39 (1) Where an applicant requires a hearing by the board in accordance with subsection 37 (7), the board shall appoint a time for and hold the hearing and shall decide the matter in the exercise of its powers under clause 36 (a) or (b).  R.S.O. 1990, c. P.40, s. 39 (1). Parties (2) The applicant or member, the medical advisory committee and such other persons as the board may specify are parties to proceedings before the board under this section.  R.S.O. 1990, c. P.40, s. 39 (2). Continuation of appointment pending reappointment (3) Where, within the time prescribed therefor, a member has applied for reappointment, his or her appointment shall be deemed to continue, (a)  until the reappointment is granted; or (b)  where he or she is served with notice that the board refuses to grant the reappointment, until the time for giving notice requiring a hearing by the Appeal Board has expired and, where a hearing is required, until the decision of the Appeal Board has become final.  R.S.O. 1990, c. P.40, s. 39 (3). Members holding hearing not to have taken part in investigation, etc. (4) Members of the board holding a hearing shall not have taken part in any investigation or consideration of the subject-matter of the hearing before the hearing and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or representative of a party except upon notice to and opportunity for all parties to participate, but the board may seek legal advice from an adviser independent from the parties and in such case the nature of the advice should be made known to the parties in order that they may make submissions as to the law.  R.S.O. 1990, c. P.40, s. 39 (4). Notice of hearing (5) Where a hearing by the board is required, the person requiring the hearing shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.  R.S.O. 1990, c. P.40, s. 39 (5). Findings of fact (6) The findings of fact of the board pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.  R.S.O. 1990, c. P.40, s. 39 (6). Only members at hearing to participate in decision (7) No member of the board shall participate in a decision of the board pursuant to a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties and, except with the consent of the parties, no decision of the board shall be given unless all members so present participate in the decision.  R.S.O. 1990, c. P.40, s. 39 (7). Extension of time for giving notice (8) Despite any limitation of time for the giving of any notice requiring a hearing by the board fixed by or under any Act, and where it is satisfied that there are apparent grounds for granting relief and that there are reasonable grounds for applying for the extension, the board may extend the time for giving the notice either before or after expiration of the time so limited, and may give such directions as it considers proper consequent upon such extension.  R.S.O. 1990, c. P.40, s. 39 (8). Exception (9) Despite subsection (4), no member of a board shall be disqualified from participating as a member of the board in a hearing held under subsection (1) by virtue of the information contained in a written report received under subsection 34 (7).  2010, c. 14, s. 20 (2). Section Amendments with date in force (d/m/y) 2010, c. 14, s. 20 (2)
- 08/06/2010 40 Repealed:  1998, c. 18, Sched. G, s. 70 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 70 (5) - 01/02/1999