. (grief)

grievor
plaignant

grievor means a member who presents a grievance. (plaignant)

initial level
premier niveau

initial level means the initial level in the grievance process. (premier niveau)

parties
parties

parties means the grievor and the respondent. (parties)

respondent
intimé

respondent means

(a) in the case of a grievance that has not been consolidated with any other grievance, the person who made the decision, did the act or made the omission that is the subject of the grievance or, if that person is absent or unable to act, the person who replaces them or, in the absence of a replacement, the person designated by the adjudicator who is considering the grievance; or
(b) in the case of a grievance that has been consolidated with another grievance, the person designated under paragraph 10(c) or (d). (intimé)

Marginal note:Initial level

3 (1) The persons who constitute the initial level are the persons who perform the functions of a level 1 in the Force.

Marginal note:Initial level — three persons

(2) For the purpose of subsection 6(1), all combinations of any three persons who perform the functions of a level 1 in the Force constitute the initial level.

Marginal note:Standardized test

4 For the purpose of subsection 31(4.2) of the Act, a standardized test is a test that is used by the Force to assess an individual’s behaviour, knowledge and experience in order to evaluate job-relevant competencies, and includes the marking scheme, the answer key and any materials prepared for the purpose of developing the test. The content of the test must be equivalent for all test-takers, be administered according to standard instructions and procedures and be scored according to a set protocol.

Access to Information

Marginal note:Limitations under subsection 31(4) of Act

5 For the purpose of the limitations referred to in subsection 31(4) of the Act, a member is not entitled to be granted access to written or documentary information

(a) the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or to the detection, prevention or suppression of subversive or hostile activities, as defined in that subsection;
(b) the disclosure of which could reasonably be expected to be injurious to law enforcement;
(c) the disclosure of which is contrary to a provision of any contract entered into by the Crown;
(d) about a person’s financial or personal affairs if the person’s interest or security outweighs the member’s interest in the information; or
(e) the disclosure of which is prohibited by law.

Panel for Grievances

Marginal note:Initial level panel

6 (1) The Commissioner may designate a person to select any three-person combination described in subsection 3(2) as a panel.

Marginal note:Panel selection

(2) The designated person may select the panel for the purpose of hearing a grievance in the following circumstances:

(a) the decision, act or omission giving rise to the grievance is likely to be the subject of numerous grievances;
(b) the relevant law or the relevant Treasury Board or Force policy is vague or ambiguous; or
(c) the relevant law is contradictory, or the relevant Treasury Board or Force policy is contradictory or internally inconsistent.

Marginal note:Chairperson

(3) The designated person must designate one of the three persons to be the chairperson of the panel. The chairperson is responsible for its day-to-day management, including the management of communications between the panel and the OCGA and the panel and the parties.

Marginal note:Panel decision

(4) Matters before a panel are decided by a majority of the members of the panel. The chairperson has a second vote in the case of a tie.

Presentation of Grievance

Marginal note:Initial level grievance

7 (1) A grievor presents a grievance at the initial level by filing a grievance form with the OCGA or the grievor’s supervisor that includes the following information:

(a) the grievor’s name and employee number;
(b) particulars concerning the decision, act or omission that is the subject of the grievance and the name of the person the grievor believes made the decision, did the act or made the omission;
(c) the date on which the grievor knew of the decision, act or omission;
(d) a concise statement of the grounds on which the grievance is based;
(e) particulars concerning the prejudice the grievor claims to have suffered as a result of the decision, act or omission; and
(f) particulars concerning the redress requested.

Marginal note:Final level grievance

(2) A grievor presents a grievance at the final level by filing with the OCGA or the grievor’s supervisor

(a) a grievance form that includes the following information:

(i) the reasons why the grievor is presenting the grievance at the final level and, in particular, the reasons why the decision rendered by the adjudicator at the initial level contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable, and
(ii) particulars concerning the redress requested; and

(b) a copy of the decision rendered by the adjudicator at the initial level as to the disposition of the grievance.

Marginal note:Transmission of grievance

(3) A supervisor presented with a grievance form must forward it, together with any request submitted under subsection 8(1), to the OCGA as soon as feasible.

