Chapter 6: Procedural Fairness, The Right to Be Heard

Question 1

3 Step Ladder to get in front of tribunal

Answer 1

1. Initial decision by official
2. Review by a superior official
3. Tribunal resolving dispute about decision

Question 2

Who has the right to Notice

Answer 2

Anyone whose rights, privileges and interests are affected substantially more than those of the general public

Question 3

What 4 things do you have right of notice to

Answer 3

1. The reason for the proceedings in question
2. Reason for decision or proposed decision
3. Legal and policy basis for decision
4. Date time and location of hearing

Question 4

2 Limits to the right to notice

Answer 4

1. Always a right to all information relied relied upon to make a decision
2. A right to all relevant information only when the decision has serious consequences

Question 5

3 requirements to adequate notice

Answer 5

1. Sufficient explanation
2. Sufficient time
3. Ability to participate

Question 6

9 Additional Components to Right to Be Heard

Answer 6

1. Requirement to retain evidence
2. Right to be present
3. Right to representation
4. Right to Present Evidence
5. Right to cross-examination
6. The person who hears must decide
7. Decision must be solely on evidence
8. Right to be heard in a timely manner and receive decision without Delay
9. The right to reason for decision

Question 7

Requirement to retain evidence

Answer 7

An ABC must retain any evidence that fairness may require later be disclosed in a hearing

Question 8

Right to Be Present

Answer 8

A party has the right to be present at hearing

Question 9

Right to be Represented

Answer 9

A party has the right to be represented at a hearing

Question 10

Right to present evidence

Answer 10

A party has the right to present evidence to prove their points or prove allegations against them

Question 11

Right to cross examine

Answer 11

A party has the right to cross examine other party’s witnesses

Question 12

The person who hears must decide

Answer 12

decision makers must be present fro entire hearing

Question 13

Decision must be based solely on evidence

Answer 13

If any other information is provided to the tribunal parties must be informed and allowed to respond

Question 14

Right to be Heard in a timely manner and receive a decision without undue delay

Answer 14

Hearing must be done efficiently and not unreasonably extended or delayed

Question 15

4 Ways in which delays violate procedural fairness

Answer 15

Procedural fairness is violated if delays:

1. Prejudice the party
2. Is longer than necessary
3. isn’ cause by the party
4. Has no good explanation by the agency

Question 16

The right to reasons for decision

Answer 16

Required in most circumstances