Article 36 Notice of date, place and time of hearings
Subject to the provisions of paragraph (2) and rule 37, the Secretary of the Tribunal must, after consultation with the parties, fix the date, place and time of any hearing and send to each party a notice specifying the date, place and time of the hearing.
If the Secretary of the Tribunal has asked a party to provide details of that party’s availability to attend a hearing and that party fails to comply with the request, the Secretary of the Tribunal must proceed to arrange the hearing without further consultation with that party.
Subject to paragraph (4), the notice of hearing referred to in paragraph (1) must be sent—
no later than 5 working days before the date fixed for the hearing, or
within such shorter period of time before the date fixed for the hearing in sub-paragraph (a) as the parties may agree.
The Secretary of the Tribunal must include in or with the notice of hearing—
information and guidance, in a form approved by the President, as to attendance at the hearing of the parties and witnesses, the bringing of documents, and the right to representation or assistance as provided by rule 45, and
a statement explaining the possible consequences of non-attendance and the right of the following to make representations in writing—
the applicant, if the applicant does not attend and is not represented,
the Commissioner, if the Commissioner does not attend and is not represented, if the Commissioner has submitted a statement of case, unless the Commissioner has stated in writing an intention not to resist the application or has withdrawn opposition to the application.
Subject to paragraph (6), the Tribunal may alter the place and time of any hearing but the Secretary of the Tribunal must give the parties no less than 5 working days (or such shorter time as the parties may agree) notice of the new place and time of the hearing.
If the parties are present when the Tribunal announces the new place and time of the hearing, no further notice is required.
Nothing in paragraphs (1) or (5) obliges the Secretary of the Tribunal to consult or send a notice to any person who is not entitled to be present or represented at the hearing.