WHEREAS pursuant to section 84(1) of the Real Estate Act, S.A. 1995, c. R-4.5 (the “Act”), the Real Estate Council of Alberta (the “Council”) has the power, duty and responsibility to amend or appeal bylaws and rules.
THEREFORE BE IT RESOLVED THAT:
Rule 18 be amended from:
18(1) A person who
(a) has been refused a licence, or
(b) has had terms, conditions or restrictions imposed on his licence or other authorization under section 14
may, within 30 days after being notified in writing of the decision, request a review of the decision by a Hearing Panel appointed under section 36 of the Act.
(2) The Hearing Panel is not required to afford the person requesting the review the opportunity to make oral representations or to be represented by counsel if the person is, in the opinion of the Panel, afforded adequate opportunity to make written representations.
(3) The Hearing Panel shall review the representations as soon as is reasonably practicable after receiving them.
(4) The Hearing Panel may conduct any enquiries, in addition to those made by the Executive Director, that it considers appropriate for the purposes of the review and, in the case of a refusal of a licence, may treat the request for review as an original application for a licence.
(5) The Hearing Panel shall serve its decision in writing on the person requesting the review and, where the decision upholds the decision of the Executive Director, the decision shall be accompanied by reasons.
(6) Where the Hearing Panel’s decision upholds the Executive Director’s decision, the person requesting the review may appeal the decision to an Appeal Panel in accordance with section 48 of the Act within 30 days of the date of the decision.
to read as follows:
18(1) A person who
(a) has been refused an authorization as a result of
(i) a violation of any law of any jurisdiction that may, in the executive director’s opinion, adversely affect the person’s ability to carry on business as an industry member, or
(ii) a determination by the executive director that it would not be in the public interest to issue an authorization to that person
or
(b) has had terms, conditions or restriction imposed on his licence or other authorization under section 14
may, within 30 days after being notified in writing of the decision, request a review of the decision by a Hearing Panel appointed under section 36 of the Act.
(2) The Hearing Panel is not required to afford the person requesting the review the opportunity to make oral representations or to be represented by counsel if the person is, in the opinion of the Panel, afforded adequate opportunity to make written representations.
(3) The Hearing Panel shall review the representations as soon as is reasonably practicable after receiving them.
(4) The Hearing Panel may conduct any enquiries, in addition to those made by the executive director, that it considers appropriate for the purposes of the review and, in the case of a refusal of a licence, may treat the request for review as an original application for a licence.
(5) The Hearing Panel shall serve its decision in writing on the person requesting the review and, where the decision upholds the decision of the Executive Director, the decision shall be accompanied by reasons.
(6) The Hearing Panel’s decision is final.
DATED at Edmonton this 16th day of July 1997.
