Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

58 Pa. Code § 51.45. Procedures.

§ 51.45. Procedures.

 (a)  The Commission will designate one or more presiding officers to conduct hearings on issuance or denials of permits.

 (b)  Part II of 1 Pa. Code (relating to general rules of administrative practice and procedure) applies to proceedings under this subchapter.

 (c)  The presiding officer will file a proposed report with the Commission as provided in 1 Pa. Code §  35.202 (relating to proceedings in which proposed reports are prepared).

 (d)  A party filing exceptions to a proposed report may, by motion, request the opportunity to present oral argument to the Commission. If the motion is granted, oral argument will ordinarily be scheduled as part of a regular public meeting of the Commission. Oral argument to the Commission will not exceed 15 minutes per party unless the Commission, for cause shown, votes to adopt another schedule for a particular oral argument. This subsection supplements 1 Pa. Code §  35.214 (relating to oral argument on exceptions).

 (e)  The Commission’s chief counsel will either represent the staff in proceedings before the presiding officer and the Commission or will advise and counsel the Commission on its final decision.

Cross References

   This section cited in 58 Pa. Code §  69.42 (relating to policy); 58 Pa. Code §  69.44 (relating to review of permit applications); and 58 Pa. Code §  79.4 (relating to possession permits for native species).



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