Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

1 Pa. Code § 35.187. Authority delegated to presiding officers.

§ 35.187. Authority delegated to presiding officers.

 Presiding officers designated by the agency head to preside at hearings shall have the authority, within the powers and subject to the regulations of the agency, as follows:

   (1)  To regulate the course of hearings, including the scheduling thereof, subject to the approval of the agency head, and the recessing, reconvening, and the adjournment thereof, unless otherwise provided by the agency head, as provided in §  35.102(b) (relating to hearing calendar).

   (2)  To administer oaths and affirmations.

   (3)  To issue subpoenas.

   (4)  To rule upon offers of proof and receive evidence.

   (5)  To take or cause depositions to be taken.

   (6)  To hold appropriate conferences before or during hearings.

   (7)  To dispose of procedural matters but not, before their proposed report, if any, to dispose of motions made during hearings to dismiss proceedings or other motions which involve final determination of proceedings.

   (8)  Within their discretion, or upon direction of the agency head, to certify any question to the agency head for consideration and disposition by the agency head.

   (9)  To submit their proposed reports in accordance with §  35.202 (relating to proceedings in which proposed reports are prepared).

   (10)  To take other action necessary or appropriate to the discharge of the duties vested in them, consistent with the statutory or other authorities under which the agency functions and with the regulations and policies of the agency.

Notes of Decisions

   Waiver of Error

   While it was procedural error for a hearing officer to dismiss proceedings prior to the submission of a final report, that error was waived by the contractor and will not be heard on appeal. Balfour Beatty Construction Co. v. Department of Transportation, 783 A.2d 901 (Pa. Cmwlth. 2001).

Cross References

   This section cited in 4 Pa. Code §  89.22 (relating to hearing examiner); 6 Pa. Code §  3.10 (relating to hearing authority); 6 Pa. Code §  22.95 (relating to formal appeals and hearings); 7 Pa. Code §  179.59 (relating to presiding officers); 7 Pa. Code §  179.96 (relating to conduct of hearing); 10 Pa. Code §  3.11 (relating to hearing rules); 12 Pa. Code §  11.14 (relating to presiding officer); 22 Pa. Code §  121.9 (relating to administrative loan collection review procedures); 22 Pa. Code §  121.10 (relating to administrative wage garnishment procedures for Federal loans); 25 Pa. Code §  1021.107 (relating to authority delegated to hearing examiners); 34 Pa. Code §  3a.9 (relating to suspension or revocation of Pennsylvania inspector commission); 34 Pa. Code §  71.25 (relating to hearing procedures); 34 Pa. Code §  95.91 (relating to hearings); 34 Pa. Code §  131.202 (relating to first hearing information and stay); 34 Pa. Code §  131.204 (relating to UEGF subpoenas and interrogatories); 34 Pa. Code §  401.14 (relating to decertification or refusal to certify); 37 Pa. Code §  79.83 (relating to appointment of hearing examiner); 37 Pa. Code §  123.8 (relating to presiding officer); 37 Pa. Code §  197.37 (relating to objections to the record); 37 Pa. Code §  203.103 (relating to hearing procedures); 49 Pa. Code §  16.53 (relating to powers and duties of hearing examiners); 51 Pa. Code §  21.24 (relating to hearing officer); 52 Pa. Code §  5.483 (relating to authority of presiding officers); 52 Pa. Code §  1003.73 (relating to Adjudication Department); 52 Pa. Code §  1005.184 (relating to authority of presiding officer); 58 Pa. Code §  145.12 (relating to hearing authority); 58 Pa. Code §  491a.7 (relating to presiding officers); and 61 Pa. Code §  703.34 (relating to hearing procedure).

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