tribunal1

Special Education Further Steps

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Tribunal's Decision

Once the hearing has ended, the panel meets to talk about the facts, information presented, and the law. Only panel members who heard all the evidence will take part in making the decision. The decision is based only on the evidence given at the hearing.

The Tribunal will consider both what the student needs and what the Board is able to offer. They will be guided by what is in the "best interest of the student." 

The panel's decision may be to grant your appeal, deny your appeal, or grant your appeal in part (give you part of the remedies you seek but not all).

Timeline for Decision

Sometimes the tribunal may give an interim decision, within a week or so, without written reasons. Usually, the tribunal will give its decision with reasons and any orders it will make, within 90 days of the hearing. 

Following the Hearing

The tribunal may continue to take an interest in how its decision is applied. This is called “remaining seized of the case.” The tribunal may do this on its own or because it has been asked to by a party. See Practice Direction - Seized Cases for more information. The tribunal usually stays involved if doing so is in the best interest of the student.

If you win the decision, but feel that the school board is not following what they were told to do, you can get a court order to force them to do so. If you decide to get a court order, it may be a good idea to get help from a representative before going to the court, though you don't have to.

Other Options

The decision of the tribunal is final and binding. You do not have the right to appeal or to apply for a re-hearing. If you think that the hearing was unfair, or that the decision was not reasonable or correct, you can ask a court for a judicial review. It is a good idea to talk to a lawyer first.

Three months after the decision, you can also ask for another IPRC. If you are not happy with the new IPRC, you can begin the appeal process again.

NOTE *** Any new appeal must be based on the new IPRC alone. The tribunal will not hear about older matters that it has already decided on.

Ombudsman Ontario

The Ombudsman does not have the power to overturn decisions or change tribunal decisions, but If you believe you were treated unfairly by an administrative tribunal you can make a formal complaint with the Ombudsman.  If the Ombudsman agrees, he can make recommendations to the tribunal to address the problem, and he can also make recommendations about government legislation, policies or programs.  For more information on the powers of the Ombudsman over tribunals, go to: Ombudsman Ontario

Costs

There is no fee to make an appeal before the Ontario Special Education Tribunal.  The costs to make an appeal will be for transportation to get to the hearing, for any reports or travel for witnesses you want to bring to the appeal, and for other similar aspects of your appeal.

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More Information

Ontario Regulation 181/98: Identification and Placement of Exceptional Pupils

Education Act, Section 57

Statutory Powers Procedure Act

Ontario Special Education Tribunal Rules of Procedure

Practice Direction on Representation before Social Justice Tribunals Ontario

Mediation Practice Directions

Consent Orders

2015 Annual Report of the Minister's Advisory Council on Special Education

Links

People for Education

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< Back to Hearing Procedure

Tribunal Number: 

Special Education Hearing Procedure

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Language of Hearing
Making Your Case
Witnesses
Last Minute Documents or Witnesses


Location

For the location of the hearing, the secretary of the tribunal picks a place close to the area where both sides live. Sometimes it will be in a hotel or library. The location will be accessible.

The Panel

A panel of 3 tribunal members will hear the appeal. One member will be the panel chair, who will guide the hearing.

What You Should Bring to the Hearing

  • Two copies of your binder that contains the documents you plan to use as evidence. One for you and one for your witnesses. 
  • The binder that the school board will give you before the hearing.  
  • Any audio-visual equipment to help tell your story. Such equipment is not provided, so if you need it, you have to bring it yourself.

Length of a Hearing

The hearing lasts as long as it takes to hear both sides. This may be anywhere from 1 to 5 days. Often, the hearing starts in the morning, there is a break for lunch and then the hearing resumes and goes all afternoon. Breaks may be taken if someone wants one.

Language of Hearing

Unless you are appealing a decision made in a French school board, the hearing will be in English. If you want to speak in French or question a witness in French, you can ask for an interpreter. If you wish to use American Sign Language, an interpreter will be provided. If you need an interpreter, you must tell the secretary of the tribunal as soon as possible.

