Hearings by Written Submission

HEARINGS BY WRITTEN SUBMISSION

If an appeal is not resolved, the Board may hold any combination of written, electronic, and/or oral hearing(s).  For residential and farm appeals nearly all hearings are held by written submissions.  For many commercial and industrial appeals written submission hearings are also appropriate.  

Sometimes one party will want an oral hearing and the other will want a written submission hearing.  In all cases the appeal or case manager must be satisfied that written submissions are practical given the appeal issues and likely evidence.  In deciding whether to proceed by written submissions, the appeal or case manager will consider whether written submissions would provide the parties with a meaningful opportunity to be heard.  An oral hearing (in person, by video conference or by telephone) may be necessary where there is a need for witnesses to testify and be subject to cross-examination.  This may be the case where there is a seriously contested fact or credibility issues.  Other factors that may be considered include the relative complexity of the matter, language or other access issues, costs to the parties, and the just and efficient disposition of the appeal.   

The timelines for delivering the written submissions to the other party and the Board are usually set during a telephone Appeal Management Conference (AMC) or through Online Dispute Resolution (ODR).  Each party will have an opportunity to respond in writing to the other party’s submission.  The two common ways the Board orders submissions are:

• Staggered Submissions: Usually the party appealing (the Appellant) delivers their written submission first.  The other party then delivers their submission, including a reply to the Appellant’s submission.  The Appellant is then given a final opportunity to reply to the other party’s submission.  The submissions include all evidence, documents, and written argument on the appeal issues.
   
• Simultaneous Submissions:  Both parties deliver their written submissions and have a final opportunity to reply to the other party’s submission on the same two dates.

Prior to preparing written submissions, the Board encourages the parties to review Information Sheet #8 – Evidence For Appeals.

Once all the written submissions and reply submissions are received by the Board, the appeal is assigned to a Board member to make a decision.  That Board member will be provided with all of the submissions as well as the notice of appeal, property information report, and relevant AMC letters and Board orders.  You will receive a list of the materials sent to the Board member.  

If the Board member has questions about any of the material or needs more information, the Board may either hold a telephone conference with the parties or ask for follow up written submissions. The Board will send the parties the decision with reasons as soon as possible.  Depending on appeal volume, complexity of the appeal and other resource issues, it may take 60 to 90 days to receive your decision.

January 2021