Childcare Licensing and Certification – Appeal hearing

The Appeals Secretariat will be in communication with you and a representative from Education and Childcare to set up the hearing dates and answer any questions. You, or someone authorized to act on your behalf, must take part in the hearing. If you want to give another person authority to act on your behalf throughout the appeal process, include an Authorization form.

Once you receive the letter, contact the Appeals Secretariat if:

• you cannot attend and need to reschedule your appeal hearing
• you and/or your support person requires an interpreter, American Sign Language (ASL) or another reasonable accommodation to participate in the hearing
• you want information about organizations that may be able to help you with your appeal

You, or the person acting on your behalf, must take part in the hearing. If you or the person acting on your behalf are not able to attend, you must notify the Appeals Secretariat immediately. If this does not happen:

• the Appeals Secretariat will try to contact you to reschedule the hearing
• if the Appeals Secretariat cannot reach you, the appeal panel may decide you chose to end your appeal without telling anyone – this is called abandoning an appeal
• the appeal panel’s decision that you abandoned your appeal is final
• your right to appeal will end
• your appeal will be closed

The Appeals Secretariat’s scheduling letter tells you how to submit information that supports your appeal. This must happen before the hearing based on the deadline in the letter.

During the hearing, your role is to:

• present your case based on information you already submitted to support your position
• explain why the appeal panel should decide in your favour
• bring witnesses, if you choose, to support your case

At least one week before the hearing, the Appeals Secretariat will send an appeal package to you, the Childcare licensing office, and the appeal panel. Make sure to:

• read this package when it comes – it includes copies of all the documents:
  • you gave to support your appeal
  • the Childcare licensing office provided to support their decision
• bring the package with you to the appeal hearing
• if you would like your supporters to have a copy of the appeal package for the appeal hearing, it is your responsibility to provide them with a copy

Contact the Appeals Secretariat if:

• you did not receive the package
• documents are missing
• you need help reviewing it in another language

• Three appeal panel members (1 chair, 2 members).
• You and/or your representative, or anyone you said would be there to assist you.
• Any witnesses named in the appeal package.
• Someone from the Childcare licensing office and anyone representing or assisting them.

1. The chair introduces everyone and goes over the rules, then asks if:
   • you and the representative from the Childcare licensing office understand the decision being appealed
   • anyone objects to the people on the panel or their right to decide your appeal
2. If there are no objections, the chair asks if everyone received the appeal package and can confirm all their documents were included. The chair also asks if there is information not included in the appeal package that the panel should consider. If so, then you or the representative from the Childcare licensing office can ask for:
   • copies of the new information
   • a short break to review it
   • the hearing to be moved to another day to allow more time to review it
3. The representative from the Childcare licensing office and their supporters/witnesses present their information first. You and the panel will:
   • let them speak without interrupting them to hear why they made their decision
   • be able to ask questions after each person speaks
4. Next, you or the person acting on your behalf, and others who support your appeal, will present your information. The representative from the Childcare licensing office and the panel will:
   • let you speak without interrupting you to hear why you disagree with the decision that was made
   • be able to ask questions after each person speaks
5. The chair asks the representative from the Childcare licensing office to summarize their information and the decision they would like the panel to make, then you or the person acting on your behalf is asked to do the same.
6. The chair ends the hearing and explains when to expect the panel's decision.

You can make a complaint to the Alberta Ombudsman’s office. They cannot reverse or change an appeal panel decision, but they can:

• review the appeal process
• make recommendations, including that an appeal panel hear the case again

A judicial review happens through the Court of King’s Bench. The Court cannot reverse or change an appeal panel decision, but they can decide whether the appeal panel:

• acted within its legal authority
• followed a fair process
• made a reasonable decision based on the situation

When a judicial review happens, the Court:

• cannot make a new decision
• may send the case back for the appeal panel to hear again if it agrees the hearing was unfair – if this happens, different panel members may hear your appeal

If you wish to apply for a judicial review, you must:

• file an Originating Application for Judicial Review, Form 7, Alberta Rules of Court, Rule 3.8 with the Court within 6 months from the date the appeal panel made its decision
• decide if you need a lawyer to assist you – if so, contact the Law Society of Alberta’s referral service at 1-800-661-1095 or Legal Aid Alberta at 1-866-845-3425 for help finding one