Other People Who May Be at the Hearing

  • Hearings are open for anyone to attend. If you are using official documents or information that you want to be kept private, you can ask for a seal. This means it will not be made public.
  • You can have a representative or a support person at the hearing with you
  • The school board will likely have a representative and the superintendent at the hearing.

Keeping a Record

court reporter will make a record of the hearing. If you want a copy of the record, called the transcript, you will have to purchase it. You can ask the secretary of the tribunal about the cost and where you can pay for it.

Confidentiality

  • There may be times when the hearing deals with private matters. The chairperson may close the hearing to the public if a party asks for this or if the panel thinks it is needed.  
  • No one other than the court reporter is allowed to record the hearing without special permission.

Food and a Place to Stay

Even though the hearing will be held in the area of the school board, it might still be quite distant from your home. If you are too far away to go home at night, you will have to find your own place to stay and pay for it. You will be given water during the hearing, but you must take care of your own food.
 

Making Your Case

Opening Statements

Usually, you will begin by telling the panel who you are, why you have come and what you will be trying to prove to them as the hearing goes ahead. This is called the opening statement.

The opening statement includes:

  • Showing that you already tried all the other ways to fix your issue. Remember these steps are explained for you in the Appeal Steps section. 
  • Giving the main reason why you are unhappy with the identification and/or placement of the student
  • Telling the panel how you think the issue can be fixed

The school board will then have its turn to:

  • Tell the panel what it wants to prove
  • Address your ideas for fixing the issue 

Giving Evidence to Support Your Story

To make your case, your information and documents must be accepted and numbered as exhibits at the hearing.  For the panel to agree to look at a document, it must be relevant.

If there is a disagreement about allowing an exhibit, the party who wants to include it must tell the panel why the information is important.

Each party can give evidence.  The evidence must be:

  • relevant;
  • recent; and
  • helpful to the panel in figuring out the strengths and needs of the student.
  • Evidence might include:
    • educational, psychological, and health assessment reports. These types of reports are explained in Regulation 181/98
    • other information about the student’s schooling, such as report cards and samples of work; and
    • information about the programs and services you believe meet the student’s needs

All evidence, even hearsay evidence, could be allowed by the panel.

As well as verbal and written evidence, the parties should present information about the placement, special education programs and services that are most likely to meet the student’s needs.

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Witnesses

Both sides can call witnesses to support their story. The school board goes first and then it is your turn. Each side can ask questions of the other side’s witnesses. Witnesses cannot come into the hearing room until it is their time to speak (testify).   

Steps followed for each witness are:

  • The panel chair asks the witness to promise to tell the truth.
  • The witness is questioned by the party that called him/her.
  • The other party cross-examines the witness.
  • The witness is re-examined by the party who called him/her about anything new that came up while the witness was being questioned by the other side.
  • The panel may question the witness.
  • The parties can ask more questions of the witnesses, but only about new things that came up during the panel’s questioning.

*** If you are ever unsure about what is happening during the hearing or why it is happening, feel free to ask the panel chair to explain.

Using Witnesses to Help Make Your Case

  • Call the witnesses in an order that helps tell your story in a clear way.
  • When you call your witnesses, you should use open-ended questions; do not use questions that suggest what the answers might be.
  • When questioning the other side’s witness, you can suggest an answer and ask for his or her view, and then ask, “yes or no?” If you have information that goes against what a witness is saying, ask him or her about it.
  • If both parents are present at the hearing, one may act as a representative and ask questions. The other parent becomes a witness and may be cross-examined by the other side.
  • If you question your witness a second time, you can only ask about anything new that came up while the witness was being questioned by the other side or by the panel. You can’t ask your witness the same questions.

Number of Witnesses Called in a Day

The number of witnesses in a day is based on how long questioning takes. Plan to call the witness(es) you need, but make sure time is left to ask your witness your questions, to have the other side ask their questions and to allow the panel to ask its questions.

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Last Minute Documents or Witnesses

Normally, you are not allowed to add witnesses or official documents after both sides have shared information, but, in some special cases, you may be allowed to. If the school board doesn’t want something added, they will argue against it. The panel chair will make a ruling on whether or not your last-minute witnesses or documents will be accepted. This decision is final.  

