Where hearing is held
10. (1) This section applies where the medical officer of health receives an application and determines that a hearing is necessary under subsection 22.1 (5) of the Act. O. Reg. 166/03, s. 10 (1). (2) For the purposes of subsection 22.1 (5) of the Act, the medical officer of health may only hold hearings at which no oral evidence is presented. O. Reg. 166/03, s. 10 (2). (3) Where a hearing is held under subsection 22.1 (5) of the Act, the medical officer of health may at any time receive and consider any information from any person for the purposes of determining an application. O. Reg. 166/03, s. 10 (3). (4) The parties to a hearing held by a medical officer of health under subsection 22.1 (5) of the Act are the applicant, the respondent and any other person that the medical officer of health considers necessary. O. Reg. 166/03, s. 10 (4). (5) The medical officer of health shall determine the nature and extent of the participation in the hearing of all parties to a hearing held under subsection 22.1 (5) of the Act, other than the applicant and the respondent. O. Reg. 166/03, s. 10 (5). (6) The medical officer of health shall not provide the parties to a hearing held under subsection 22.1 (5) of the Act with any sections of the Physician Report, the Applicant Report or the Respondent Report with the exception of those sections included in the applicant’s disclosure and the respondent’s disclosure. O. Reg. 166/03, s. 10 (6). (7) Where the medical officer of health determines that a hearing is necessary under subsection 22.1 (5) of the Act, the medical officer of health shall make up to three attempts to personally deliver a blank Respondent Report and the applicant’s disclosure to the respondent within the first three days after the medical officer of health determines that a hearing is necessary. O. Reg. 166/03, s. 10 (7). (8) Where the medical officer of health attempts to personally deliver a blank Respondent Report and the applicant’s disclosure to a respondent but is unsuccessful, the medical officer of health shall, if practicable, leave information at the delivery address sufficient to permit the respondent to contact the medical officer of health respecting the application. O. Reg. 166/03, s. 10 (8). (9) The medical officer of health shall maintain a log of all attempts made to deliver a blank Respondent Report and the applicant’s disclosure to a respondent. O. Reg. 166/03, s. 10 (9). (10) Where the medical officer of health is unable to personally deliver a blank Respondent Report and the applicant’s disclosure to a respondent after making three attempts to do so, the medical officer of health shall proceed to consider and determine the application without holding a hearing under subsection 22.1 (5) of the Act. O. Reg. 166/03, s. 10 (10). (11) The medical officer of health may consider the inability to personally deliver a blank Respondent Report and the applicant’s disclosure to a respondent in determining whether or not to make an order under section 22.1 of the Act. O. Reg. 166/03, s. 10 (11). (12) A respondent shall deliver a completed Respondent Report to the medical officer of health no more than seven days after receiving a blank Respondent Report and the applicant’s disclosure from the medical officer of health. O. Reg. 166/03, s. 10 (12). (13) Where a blank Respondent Report and the applicant’s disclosure has been personally delivered to the respondent, the medical officer of health may proceed to consider the application seven days after the respondent received the blank Respondent Report and the applicant’s disclosure. O. Reg. 166/03, s. 10 (13). (14) Where the medical officer of health has not yet determined an application, the medical officer of health may accept a Respondent Report received more than seven days after the respondent received the blank Respondent Report and the applicant’s disclosure from the medical officer of health. O. Reg. 166/03, s. 10 (14).