Review of Administrative Decisions for Public Complaints (5:III): Difference between revisions
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Review of Administrative Decisions for Public Complaints (5:III) (view source)
Revision as of 01:44, 7 August 2020
, 7 August 2020→(3) Right to Be Heard
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===== (3) Right to Be Heard ===== | ===== (3) Right to Be Heard ===== | ||
If there is a hearing, a party is entitled to be present while evidence or submissions are presented. The right to be present at a hearing normally includes a party’s right to appear with counsel and | If there is a hearing, a party is entitled to be present while evidence or submissions are presented. The right to be present at a hearing normally includes a party’s right to appear with counsel and their right to an interpreter, though normally a tribunal is not required to pay for these services. The tribunal has discretion as to whether the hearing is public or private (although there is a presumption in favour of public hearings). At any hearing, the tribunal must gather and weigh the evidence. Relevance is the primary consideration when determining admissibility. Not all administrative decisions involve an oral hearing. A tribunal may have the power to make certain decisions solely on the basis of written submissions. | ||
===== (4) Onus of Proof ===== | ===== (4) Onus of Proof ===== |