28 (1) This section applies to hearings of the Discipline Committee under section 26 and to hearings of the Fitness to Practise Committee under section 27.  1998, c. 31, s. 28 (1). Parties (2) The College and the member of the College whose conduct or actions are being investigated are parties to the hearing.  1998, c. 31, s. 28 (2). Examination of documentary evidence (3) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing.  1998, c. 31, s. 28 (3). Members holding hearing not to have taken part in investigation (4) Members of the Discipline Committee or Fitness to Practise Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject-matter of the hearing, other than as a member of the Council or Executive Committee considering the referral of the matter to the Discipline Committee or Fitness to Practise Committee, and shall not communicate directly or indirectly about the subject-matter of the hearing with any person or with any party or representative of a party except on notice to and opportunity for all parties to participate.  1998, c. 31, s. 28 (4). Same (5) Despite subsection (4), the Discipline Committee or Fitness to Practise Committee may seek legal advice from an adviser independent from the parties and, in that case, the nature of the advice shall be made known to the parties so that they may make submissions as to the law.  1998, c. 31, s. 28 (5). Discipline Committee hearings to be public (6) A hearing of the Discipline Committee shall, subject to subsections (7) and (8), be open to the public.  1998, c. 31, s. 28 (6). Exceptions (7) The Discipline Committee may make an order that the public, including members of the College, be excluded from a hearing or any part of a hearing if the Committee is satisfied that, (a)  matters involving public security may be disclosed; (b)  financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public; (c)  a person involved in a civil or criminal proceeding may be prejudiced; or (d)  the safety of a person may be jeopardized.  1998, c. 31, s. 28 (7). Same (8) The Discipline Committee may also make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to exclude them from a hearing or a part of a hearing.  1998, c. 31, s. 28 (8). Fitness to Practise Committee hearings to be closed (9) A hearing of the Fitness to Practise Committee shall, subject to subsection (10), be closed to the public, including members of the College.  1998, c. 31, s. 28 (9). Open on request of member in some cases (10) A hearing of the Fitness to Practise Committee shall be open to the public, including members of the College, if the person who is alleged to be incapacitated requests it in a written notice received by the Registrar before the day the hearing commences, unless the Fitness to Practise Committee is satisfied that, (a)  matters involving public security may be disclosed; (b)  financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of acceding to the request of the person who is alleged to be incapacitated; (c)  a person involved in a civil or criminal proceeding may be prejudiced; or (d)  the safety of a person may be jeopardized.  1998, c. 31, s. 28 (10). Same (11) The Fitness to Practise Committee may also make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to exclude them from a hearing or a part of a hearing.  1998, c. 31, s. 28 (11). Recording of evidence (12) The oral evidence taken before the Discipline Committee or Fitness to Practise Committee shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party’s expense.  1998, c. 31, s. 28 (12). Only members at hearing to participate in decision (13) No member of the Discipline Committee or Fitness to Practise Committee shall participate in a decision of the committee following a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties.  1998, c. 31, s. 28 (13). Release of documentary evidence (14) Documents and things put in evidence at a hearing shall, on the request of the party who produced them, be returned by the Discipline Committee or Fitness to Practise Committee within a reasonable time after the matter in issue has been finally determined.  1998, c. 31, s. 28 (14). Service of decision, reasons (15) Subject to subsection (16), the committee shall give its decision in writing with reasons and serve it, (a)  on the parties; and (b)  if the matter was referred to the Discipline Committee as a result of a complaint under subsection 24 (1), on the complainant.  1998, c. 31, s. 28 (15). Same (16) If the hearing was closed, the Discipline Committee or Fitness to Practise Committee may, in its discretion, withhold reasons when it serves its decision on the complainant.  1998, c. 31, s. 28 (16). PART IV 
REINSTATEMENT AND VARIATION Reinstatement or variation after disciplinary proceedings