19. Hearing Format

19.01 An Advisory Board may hold:

(a) an oral hearing;
(c) an electronic hearing; or,
(d) a hearing which combines the above formats.

20. Notice of Hearing

20.01 The Superintendent shall set the initial hearing date and determine the location and format of the hearing.

20.02 The Superintendent shall provide written Notice of the Hearing to the parties and others as required by law, and as the Superintendent considers necessary.

20.03 The Superintendent shall provide in every Notice of Hearing,

(a) a reference to the statutory authority under which the hearing is be held;

(b) a statement of the time and the purpose of the hearing;

(c) a statement of the allegations to be considered at the hearing and the particulars supporting the allegations;

(d)a statement that if the party does not participate in the hearing in accordance with the Notice, an Advisory Board may proceed without the party's participation and the party will not be entitled to any further notice in the proceeding; and,

(e) any other information the Superintendent considers necessary for the proper conduct of the hearing.

20.04 In addition to the requirements in Rule 20.03 the Superintendent shall include in a Notice of Hearing, which is to be an oral hearing,

(a) the place of the hearing; and,

(b) a statement that the hearing will be open to the public unless an Advisory Board directs otherwise.

20.05 In addition to the requirements in Rule 20.03 the Superintendent shall include in a Notice of Hearing, which is to be an electronic hearing,

(a) details about the manner in which the hearing will be held; and,

(b) a statement that a party may, by satisfying an Advisory Board that holding the hearing as an electronic hearing is likely to cause the party significant prejudice, require an Advisory Board to hold the hearing as an oral hearing.

21. Electronic Hearing

21.01 The following factors may be considered in deciding whether to hold an electronic hearing:

(a) the suitability of the electronic technology for the subject matter of the hearing;

(b) whether the nature of the evidence is appropriate for an electronic hearing, including whether credibility is in issue and the extent to which facts are in dispute;

(c) the extent to which the matters in dispute are questions of law;

(d) the convenience of the parties;

(e) the cost, efficiency and timeliness of proceedings;

(f) avoidance of unnecessary length or delay;

(g) ensuring a fair and understandable process;

(h) the desirability or necessity of public participation or public access to the licensing process for insurance agents or adjusters, as the case may be;

(i) any other consideration affecting the fulfilment of the statutory mandate of the Advisory Board.

21.02 A party may object to the holding of an electronic hearing by filing and serving its objection within 5 days of receiving the Notice of Electronic Hearing.

21.03 A party may file and serve a written response to the objection within 5 days of receiving the objection.

21.04 If a party objects to an electronic hearing, an Advisory Board may, after considering any responses,

(a) accept the objection, cancel the electronic hearing and schedule an oral hearing or, with the consent of the parties, hold a written hearing; or

(b) reject the objection and proceed with the electronic hearing if an Advisory Board is satisfied that this will cause no significant prejudice.

21.05 An Advisory Board may impose conditions on the holding of an electronic hearing and may decide who will set up the electronic hearing.

21.06 An Advisory Board may continue an electronic hearing as an oral hearing whenever it deems it appropriate.

22. Hearings in the Absence of the Public

22.01 Subject to Rule 22.02, a hearing shall be open to the public.

22.02 An Advisory Board may direct that a hearing be held in the absence of the public if it is satisfied that:

(a) intimate financial or personal matters may be disclosed at the hearing;
(b) specific harms may result from disclosure; and,
(c) under the circumstances, it is more desirable to avoid disclosure than to hold the hearing open to the public.

22.03 Where an Advisory Board orders that a hearing, or part of a hearing be held in the absence of the public, the Advisory Board shall issue a procedural order as to the holding of the hearing and the rights and obligations of the persons and parties permitted to attend the hearing.

23. Recording of Hearing and Transcripts

23.01 Where a hearing has been recorded by a reporting service, a party may obtain a copy of the transcript at its own expense from the reporting service.

23.02 A party who has ordered all or a portion of a transcript shall provide a copy of the transcript to the Superintendent or the Advisory Board upon request at no cost.

23.03 No person shall make a visual or audio recording of any part of the proceeding before an Advisory Board unless authorized by an Advisory Board.

24. Adjournments

24.01 An Advisory Board may adjourn a hearing on such conditions as it considers just.