Objections

If you hear the school board ask a question that you don’t think is fair, right or important, you can stand up and tell the panel so. This is called an objection. You will have a chance to explain why you do not like the question, and the school board will say why they think the question is important and fair. The panel chair will rule on the objection, and again, this decision is final.

*** Remember, this tribunal is not a court. At any time, parties are allowed to ask questions, as long as they have something to do with the issue. 

Conduct

All sides must show respect for everyone at the hearing. Rudeness toward witnesses, representatives or the panel is against the rules. Keep in mind that you are making an impression on the panel by the way you conduct yourself and present your case.

Communicating With the Panel During the Hearing

If you have questions or comments, direct them to the panel chair. The chair will guide the hearing and always keep you informed about what is going on and why. If you have a question or issue, you must say it out in the open. You cannot talk to the panel in private. This rule makes sure nothing is done without both sides knowing about it.

Final Argument

Once all the witnesses have had their turn, the exhibits (documents) have been shared, and the panel has listened to all the information that came out in the hearing, the panel will ask each side to talk about why the panel should make a decision in their favour.  

  • Prepare an outline of what you want to say during your final argument.
  • This is not the time to testify all over again. Instead, go over the best evidence that supports your side of the story, and list the reasons why the other side’s case is weak.
  • Remind the panel about helpful things said by witnesses, useful things found in exhibits and key points from other cases in the past.
  • Tell the panel what you would like them to remember as they leave to make their decision.

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< Back to Hearing Steps           Continue to Further Steps >

Tribunal Number: 

Special Education Hearing Steps

Go to:
Gather Documents
Legal Contacts
Advocacy Groups


A hearing gives you the chance to present and prove your case to the Tribunal.  It is important to remember that a tribunal is not a court. The panel is there to listen to both sides and make a decision that is in the best interest of the student, and also follows the law as it is described in the Education Act, the Regulations under the Act, and the Policies established by the Ministry of Education. 

Preparing for the Hearing

Think About the Issues:

  • Think about any facts or details that might help prove that the child’s placement and/or accommodations are not right. Make a list.
  • Think about the other party’s side of the story: In what ways do you disagree? What did they leave out? How do you respond? Make a list.

Witnesses:

  • If someone else is connected to or has information about your case, then you may want to bring them as a witness
  • If you are the only person with first hand info about your side of the story, you may not need witnesses
  • Good witness(es) = know about your personal issue, have a good reputation and do not gain or lose from the outcome.
  • Unsatisfactory witness(es) = have general information only, and may have a stake in how your case turns out.
  • If you’re worried that your witness may not show up, you can ask your case coordinator to help to get a summons
  • Write down the questions you want to ask your witness(es). These questions should help the witness to talk about the things that you think are important for your case.
  • Meet with the witness(es), tell them why you have asked them to speak for you, and practice asking them your list of questions.

Gather Documents:

  • Track down any records you have that you think might support your case.
  • These records must be sent to the secretary and the board at least 10 days before the hearing.
  • You can give any record that goes to the exact issues you have raised.  Such records might be emails or doctors' reports. Remember: other documents (found on the Internet or in the newspaper) ARE NOT usually allowed as evidence.

Read other Cases:

It can be helpful to you if you read some decisions of the Ontario Special Education Tribunal in other cases.  Although each case is decided on the basis of its unique facts, you can learn much by reading the decisions.  Ontario Special Education Tribunal Decisions

7 step special education appeal flow chart

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If you want a representative to help you to prepare for or carry out your hearing, you can contact:


Justice for Children and Youth

Toronto Phone Line: 416-920-1633

Ontario Toll Free: 1-866-999-5329


The Lawyer Referral Service of the Law Society of Upper Canada

Toronto Phone Line: 416-947-3330

Toll Free: 1-800-268-8326


Legal Aid Ontario

Toronto Phone Line: 416-979-1446

Ontario Toll Free: 1-800-668-8258


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Or, if you want more information from an advocacy group, contact:

Association for Bright Children

Autism Ontario

Canadian Association of Community Living

Canadian Hearing Society (CHS)

Canadian National Institute for the Blind (CNIB)

Integration Action for Inclusion in Education and Community

Easter Seals Ontario

Learning Disabilities Association of Ontario (LDAO)

Ontario Association for the Deaf

Ontario Association for Community Living

Ontario Coalition for Inclusive Education

Ontario Federation for Cerebral Palsy

Parents for Children's Mental Health

Spina Bifida and Hydrocephalus Association of Ontario

Tourette Syndrome Association of Ontario

VOICE for Hearing Impaired Children

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< Back to Appeal Steps          Continue to Hearing Procedure >

Tribunal Number: 

Special Education Appeal Steps

Go to:
Appeal to Special Education Tribunal
Pre-hearing Conference
Pre-Hearing Issues
If Mediation Works
Completing Form A


In order to appeal to the Ontario Special Education Tribunal, you must first go through all stages of local reviews and appeals. Timelines are very important. Here are the steps to take.

IPRC Meeting

Request and attend an Identification, Placement, and Review Committee (IPRC) meeting.

  • Go to the IPRC meeting and try to work out your child's needs and placement with the school and school board staff.
  • Write a letter to your child's school principal, and ask for an IPRC meeting.

(OPTIONAL) Ask for a second IPRC Meeting

  • Within 15 days of getting the report from the first IPRC meeting, ask for a new meeting to try to resolve any issues with placement/support that still exist

Appeal the first IPRC decision (within 30 days) OR the second IPRC decision (within 15 days) to the Special Education Appeal Board (SEAB).

If you do not indicate your agreement with your child's IPRC decision by signing it, but do not appeal the decision to the SEAB, the school board may notify you of their intention to implement the IPRC decision.  This does not mean you can never appeal the IPRC decision about your child's identification or placement.  You can ask for another IPRC meeting and begin the appeal process if you still disagree with the outcome.

If you want to appeal the IPRC decision:

  • Write to the secretary of the board to tell them that you want to appeal the IPRC decision.
  • The letter must list which IPRC decision is a problem for you.
  • Give the reasons why you disagree with the IPRC decision.

A SEAB will be set up to hear both sides and decide if the IPRC made the right choice of identification and placement.

  • Within three days of the SEAB meeting, the SEAB panel will give you a statement that either agrees or disagrees with the IPRC decision and, if they disagree with the IPRC, make recommendations to the board about the student's identification or placement or both.
  • The school board can either follow or ignore the SEAB’s suggestions.
  • If you do not agree with the SEAB’s suggestions or the board’s response, you can appeal to the Ontario Special Education Tribunal.
If you have gone through all the stages, and want to launch an appeal, contact the Secretary of the tribunal. You will be directed to their Rules of Procedure so that you will learn what to expect and their strict timelines. If you miss timelines during this process you might have to start at the beginning again so it is important to get the information, understand what to expect, and follow the timelines. 


Appeal to the Ontario Special Education Tribunal

If you wish to appeal the SEAB's decision, you must do so with the Ontario Special Education Tribunal. This appeal must be made within 30 days of the SEAB decision.  To make an appeal, write to the secretary of the tribunal, saying that you want to appeal the SEAB's decision.  You can also complete the tribunal's Form A: Notice of Appeal and send it to the secretary of the tribunal. 

The letter, or completed Form A, should include the following information. 

  • Contact information for the parents; information about the student.
  • The story of the steps you took that led to the appeal. 
  • Copies of the official documents you got at each step: IPRC decision, SEAB recommendations and school board response;
  • Your list of reasons for your appeal.  These reasons should be clear and to the point.
    • Say whether the identification and/or placement is being appealed.
    • Tell them exactly why you are not happy with the identification and/or placement.
  • What you want the school board to do about the student’s identification and/or placement. 
  • If you are going to have a representative, you must include his/her information.
  • Information about any other applications you are making in other places (such as court or another tribunal) about this issue.
  • Signatures

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Pre-hearing Conference

The school board and the chair of the Ontario Special Education Tribunal will each get a copy. The school board then has 10 days to fill out Form B: Response to a Notice of Appeal and send it to you and the Secretary of the tribunal.   

