Reconsideration allows a licensee or permittee to have enforcement orders reviewed without having to apply to the court for judicial review, as long as the application for reconsideration meets the prescribed grounds. Reconsideration is a prerequisite for judicial review.
Grounds for Reconsideration
A licensee or permittee may apply for reconsideration if the application meets one of the prescribed grounds:
- there is new, substantial and material evidence that was not available at the time of the original hearing
- there was an error of law
- there was a failure to observe the rules of procedural fairness
These are the only reasons that a decision may be reconsidered. Reconsideration is not an opportunity to re-argue the case. Licensee or permittee's have 30 days from the date they are served with an enforcement order to apply in writing to the general manager for reconsideration. The general manager may extend the deadline if special circumstances prevent the licensee from meeting the deadline.
A licensee or permittee must submit the application form, a $500 application fee and a written submission identifying how they meet the grounds for reconsideration. The application fee will only be refunded if the enforcement order is rescinded in the reconsideration order. If an application for reconsideration is accepted, the licensee or permittee will be notified in writing that the penalty will be stayed until the reconsideration decision has been received by them. If an application for reconsideration is rejected, a letter will be sent to explain the reason for the decision. The letter will also confirm the penalty and may provide a new date of payment or service of suspension.
The general manager will delegate reconsideration decisions to a hearing delegate. The enforcement order may be upheld, varied or rescinded. Once a decision is reached, the reconsideration order will be sent to the licensee or permittee with a letter that will set out any further details with respect to the decision.
If the licensee or permittee is not satisfied with a reconsideration order, they may apply for judicial review within 30 days of receiving the reconsideration order pursuant to the Judicial Review Procedure Act [R.S.B.C. 1996], c. 241.
To apply, see:
Application for Reconsideration Form (LCRB126) (PDF, 570 KB)