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ABCFP Bylaws - Association of BC Forest Professionals

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Rules <strong>of</strong> Evidence<br />

14.68 A panel may receive, accept, and consider evidence and information it considers relevant<br />

to the issues before it, whether or not that evidence or information would be admissible under<br />

the rules <strong>of</strong> evidence in a court <strong>of</strong> law under the Supreme Court Rules or the Rules <strong>of</strong> the Court<br />

<strong>of</strong> Appeal.<br />

Summons<br />

14.69 Witnesses may be summoned to attend the hearing by personal service <strong>of</strong> a summons in<br />

the form established by council from time-to-time for that purpose.<br />

Subpoena<br />

14.70 The attendance <strong>of</strong> witnesses may be compelled through issuance <strong>of</strong> a subpoena in<br />

accordance with the provisions <strong>of</strong> Section 28 <strong>of</strong> the <strong>Forest</strong>ers Act.<br />

Witness Allowances<br />

14.71 Witnesses required to attend a hearing may be granted the same allowances as witnesses<br />

attending in the Supreme Court.<br />

Panel Decision<br />

14.72 Unless affected by the death or disability <strong>of</strong> a panel member and Bylaw 14.47 applies, a<br />

panel must decide any matter by a majority and the decision <strong>of</strong> the majority is the decision <strong>of</strong><br />

the panel.<br />

14.72.1 If Bylaw 14.47 applies and only two (2) panel members are either available to or are<br />

empowered to make a decision on a matter, the decision must be unanimous.<br />

14.73 If a majority decision under Bylaw 14.72 or a unanimous decision under Bylaw 14.72.1<br />

cannot be reached, the citation shall be referred back to the Registrar for a re-hearing in its<br />

entirety.<br />

14.74 The decision <strong>of</strong> the panel will be in writing.<br />

14.75 If there is a minority opinion, it too shall be in writing.<br />

Notification <strong>of</strong> Member<br />

14.76 Where a disciplinary hearing proceeds in the absence <strong>of</strong> the subject member, in accordance<br />

with Bylaw 14.57, the panel will notify the subject member <strong>of</strong> its decision by registered mail.<br />

14.77 The subject member is deemed to have received notice <strong>of</strong> the decision four (4) days after<br />

pro<strong>of</strong> <strong>of</strong> posting.<br />

Publication<br />

14.78 Council may publish the decision <strong>of</strong> the panel in such manner as it decides.<br />

<strong>A<strong>BC</strong>FP</strong> <strong>Bylaws</strong> (September 2012) 43

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