958
(2) The issues, contemplated in subrule (1), may comprise
(a)
the necessity or desirability of simplification, clarification amplification or limitation of the
issues;
(b)
the admission of facts and the authenticity of documents and the possibility of reaching
consensus on facts in dispute;
(c)
the procedure and approximate duration of the hearing;
(d)
the limitation of the number of witnesses;
(e)
the necessity or desirability of amending pleadings and offers of settlement or proposals of
adjustment;
(f)
the date for the formal hearing; and
(g)
any other matters as may expedite the conduct of the hearing
Hearings
46. (1) The Authority may convene a hearing to investigate or adjudicate any matter over which it has
jurisdiction pursuant to the Act.
(2) An matter, including formal applications, requests and petitions, may be adjudicated on the written
record, and such written record comprises all pleadings, affidavits, exhibits and other documentation that is
a part of the official record of the proceeding
(3) Subject to subrule (4) a Notice of Hearing containing
(a)
a statement as to the reasons for the Authority’s action;
(b)
a statement as to the matters of fact and law involved and the issues upon which the matter
will be heard;
(c)
a statement as to the time place and nature of the hearing;
(d)
a statement as to the legal authority and jurisdiction under which the hearing is to be held;
and
(e)
any other statements the Authority may deem relevant,
shall be issued by the Authority and mailed to the parties by the Registrar.
(4) Except for hearing scheduled on an expedited basis, a hearing may not be scheduled on less than 60
days notice, unless it is a postponement or continuation of a previously scheduled hearing
(5) A hearing is followed by an order based on the facts presented at the proceeding and on any written
record, contemplated in subrule (2)
(6) If a decision rests on official notice of a material fact not appearing in the record a party shall be afforded
a reasonable opportunity to prove the contrary –
(7) Continuances of any hearing and extension of time for making any filing or perform any act required or
allowed to be done within a specified time may be granted by the Authority or the examiner upon motion for
good cause shown unless the time for performance or filing is limited by statute.
(8) Witnesses at a hearing are examined viva voce on oath unless otherwise provided by these Rules.