Marginal note:Transmission of copy of grievance

(4) The OCGA must forward a copy of any grievance form that it receives to the respondent and to the person who holds the first position of officer or its equivalent in the respondent’s chain of command, or to the person named in the decision rendered under subsection 8(3).

Marginal note:Request to not forward

8 (1) A grievor who wishes to object to a copy of the grievance form referred to in subsection 7(1) being forwarded to the person who holds the first position of officer or its equivalent in the respondent’s chain of command must, when they present their grievance, submit to the OCGA a written request not to forward it that includes supporting reasons.

Marginal note:Transmission of request

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

Marginal note:Decision on request

(3) The adjudicator must render a decision on the request, including reasons for the decision, as soon as feasible, and send the decision to the OCGA. If the adjudicator allows the request, they must name in the decision an appropriate person for the purpose of receiving a copy of the grievance form.

Marginal note:Service of decision

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

Informal Resolution

Marginal note:Informal resolution

9 (1) As soon as feasible after receiving a copy of a grievance form, the respondent must contact the grievor to discuss an informal resolution of the grievance.

Marginal note:Refusal to discuss grievance

(2) If the grievor refuses to discuss the grievance, or any aspect of it, with a view to resolving it informally, the respondent must provide written notice of that fact to the OCGA and cause a copy of it to be served on the grievor.

Marginal note:Continuing resolution

(3) The parties may, until the adjudicator disposes of the grievance in writing, continue to attempt to resolve the matters in dispute by way of an informal resolution process.

Marginal note:Agreements for informal resolution

(4) On request by a party, the adjudicator who is considering a grievance may

(a) review a proposed agreement for the informal resolution of the grievance;
(b) approve an agreement by the parties for the informal resolution of the grievance; and
(c) resolve any issues or concerns relating to the implementation of the agreement.

Marginal note:Communications confidential and without prejudice

(5) 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

10 An adjudicator, when considering a grievance, has the power to decide all matters related to the grievance, including the power

(a) to dismiss it if it is moot, frivolous, vexatious or an abuse of process, or has already been adjudicated;
(b) to render a single decision in respect of the grievance and any other substantially similar grievance that is being considered by the adjudicator;
(c) to consolidate the grievance of a grievor with the grievance of any other grievor that is being considered by the adjudicator, with the consent of the grievors, and to designate the respondent for the consolidated grievance;
(d) to consolidate the grievance with any other grievance of the grievor that is being considered by the adjudicator and to designate the respondent for the consolidated grievance;
(e) to sever the grievance into two or more distinct grievances; and
(f) to decide whether any written or documentary information to which the grievor has requested access is a standardized test or the information referred to in section 5.

Marginal note:Conduct of grievance

11 (1) An adjudicator must render their decision in respect of a grievance or any matter arising in the context of the grievance 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 a grievance 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.

Marginal note:Case conference

12 (1) An adjudicator who is considering a grievance or any matter arising in the context of a grievance may, on their own initiative or at the request of a party, hold a case conference to discuss the grievance or matter.

Marginal note:Communications confidential and without prejudice

(2) Any communications that pass among persons as a part of a case conference 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 conference; or
(d) required to protect the health or safety of any person.

Marginal note:Adjudicator not barred

(3) An adjudicator who holds a case conference is not prevented from exercising any of their other powers.

Procedure

Marginal note:Submissions

13 (1) The parties may make submissions on any matter in dispute in respect of the grievance.

Marginal note:Types of submissions

(2) An adjudicator who is considering the grievance or any matter arising in the context of the grievance is responsible for deciding how and when the submissions may be made.

Marginal note:Decision in absence of submissions

(3) The adjudicator may render a decision on a matter in dispute in respect of the grievance in the absence of submissions from one or both of the parties if reasonable notice has been provided to them as to how and when submissions may be made in respect of the matter.

Marginal note:Withdrawal of grievance

14 A grievor may withdraw their grievance by written notice to the OCGA before it is disposed of in writing.

Marginal note:Evidence

15 An adjudicator, when considering a grievance or any matter arising in the context of a grievance, may accept any evidence submitted by a party.

