Hearing
9.11 (1) When the Appeal Board receives an application for a review of a determination of ineligibility, it shall promptly appoint a time and place for a hearing. 1993, c. 2, s. 6. Same (2) The hearing shall begin within twenty-one days after the day the Appeal Board receives the application for the hearing, unless the parties agree to a postponement. 1993, c. 2, s. 6. Notice to parties (3) The Appeal Board shall notify each of the parties of the time and place of the hearing at least seven days before the hearing begins. 1993, c. 2, s. 6. Parties (4) The parties to the proceeding before the Appeal Board are the applicant who was determined to be ineligible for admission, the placement co-ordinator who made the determination and such other parties as the Appeal Board specifies. 1993, c. 2, s. 6. Notice to Minister (5) When a placement co-ordinator is notified by the Appeal Board of a hearing, the placement co-ordinator shall promptly give the Minister written notice of the hearing together with written reasons for the determination of ineligibility made by the placement co-ordinator. 1993, c. 2, s. 6. Minister entitled to be heard (6) The Minister is entitled to be heard by counsel or otherwise in a proceeding before the Appeal Board under this section. 1993, c. 2, s. 6. (7) Repealed: 1998, c. 18, Sched. G, s. 46 (2). (8) Repealed: 1998, c. 18, Sched. G, s. 46 (2). Evidence of disabled person (9) If a party to a proceeding before the Appeal Board under this Act wishes to give evidence in the proceeding or wishes to call another person as a witness to give evidence in the proceeding but the party or other person is unable to attend the hearing by reason of age, infirmity or physical disability, the Appeal Board members holding the hearing may, at the request of the party, attend upon the party or the other person, as the case may be, and take his or her evidence. 1993, c. 2, s. 6. Medical report proves inability (10) A medical report signed by a legally qualified medical practitioner stating that the practitioner believes that the person is unable to attend the hearing by reason of age, infirmity or physical disability is proof, in the absence of evidence to the contrary, of the inability of the person to attend the hearing. 1993, c. 2, s. 6. Opportunity for all parties (11) No Appeal Board member shall take evidence from a party or other person under subsection (9) unless reasonable notice of the time and place for taking the evidence is given to all parties to the proceeding and each party attending is given an opportunity to examine or cross-examine the party or other person, as the case may be. 1993, c. 2, s. 6. Recording of evidence (12) The oral evidence taken before the Appeal Board at a hearing and the oral evidence taken from a party or other person under subsection (9) shall be recorded and, if required, copies of a transcript of the evidence shall be furnished on the same terms as in the Superior Court of Justice. 1993, c. 2, s. 6; 2006, c. 19, Sched. C, s. 1 (1). Health Insurance Act (13) Subsections 23 (1), (2), (4) and (6) of the Health Insurance Act apply to the proceedings and decisions of the Appeal Board under this Act. 1998, c. 18, Sched. G, s. 46 (3). Powers of Appeal Board (14) After a hearing by the Appeal Board, the Appeal Board may, (a) affirm the determination of ineligibility made by the placement co-ordinator; (b) rescind the determination of ineligibility made by the placement co-ordinator and refer the matter back to the placement co-ordinator for re-determination in accordance with such directions as the Appeal Board considers proper; or (c) rescind the determination of ineligibility made by the placement co-ordinator, substitute its opinion for the opinion of the placement co-ordinator and direct the placement co-ordinator to determine that the applicant is eligible for admission to an approved charitable home for the aged. 1993, c. 2, s. 6. Decision and reasons (15) The Appeal Board shall render its decision within one day after the end of the hearing and shall provide written reasons to the parties within seven days after rendering the decision. 1993, c. 2, s. 6. Decision to Minister (16) The placement co-ordinator shall furnish the Minister with a copy of the decision and reasons of the Appeal Board. 1993, c. 2, s. 6. 9.12 Repealed: 1998, c. 18, Sched. G, s. 46 (4).