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 § 35.189. Manner of conduct of hearings.

§ 35.189. Manner of conduct of hearings.

 It is the duty of the presiding officer to conduct a fair and impartial hearing and to maintain order. Any disregard by participants or counsel of rulings of the presiding officer on matters of order and procedure shall be noted on the record, and if he deems it necessary, shall be made the subject of a special written report to the agency head. In the event that participants or counsel should be guilty of disrespectful, disorderly or contumacious language or conduct in connection with any hearing, the presiding officer immediately may submit to the agency head his report thereon, together with his recommendations, and in his discretion suspend the hearing.

Cross References

   This section cited in 4 Pa. Code §  607a.15 (relating to form of hearings); 7 Pa. Code §  179.59 (relating to presiding officers); 7 Pa. Code §  179.96 (relating to conduct of hearing); 34 Pa. Code §  3a.9 (relating to suspension or revocation of Pennsylvania inspector commission); 34 Pa. Code §  81.83 (relating to conduct of hearings); 34 Pa. Code §  401.14 (relating to decertification or refusal to certify); 37 Pa. Code §  203.103 (relating to hearing procedures); 52 Pa. Code §  5.485 (relating to manner of conduct of hearings); 52 Pa. Code §  1005.186 (relating to manner of conduct of hearings); 58 Pa. Code §  491a.7 (relating to presiding officers); and 61 Pa. Code §  703.34 (relating to hearing procedure).

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