OFST 2014

The applicant filed a Request for Hearing 73 days after the Superintendent of Financial Services issued a Notice of Proposal to impose an administrative monetary penalty, well beyond the 15-day statutory deadline.

The Superintendent had already issued the final order before the request was filed.

The Tribunal dismissed the request, finding it lacked jurisdiction because the statutory time limit had expired without consent to waive it, and there is no statutory right of appeal to the Tribunal from an order already issued by the Superintendent.

The appellant filed a Request for Review of the Tribunal's Notice of Dismissal, which had dismissed her Notice of Appeal for lack of jurisdiction.

The Tribunal applied the threshold test under its Rules of Practice and Procedure, which requires an applicant to put forward new evidence or arguments not reasonably available at the time of the original hearing.

The Tribunal found that the appellant merely repeated arguments previously made and dismissed.

Consequently, the Request for Review was dismissed for failing to meet the threshold test.

The appellant filed a Notice of Appeal challenging an order of the Superintendent of Financial Services regarding the administration of her pension plan.

The appellant had previously challenged the Superintendent's Notice of Intended Decision, which was dismissed by the Tribunal, and her subsequent requests for review were also denied.

The Tribunal dismissed the current Notice of Appeal, finding that there is no statutory basis under the Pension Benefits Act for an appeal to the Tribunal from an order issued under section 87, and therefore the Tribunal lacked jurisdiction.