Once Form A and Form B are received by the Secretary of the Ontario Special Education Tribunal, the panel members assigned to your appeal will have a pre-hearing conference. The pre-hearing conference is usually held over the phone, but it can sometimes be a face-to-face meeting, or the information can be shared in writing.  If one or the other is better for you, just let the tribunal secretary know.

The purpose of this pre-hearing conference is to:           

  • Talk about what procedures will be followed
  • Decide the issues that are to be argued 
  • Set dates for further discussions and possible hearing dates
  • Set dates for sharing information with the tribunal and the other party. (This sharing of information is called disclosure.)
  • Figure out if any of the parties and/or participants need help/accommodation. 
  • Ask parties if they want to try mediation.  Mediation is not a requirement, but as explained below, it could be helpful for you.

How the Pre-conference Works

The pre-hearing conference is usually held over the phone, but it can sometimes be a face-to-face meeting, or the information can be shared in writing. If one of these ways is better for you than another you can ask the secretary.

Who Participates in the Pre-conference Hearing?

The people who participate in the pre-conference hearing are usually the parties and their representative(s), the 3 members of the panel hearing the appeal and the tribunal secretary. 

Accommodation

If you need some kind of accommodation (e.g., wheelchair access, sign language interpreter, large print materials or other help) make a request to the secretary. If you need accommodation, ask for it as early in the process as you can.

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Pre-hearing Issues

If either party has an issue (e.g. needs more time, wants accommodation or would like the hearing to be at a certain location) they should tell this to the tribunal secretary. The panel chair will decide how to handle the issue. If you have an issue that might affect the hearing, you may be asked to make a motion (see below).

Pre-hearing Motions

If you want to or are asked to make a motion, you must tell the tribunal secretary. You will need to tell the panel what you want and give reasons as to why you should get it. The panel may make a decision on the motion right away or may wait until the end of the hearing. The way motions are dealt with is set out in the tribunal’s Rules of Procedure.

Mediation

Sometimes it is possible to fix any issues before you go to a hearing. This process is called mediation. Mediation is a meeting where two parties discussed a disagreement with the help of an independent mediator. At the pre-hearing conference, you will be asked if you want to go to mediation. Mediation is done only if both sides agree to it, and anything that is said will be kept secret.

If you know for sure that you would like to try mediation, you can check off the box about this on Form A.

Once a mediator has been chosen, the mediator will probably meet with both sides separately and together to identify the issues and help get agreement on possible solutions. 

Parents should prepare for mediation by focusing on their child's needs, and clearly outlining their position. They could list what they propose as a solution and consider all options offered that might settle the dispute.  Some possible solutions can be attempted in a short-term or experimental way to evaluate their effectiveness, with a plan to meet at a later date to consider how well the solution has worked, and to make modifications if necessary.

If Mediation Works

If mediation helps settle all the issues of the appeal, the parents can withdraw the appeal or the parties can ask for a consent order

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If Mediation Fixes Some but Not All the Issues

If the parties agree on some of the issues through mediation, those issues will be put into an agreed-upon statement of facts. The panel will then consider only the issues that have not been fixed through mediation.

If Mediation Does Not Work

If mediation doesn't settle the issues, and the parties don't agree, the appeal will go to a hearing. In this case, anything that the parties said during mediation cannot be used against them at the hearing stage.

Timelines

IPRC Meeting

Schools must identify and accommodate exceptional students with an IPRC meeting. When this meeting occurs, make sure to attend it, and use it as an opportunity to suggest how your child should be supported.

As part of the IPRC meeting, a decision will be made for the identification and/or placement of your child. If you disagree with the decision for either the identification or placement for your child, there are steps you can take. You can either request a second IPRC meeting or you can appeal the IPRC decision to the SEAB.