Decision

Marginal note:Decision at initial level

16 (1) An adjudicator may dispose of a grievance at the initial level by rendering a decision

(a) dismissing the grievance and confirming the decision, act or omission that is the subject of the grievance; or

(b) allowing the grievance and

(i) remitting the matter, with directions for reconsidering the decision, act or omission, to the respondent or to the person who is responsible for the reconsideration, or
(ii) directing any appropriate redress.

Marginal note:Considerations

(2) An adjudicator, when rendering the decision, must consider whether the decision, act or omission that is the subject of the grievance is consistent with the relevant law, or the relevant Treasury Board or Force policy and, if it is not, whether it has caused a prejudice to the grievor.

Marginal note:Non-compliance with direction

(3) Despite subsection (2), the adjudicator may, subject to the principles of procedural fairness, dispose of a grievance against the interests of a party that has failed to comply with any of their directions.

Marginal note:Rescission or amendment of decision

17 (1) An adjudicator who has rendered a decision that disposes of a grievance at the initial level may

(a) amend the decision to correct clerical or typographical errors or any errors of a similar nature or to clarify unclear wording; or
(b) if the grievance has not been presented at the final level, 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 purposes of paragraph (1)(b), the adjudicator has the powers set out in section 10.

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.

Marginal note:Decision at final level

18 (1) An adjudicator may dispose of a grievance at the final level by rendering a decision

(a) dismissing the grievance and confirming the decision rendered at the initial level; or

(b) allowing the grievance and

(i) remitting the matter, with directions for reconsidering the decision, act or omission, to the respondent or to the person who is responsible for the reconsideration,
(ii) remitting the matter, with directions for rendering a new decision to the adjudicator at the initial level or to another adjudicator, or
(iii) directing any appropriate redress.

Marginal note:Considerations

(2) An adjudicator, when rendering the decision, must consider whether the decision at the initial level contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable.

Marginal note:Non-compliance with direction

(3) Despite subsection (2), the adjudicator may, subject to the principles of procedural fairness, dispose of a grievance against the interests of a party that has failed to comply with any of their directions.

Marginal note:Opportunity to make submissions

19 (1) The adjudicator at the final level must, before rescinding or amending a decision under subsection 32(3) of the Act, give the parties an opportunity to make submissions.

Marginal note:Service

(2) 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.

Marginal note:Return of evidence

20 After the disposition of a grievance, the OCGA must cause to be returned to a party anything that the party tendered as evidence.

PART 2 Appeals (Part IV of the Act)

Interpretation

Marginal note:Definitions

21 The following definitions apply in this Part.

appeal
appel

appeal means an appeal made under section 45.11 of the Act. (appel)

appellant
appelant

appellant means the member or conduct authority who makes the appeal. (appelant)

parties
parties

parties means the appellant and the respondent. (parties)

respondent
intimé

respondent means

(a) in the case of an appeal of a conduct board’s decision,

(i) if the appellant is the member who is the subject of the conduct board’s decision, the conduct authority who initiated the hearing by the conduct board or, if that conduct authority is absent or unable to act, the conduct authority who replaces them, or
(ii) if the appellant is the conduct authority who initiated the hearing by the conduct board, the member who is the subject of the conduct board’s decision;

(b) in the case of an appeal of a conduct authority’s decision, the conduct authority or, if that conduct authority is absent or unable to act, the conduct authority who replaces them; or
(c) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 29(c) or (d). (intimé)

Presentation of Appeal

Marginal note:Statement of appeal

22 An appeal to the Commissioner must be made by filing a statement of appeal with the OCGA within 14 days after the day on which copy of the decision giving rise to the appeal is served on the member who is the subject of that decision. The statement must be accompanied by a copy of the decision that is being appealed and include the following information:

(a) the appellant’s name and, if any, their employee number;
(b) a concise statement of the grounds on which the appeal is based; and
(c) the particulars concerning the redress requested.

Marginal note:Requests under subsection 45.15(3) of Act

23 (1) Any request made by a member to the Commissioner not to refer a case to the Committee under subsection 45.15(3) of the Act must be filed in writing, with supporting reasons, with the OCGA within 14 days after the day on which

(a) the member is served with a copy of the decision giving rise to the appeal, if the member is the appellant; or
(b) the member is served with a copy of the statement of appeal, if the member is the respondent.

Marginal note:Service of decision

(2) The Commissioner must cause a copy of his or her decision to be served on the member.

