Land Agent Licence Hearings

Land Agent Licence Hearings

An informal hearing is held by the Registrar before a decision is made regarding a suspension or cancellation of a licence. The Registrar does not deal with questions of law therefore is not bound by the rules of evidence applicable in the courts. The Registrar makes notes of the hearing and will mark evidence for the purposes of identification but a verbatim record or transcript of the hearing is not made or kept. The parties and witnesses are normally not put under oath although the Registrar may require that the testimony of a party or witness be sworn or affirmed.

The Registrar reviews the complaint or contravention and the evidence gathered in the course of the preliminary investigation by the investigator. This may include calling upon the complainant to give testimony. The land agent is then given an opportunity to make statements and furnish evidence in contradiction or explanation of or otherwise relevant to the allegations or facts in the complaint or testimony. Each party is given a fair opportunity to rebut opposing statements or evidence through cross examination of other parties and witnesses. Each party may make a closing statement including representations by way of argument. The Registrar will accept any written representations or submissions relevant to the matter. The Registrar will, advise when a decision will be rendered and closes the hearing.

A land agent may be represented in a hearing by legal counsel, however, it should be noted that section 13 and 14 of the Land Agents Licensing Act requires a land agent to respond to questions or requests for documents relating to a complaint or suspected contravention. The Registrar may not accept the statement of counsel as being the statements of the counsel’s client if the Registrar desires direct testimony. Each party is responsible for the conduct of his counsel. Counsel may be excluded for reasons of counsel’s disruptiveness or other conduct felt by the Registrar to be improper. If counsel is excluded, the Registrar may consider but need not grant, a request for postponement to enable new counsel to be obtained.

The Land Agents Licensing Act gives the Registrar the powers, privileges and immunities of a commissioner under the Public Inquiries Act. This means the Registrar has the power of summoning any persons as witnesses and requiring them to give evidence on oath and to produce any documents or papers considered to be required for full investigation of the matter at hand. It also means the Registrar has the same power to enforce the attendance of persons to give evidence or produce documents as is vested in a court of record in civil cases.

Created:
Modified: 2002-03-06
PID: 235