PART 4PROCEDURE OF APPEAL PANELS

Determination without oral hearing26

1

An appeal panel shall take its decision on an appeal without hearing oral representations, except as provided for in paragraphs (2) and (3).

2

The presiding member shall direct an oral hearing if, and only if, he considers it necessary to receive oral representations in accordance with paragraph (3).

3

Before allowing an oral hearing of an appeal under paragraph (2), the presiding member must be satisfied that the case which is the subject-matter of the appeal—

a

would establish or uphold and develop new and important legal principles;

b

would have an unprecedented impact in its consequences for the appellant and be of direct benefit to society at large; or

c

is, in terms of its complexity and expected duration, distinct from other cases.

4

In this regulation, “decision” includes determinations embodied in or necessary to a decision.