Commissioner’s Standing Orders (Grievances and Appeals) (SOR/2014-289)

Marginal note:Rescission or amendment of decision

• 48 (1) An adjudicator may

  • (a) amend their decision to correct clerical or typographical errors or any errors of a similar nature or to clarify unclear wording; or

  • (b) rescind or amend their decision on the presentation of new facts or on determining that an error of fact or law was made in reaching the decision.

• Marginal note:Adjudicator’s powers

  (2) For the purpose of paragraph (1)(b), the adjudicator has the powers set out in section 43 and subsection 47(1).

• Marginal note:Opportunity to make submissions

  (3) Before rescinding or amending the decision under paragraph (1)(b), the adjudicator must give the parties an opportunity to make submissions.

• Marginal note:Service

  (4) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties and, if the appeal has been referred to the Committee under section 17 of the Regulations, on the Committee Chairperson.

Marginal note:Return of evidence

49 After the disposition of an appeal, the OCGA must cause to be returned to a party anything that the party tendered as evidence.

Reference to Committee

Marginal note:Request not to refer

• 50 (1) An appellant requesting that their appeal not be referred to the Committee under section 17 of the Regulations must, when they make their appeal, submit to the OCGA a written request that includes supporting reasons.

• Marginal note:Transmission of request

  (2) The OCGA must forward the request and a copy of the statement of appeal to the adjudicator who is considering the appeal.

• Marginal note:Adjudicator’s decision

  (3) The adjudicator may allow the request or, if the adjudicator considers that a reference to the Committee is appropriate, reject it.

• Marginal note:Transmission of decision

  (4) The adjudicator must render a decision in writing on the request, including reasons for the decision, as soon as feasible, and send a copy of the decision to the OCGA.

• Marginal note:Service of decision

  (5) The OCGA must cause a copy of the adjudicator’s decision to be served on the parties.

• Marginal note:Material to be provided to Committee

  (6) If the adjudicator refers an appeal to the Committee in accordance with section 17 of the Regulations, the OCGA must provide the Committee Chairperson with

  • (a) in the case of an appeal of a decision referred to in paragraph 17(a) of the Regulations, the material that was before the decision maker when the decision was rendered; and

  • (b) in the case of an appeal of a decision referred to in any of paragraphs 17(b) to (e) of the Regulations, the material that was before the Commissioner when the decision was rendered.

PART 4Coming into Force

Marginal note:Registration

51 These Standing Orders come into force on the day on which they are registered.