Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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37 Pa. Code § 123.5. Rights of witnesses.

§ 123.5. Rights of witnesses.

 The following rights shall be available to witnesses appearing at a hearing:

   (1)  Copies of rules. Witnesses to appear under subpoena shall be provided with a copy of this chapter. Witnesses who appear voluntarily may obtain a copy of this chapter upon request.

   (2)  Hearing participants. At closed hearings, persons permitted to be in the hearing room shall be limited to members of the Commission, staff members of the Commission, the witness, interpreters when needed, and—for the purpose of taking the evidence—a stenographer. No other persons may be present during the conduct of the hearing; however, the witness shall have the right to have his attorney available for consultation outside the hearing room while he testifies.

   (3)  Objections. Witnesses shall have the right to object to questions, state the grounds of their objections and obtain a ruling thereon. Rulings by the presiding officer shall be final.

   (4)  Closing statement. Witnesses who believe that the effect of testimony is unsatisfactory for any reason shall be given reasonable time in which to make an oral statement under oath or affirmation at the close of their testimony. Any such statement shall be uninterrupted; except that it may be interrupted or terminated by the presiding officer if he determines that a reasonable time has expired or that the statement is impertinent, scandalous, or otherwise improper. The witness may elaborate by written statement under oath or affirmation. The written statement shall be received in full as part of the hearing record if submitted within ten days of the date of the appearance of the witness, except that the Commission may strike any impertinent, scandalous, or otherwise improper matter from the statement.

Source

   The provisions of this §  123.5 amended April 18, 1980, effective April 19, 1980, 10 Pa.B. 1592. Immediately preceding text appears at serial page (5293).



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