Board Hearings and Procedures
The AGLC Board is responsible for conducting hearings and making decisions respecting licences, registration and applications in accordance with Section 94(1) Gaming and Liquor Act.
What is a Hearing Panel?
A Hearing Panel consists of two or more AGLC Board members appointed by the Chair of the AGLC Board. If the Chair of the Board is not a member of the Hearing Panel, one of the members of the Hearing Panel will be designated to preside over it.
A Hearing Panel may exercise and perform all the powers and duties of the Board under the Gaming
and Liquor Act or any other enactment with respect to
the matter it is directed to deal with.
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 and has been offered 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 has been refused a liquor or gaming licence
A request for a hearing must be received in writing within 30 days of receiving the notice concerning the matter. The request must fully 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 independently; one will not be provided.
The Board is legislated to hold a hearing within 60 days of receiving a request. A licensee, registrant or applicant may, upon providing a written request, ask for an extension of the 60 days so that the hearing may be held outside this period. The Board Secretary should be contacted immediately if the licensee requires an adjournment and reasons for the request must be given. Adjournments within 48 hours of the hearing date will only be granted in exceptional circumstances and the Board will require written justification.
Incidents or issues coming before a Hearing Panel will be judged on their own merit and independent of incidents or issues that were the subject of a prior hearing or prior disciplinary action.
After adjourning the hearing, the Hearing Panel will meet to make a decision. The Hearing Panel will only refer to the operating summary of the licensee or registrant if imposing penalty. A written decision, signed by the Hearing Panel Chair, will be provided within 3 to 4 weeks.
The Social Responsibility and Licensing/Compliance Division will follow-up to ensure, if a penalty is imposed, that it has been satisfied and is also responsible for updating the operating summary of the licensee or registrant, and posting hearing results on AGLC’s website.
Board Hearing Procedures
At the start of
the hearing, the Chair will outline the manner in
which the hearing will be conducted. A licensee, registrant,
or applicant will be asked:
- to confirm that the Notice of Hearing was received and
that they have had an opportunity to review the hearing
- if there are any preliminary objections regarding the
file or any other matter, without getting into the specifics
of the case.
The Chair of the Hearing Panel will explain that:
- the Hearing Panel is an impartial panel of the Board of the AGLC that functions separately from the Regulatory Division of the AGLC;
- the only information the Hearing Panel has received in advance of the Hearing is the material contained in the Hearing file;
- the Hearing Panel is an administrative tribunal, not a court of law;
- an administrative tribunal is not bound by the formal rules of evidence and it is not the practice to swear witnesses; and
- the proceedings will be recorded.
The Hearing will proceed with:
The Hearing will then be brought to a close.
- Regulatory Division presenting its case and any witnesses;
- the licensee, registrant or applicant being allowed to question Regulatory Division;
- the Hearing Panel being given the opportunity to ask questions;
- the licensee, registrant or applicant having an opportunity to present their case and any witnesses;
- cross-examination questions from Regulatory Division.
- the Hearing Panel then having the opportunity to ask questions;
- Regulatory Division being allowed a summation and to speak to penalty if the Hearing Panel finds a contravention; and
- the licensee, registrant or applicant being allowed a summation and the opportunity to speak to penalty if the Hearing Panel finds a contravention.
What happens now?
The Hearing Panel will adjourn to make a decision.
Once the decision has been made:
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.
- the Hearing Panel will ask for the disciplinary record of the licensee, registrant or applicant;
- the Hearing Panel will decide on penalty having reference to the disciplinary record;
- the decision will be written, signed by the Hearing Panel Chair, and delivered or couriered to the licensee, registrant or applicant in 2 to 3 weeks;
- the Regulatory Division will follow up to ensure the penalty, if one was imposed, is satisfied;
- the disciplinary record of the party will be updated; and
- the decision will be posted on this website.