What is a Hearing Panel?
The AGLC Board Chair appoints two or more Board members to a hearing panel. If the Board Chair is not a member of the panel, one of the members of the panel will preside.
A hearing panel may perform all the powers and duties of the Board under the Gaming and Liquor Act.
Requesting a Hearing
A licensee, registrant, or applicant may apply to the Board for a hearing if:
- a licensee has allegedly contravened the Gaming and Liquor Act or the Regulation or Board policies resulting in an administrative sanction of a suspension, cancellation or other sanction
- a condition was imposed on a liquor, gaming or facility licence
- a condition was imposed on a gaming worker registration
- the applicant was refused a liquor or gaming licence or registration
A request for a hearing must be received in writing within 30 days of receiving the notice about the matter. The request must describe the issue and the reasons for the request. The licensee, registrant or applicant has the right to be represented at the hearing by legal counsel or other spokesperson and must make those arrangements; legal counsel is not provided.
The Board must hold a hearing within 60 days of receiving a request. A licensee, registrant or applicant may request an extension of the 60 days in writing. Contact the Board Secretary immediately if you need an adjournment. Adjournments within 48 hours of the hearing date will only be granted in exceptional circumstances and the Board will need written justification.
The Hearing Panel judges incidents coming before them independent of incidents that were the subject of any prior hearing.
Board Hearing Procedure
At the start of the hearing, the Chair will:
- Advise that the Hearing Panel is an administrative tribunal, not a court of law.
- Advise that an administrative tribunal is not bound by the formal rules of evidence and it is not the practice to swear witnesses.
- Explain that The Hearing Panel is an impartial panel of the Board of the AGLC that functions separately from the Regulatory Services Division of the AGLC.
- Explain that the only information the Hearing Panel has received in advance of the Hearing is the material contained in the Hearing file.
- Review why the hearing was requested.
- Ask the licensee, registrant or applicant to confirm that the Notice of Hearing was received and that they have had an opportunity to review the hearing file.
- Ask if there are any preliminary objections regarding the file or any other matter, without getting into the specifics of the case.
- State that the proceedings will be recorded.
During the hearing the following steps occur:
- The Regulatory Division presents its case and any witnesses.
- The licensee, registrant or applicant questions the Regulatory Division.
- The Hearing Panel ask questions.
- The licensee, registrant or applicant presents their case and any witnesses.
- The Regulatory Services Division may ask Cross-examination questions.
- The Hearing Panel ask questions.
- The Regulatory Services Division conducts a summation and identifies the penalty if the Hearing Panel finds a contravention.
- The licensee, registrant or applicant conducts a summation and speaks to a penalty if the Hearing Panel finds a contravention.
- The Hearing is brought to a close.
What happens next?
The Hearing Panel will adjourn to make a decision.
- The Hearing Panel will ask for the disciplinary record of the licensee, registrant or applicant.
- The Hearing Panel will decide on the penalty.
- The decision will be written, signed by the Hearing Panel Chair, and delivered or couriered to the licensee, registrant or applicant in 3 to 4 weeks.
- The Regulatory Services Division will follow up to ensure the penalty, if one was imposed, is satisfied
- The disciplinary record of the party will be updated.
- The decision will be posted on the AGLC website.
Further information on the hearing process can be obtained by calling the Board Secretary at 780-447-8605, or by faxing your request to 780-447-8916.