The EAB handles a broad range of appeals. With nine statutes giving appeal rights to the EAB, and often with many different types of appealable decisions under each one and any associated regulations, each appeal has its own individual needs. Broadly speaking, however, appeals proceed as follows:
The EAB’s procedures are governed by common law rules of fairness, the applicable legislation, and Rules that the EAB has created to govern its appeal processes. The EAB has also created its Practice and Procedure Manual to help explain its processes, and Information Sheets as a resource for parties to appeals.
The EAB has created a Draft Decision Review Policy, which ensures that members have access to legal advice and the benefit of their peers’ experience to ensure they make the correct decision in any given appeal, without sacrificing the independence of the decision-maker or interfering with the principle that the decision must be made by the person who considered all the evidence and arguments.
Note: appeals to the EAB are open to the public, unless the EAB decides to hear an appeal (or a portion of an appeal) in confidence. Any information a party provides to the EAB related to an appeal will be, unless the EAB orders otherwise in that specific appeal, disclosed to all parties, participants and interveners involved in the case. Please bear this in mind, when considering what information to share with the EAB in the context of an appeal.
Furthermore, because EAB hearings are generally open to the public, unless the EAB has decided to receive some evidence or submissions in confidence, it may provide any information requested by a member of the public, with respect to a given appeal. The Freedom of Information and Protection of Privacy Act applies to the EAB and, unless requested information need not be disclosed under that Act, any non-confidential information will be made available on request, to the public.