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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter L. MOTIONS COMMISSIONERS AND MOTIONS EXAMINERS


Sec.


42.131.    Motions commissioners and motions examiners.

§ 42.131. Motions commissioners and motions examiners.

 (a)  The Commissioners may designate one or more commissioners to act as motions commissioner.

 (b)  The Commission may designate one or more full-time employes, who also function as permanent hearing examiners, to act as motions examiners.

 (c)  The motions commissioner or motions examiner designated by the Commissioners have the authority:

   (1)  To rule upon all motions or objections, except that a ruling on a motion or objection which would constitute a final determination of the proceedings will be ruled upon by the Commissioners.

   (2)  To issue orders as provided in Subchapter E (relating to discovery during investigation and in preparation for public hearing) and in §  42.34 (relating to motions).

   (3)  To authorize a preliminary hearing to expedite or facilitate a ruling on a matter before the motions commissioner or motions examiner, whenever a hearing is deemed necessary or appropriate.

 (d)  A motion, objection or request for discovery filed subsequent to the designation of hearing commissioners, a permanent hearing examiner or a preliminary hearing officer under §  42.101 (relating to hearings), or of a preliminary hearing officer under §  42.64(a) (relating to preliminary hearing officer), will be referred to the Commission, examiner or officer for a ruling thereon, except that a ruling or order which would constitute a final determination of the proceedings will be ruled upon by the Commissioners.

 (e)  A ruling or other order issued by a motions commissioner, motions examiner, hearing commissioner, permanent hearing examiner or preliminary hearing officer under the authority of this section will be a ruling of the Commission for all purposes.

Source

   The provisions of §  42.131 adopted August 13, 1976, effective August 14, 1976, 6 Pa.B. 1887; amended October 28, 1983, effective October 29, 1983, 13 Pa.B. 3283; amended April 19, 1991, effective April 20, 1991, 21 Pa.B. 1909. Immediately preceding text appears at serial page (84201).

Cross References

   This section cited in 16 Pa. Code §  42.103 (relating to subpoena for a hearing upon the merits).



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