Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

49 Pa. Code § 16.53. Powers and duties of hearing examiners.

§ 16.53. Powers and duties of hearing examiners.

 (a)  The hearing examiner has the power to conduct a hearing under this chapter, 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) and 2 Pa.C.S. § §  501—508 and 701—704 (relating to the Administrative Agency Law).

 (b)  The hearing examiner has the following powers:

   (1)  The power to issue subpoenas requiring the attendance and testimony of individuals and the production of pertinent books, records, documents and papers.

   (2)  The power to continue a formal hearing in order to call additional witnesses he may believe are required, or to get additional documented evidence before reaching his decision.

   (3)  The power to question and cross-examine witnesses presented by either party.

   (4)  The power to administer oaths.

 (c)  The hearing examiner is required to hear the evidence submitted and arguments of counsel and render a decision.

 (d)  The hearing examiner shall record his decision in the form of an adjudication and order, supported by findings of fact and conclusions of law.

 (e)  The hearing examiner shall provide copies of the adjudication and order to the Board, along with the transcript of the evidence. A copy of the adjudication and order shall also be furnished to the counsel of record or to the parties in the dispute.

 (f)  Subsection (b) supplements 1 Pa. Code §  35.187 (relating to authority delegated to presiding officers).



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