Marginal note:Obligation to file material

24 In the case of an appeal by a member of a decision rendered by a conduct authority, 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 conduct authority when the decision was rendered.

Marginal note:Supporting documents

25 (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

26 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.

Marginal note:Response to submissions — appeal of conduct authority decision

27 In the case of an appeal of a decision rendered by a conduct authority, the respondent may file with the OCGA, if the respondent is permitted to do so by the Commissioner due to exceptional circumstances, a written response to the appellant’s submissions and the appellant may file with the OCGA a written reply to that response.

Marginal note:Response to submissions — appeal of conduct board decision

28 In the case of an appeal of a decision rendered by a conduct board, the respondent may file with the OCGA a written response to the appellant’s submissions and the appellant may file with the OCGA a written rebuttal to that response.

Commissioner

Marginal note:Commissioner’s powers

29 The Commissioner, 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 Commissioner;
(b) to consolidate the appeal with any other appeal of the same decision;
(c) to consolidate the appeal of an appellant with the appeal of any other appellant that is being considered by the Commissioner, with the consent of the appellants, and to designate the respondent for the consolidated appeal;
(d) to consolidate the appeal with any other appeal of the appellant that is being considered by the Commissioner and to designate the respondent for the consolidated appeal; and
(e) to extend the time limit referred to in section 22 and subsection 23(1) in exceptional circumstances.

Marginal note:Conduct of appeal

30 (1) The Commissioner must render his or her 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 Commissioner may give any direction that is appropriate.

Marginal note:Power to remedy — non-compliance

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

Marginal note:Withdrawal of appeal

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

Marginal note:Evidence

32 The Commissioner, 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:Decision of Commissioner

33 (1) The Commissioner, when rendering a decision as to the disposition of the appeal, 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

(2) Despite subsection (1), the Commissioner 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 his or her directions.

Marginal note:Service of decision

34 The Commissioner must cause a copy of the decision referred to in subsection 45.16(7) of the Act to be served on the parties.

Marginal note:Opportunity to make submissions

35 (1) Before rescinding or amending a decision under subsection 45.16(10) of the Act, the Commissioner must give the parties an opportunity to make submissions.

Marginal note:Service

(2) If the Commissioner rescinds or amends the decision, he or she must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties.

PART 3 Appeals (Other than Part IV of the Act)

Interpretation and Application

Marginal note:Definitions

36 The following definitions apply in this Part.

adjudicator
arbitre

adjudicator means a person designated as an adjudicator by the Commissioner. (arbitre)

appeal
appel

appeal means an appeal referred to in section 37. (appel)

appellant
appelant

appellant means the member who makes an appeal or the former member who makes an appeal of their discharge from the Force. (appelant)

parties
parties

parties means the appellant and the respondent. (parties)

respondent
intimé

respondent means

(a) in the case of an appeal that has not been consolidated with any other appeal, the person who rendered the written decision that is the subject of the appeal or, if that person is absent or unable to act, the person who replaces them; or
(b) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 43(b) or (c). (intimé)

Marginal note:Application

37 This Part provides the process for appeals

(a) by a complainant of a written decision referred to in subsection 6(1) and paragraph 6(2)(b) of the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints);
(b) of the written decision referred to in subsection 9(2) of the Commissioner’s Standing Orders (General Administration);
(c) of the written decisions referred to in subsection 20(1) of the Commissioner’s Standing Orders (Employment Requirements);
(d) of the directive referred to in subsection 20(2) of the Commissioner’s Standing Orders (Employment Requirements); and
(e) of the written decisions referred to in subsection 32(1) of the Commissioner’s Standing Orders (Conduct).

Presentation of Appeal

Marginal note:Statement of appeal

38 For the purpose of the provisions referred to in section 37, an appeal must be made by filing a statement of appeal with the OCGA within 14 days after the day on which a copy of the decision giving rise to the appeal is served on the member who is the subject of that decision. The statement must be accompanied by a copy of the decision that is being appealed and include the following information:

(a) the appellant’s name and employee number;
(b) a concise statement of the reasons why the appellant is of the opinion that 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; and
(c) particulars concerning the redress requested.

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 4 Coming into Force

Marginal note:Registration

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