Failure to Comply
21. (1) Where a party does not comply with a requirement of these Regulations or a direction given by the appeal board, the appeal board may
(a) stay the proceedings until it is satisfied that the requirement or direction has been complied with; or
(b) take such steps as it considers fair in the circumstances.
(2) The appeal board may excuse, on such terms or conditions as the appeal board may direct, any failure of a party to comply with any direction given by the appeal board, other than a direction respecting the confidentiality of information or the privacy of the proceedings if the appeal board
(a) is satisfied that there is a reasonable explanation for the failure; or
(b) considers it fair to do so.
Communications with the Appeal Board
22. (1) Communications with the appeal board, other than at a hearing, an examination or a conference held under section 31, 32, or 33 or 34, respectively, shall be made through the Chief Appeals Officer or such other person as is designated by the Chief Appeals Officer for that purpose.
(2) Communications from the appeal board may be signed by the Chief Appeals Officer or such other person designated by the Chief Appeals Officer for that purpose.
Record of Hearings, Examinations and Conferences
23. The appeal board shall cause to be taken a stenographic, electronic or other record of hearings, examinations and conferences held under section 31, 32 or 33 or 34, respectively, including any confidential sessions held under section 35.
24. Hearings, examinations and conferences commenced under section 31, 32 or 33 or 34, respectively, shall proceed, as far as is practicable, from day to day, but may be adjourned by the appeal board from time to time.
Summary of Confidential Information
25. Where the appeal board receives confidential information from or on behalf of a party, the appeal board may direct the party to prepare a written summary of the information or a written description of the nature of the information that does not disclose the confidential information, and to serve on all other parties the summary or description, as the case may be.
Matters Not Provided For
26. Where a matter arises that is not otherwise provided for by these Regulations, the appeal board shall give such directions as are consistent with these Regulations and with the fair and expeditious conduct of the proceedings.
Statement of Appellant or Applicant
27. If an appellant or applicant has not already done so in the statement of appeal or application, the appellant or applicant shall, within such time as the appeal board may direct and subject to sections 12 and 13, file with the appeal board and serve on all other parties a copy of a statement in writing indicating whether the appellant or applicant
(a) wishes to make oral submissions before the appeal board; and
(b) believes that there are material issues of fact or opinion the nature of which requires the examination of witnesses.
28. A claimant or an affected party who has filed an appearance pursuant to section 10 shall, within such time as the appeal board may direct and subject to sections 12 and 13, file with the appeal board and serve on all parties written submissions setting out
(a) the views of the claimant or affected party on the appeal or application, as the case may be, the reasons for those views and any facts or information that may assist the appeal board in understanding those views and in deciding the appeal or application;
(b) whether the claimant or affected party wishes to make oral submissions before the appeal board; and
(c) whether the claimant or affected party believes that there are material issues of fact or opinion the nature of which requires the examination of witnesses.
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