Requesting a second IPRC - (OPTIONAL)

If you wish to request a second IPRC meeting, you must do so within 15 days of getting the first IPRC decision.

Appealing the IPRC Decision to SEAB

If you wish to appeal the IPRC decision to the SEAB, you must do so within 30 days of the first IPRC OR within 15 days of a second IPRC, if there was a second one. You do not need to request a second IPRC to make an appeal to SEAB. 

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Appealing the Board's Response to the SEAB Decision

If you wish to appeal the board’s response to the SEAB decision, you must do so within 30 days of getting the board's answer to the SEAB recommendations.

Complete Form A: Notice of Appeal and Send it to the Special Education Tribunal

To appeal the board's response to the SEAB decision, you will need to fill out Form A within 20 days of receiving it from the secretary.    

Board Files Completed Form B: Response to Notice of Appeal

Once the board receives the completed Form A from the secretary, they will file a completed Form B: Response to Notice of Appeal within 10 days. 

Pre-hearing Conference for the Parties and the Panel

After the secretary receives the completed Form B from the board, the secretary will set up a pre-hearing conference within 20 days.

Sharing Documents (Disclosure)

In order for all parties to be prepared for the hearing, there must be disclosure, or sharing of information. At least 30 days before the hearing, parents have to send their documents to the respondents (the school board) and to the Special Education Tribunal.

The school board must also share its information. At least 15 days before the hearing, the school board has to send its binder of documents to the parents and to the Special Education Tribunal.
 

Tribunal Number: 

Special Education Overview

Go to:
Types of Problems the Tribunal Hears
What an Appeal Can Do for You


The information presented here is an overview of how the Special Education Tribunal works to hear appeals. It is not intended to be legal advice. If your issue is complicated or difficult to explain, you may want to talk with a lawyer to help you with your appeal.

Special Education in Ontario

School boards are required to develop a process to identify their students' exceptionalities and to set up and maintain special education plans to meet the needs of their students.  Each School Board in Ontario does this differently. 

The Education Act describes 5 broad categories for exceptional pupils in Ontario: Behaviour, Communication, Intellectual, Physical and Multiple. Under each category there is another grouping of more specific descriptions of these exceptionalities. 

The Ontario Special Education Tribunal hears from parents or caregivers who disagree with a school board’s identification and/or placement of their child. The tribunal hears from both sides, thinks about the student’s needs, and decides whether the right identification was made, and what placement and support should be given.  The tribunal will always keep in mind what the Education Act, regulations and policies outline for school boards to follow.

All of the exceptionalities, and the legislation that describes how school boards are supposed to support children with special needs, are outlined in Special Education: A Guide for Educators.  

Kathy Waybrant talks about the process of a Special Education Appeal and her experience with one

Types of Problems the Tribunal Hears

This tribunal deals mainly with two issues:

  • a child’s identification
  • a child’s placement

Examples of situations this tribunal deals with:

  • parents feel a student is in the wrong program
  • parents feel a student’s individual education plan (IEP) is not fair or helpful
  • parents feel a student does not have enough support for his or her exceptionality

Examples of situations in which the tribunal is unlikely to help:

  • parents want to force the board to give intensive behaviour intervention (IBI) for a student.
  • parents are OK with a placement or an IEP, but disagree with how it is being carried out by a teacher or staff member

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What an Appeal Can Do for You

Your appeal may win, lose or be partly successful. Whatever the outcome, going to the tribunal allows you to:

  • point out how you feel your child's educational needs are not being met
  • bring attention to important issues
  • make a school board accommodate your child’s needs 
  • try to get the best support possible for your child’s exceptionality
  • put pressure on your child’s school board to give him or her better support

The tribunal makes a decision that is:                    

  • Based on the facts and stories shared by the parties at the hearing;
    and is
  • Final and binding on the parties.

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Contact

Ontario Special Education Tribunals
1075 Bay Street, 7th Floor
Toronto, Ontario
M5S 2B1

Telephone:  416-326-1356  

Fax: 416-326-5135

email: oset@ontario.ca

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Continue to Appeal Steps

Tribunal Number: