Discipline Hearing Process

An APEGA discipline hearing is a serious, formal Discipline Committee proceeding on the conduct of a registrant or permit holder, held in a quasi-judicial setting. Hearing procedures are outlined in Part 5 of the Engineering and Geoscience Professions Act and Part 6 of the General Regulation.

The hearing panel has all the powers and authority of the Discipline Committee. Panel members set the hearing procedure and decide what evidence they will hear and how they will determine the facts.

Process that happens before a discipline hearing (refer to accompanying text)

Before the hearing

The registrar or their delegate sends a notice of hearing to the registrant under investigation and the Investigative Committee. The notice provides the charges and the date, time, and place of the hearing.

At least three weeks before the hearing, the registrant and the Investigative Committee must disclose all documentary evidence (e.g., reports, photographs) and send notices to witnesses.

Process for a discipline hearing (refer to accompanying text)

During the hearing

Hearing attendees

  • Discipline Committee panel
  • Discipline Committee legal counsel
  • Investigative Committee legal counsel, representatives, and witnesses
  • Registrant under investigation, legal counsel, and witnesses
  • APEGA support staff
  • Members of the public and other observers (if the hearing is open to the public)

Hearing opening

Housekeeping matters

Hearing opens

  1. Panel establishes its jurisdiction to conduct a hearing
  2. Charges and case number

Introductions

Preliminary and procedural matters (if any)

Evidence submission

Opening statements

  1. Investigative Committee’s legal counsel
  2. Registrant or registrant’s legal counsel

The Investigative Committee presents its case.

  1. Presentation of documentary evidence
  2. Direct, cross, and redirect examination of witnesses
  3. Panel questions for clarification (if any)

The registrant, or the registrant’s legal counsel, presents their case.

  1. Presentation of documentary evidence
  2. Direct, cross, and redirect examination of witnesses
  3. Panel questions for clarification (if any)

Closing statements

  1. Investigative Committee’s legal counsel
  2. Registrant or registrant’s legal counsel

Hearing closing

The panel states the format and estimated time frame for its decision.

Process that occurs after a discipline hearing (refer to accompanying text)

After the hearing

The panel renders its findings in a written discipline decision, which is sent to the registrant and Investigative Committee.

If there are findings of unprofessional conduct, unskilled practice, or both, the panel provides the opportunity for both parties to make submissions on sanctions (orders).

The panel’s sanction decision is served on both parties and notice is sent to the complainant. Findings of unprofessional conduct, unskilled practice, or both are posted to APEGA’s website.

More information about APEGA’s discipline process

To support our primary mandate of protecting the public welfare of Albertans, APEGA publishes discipline decisions and shares the following information about registrants and permit holders.