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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 5486 (August 26, 2023).

49 Pa. Code § 37.83. Hearing examiners.

§ 37.83. Hearing examiners.

 (a)  Powers and duties of hearing examiners. The hearing examiner appointed by the Board shall have the following powers and duties:

   (1)  To regulate the course of the hearing, including the scheduling thereof, and the recessing, reconvening and adjournment of the hearing, if at least 20 days notice of the date of the hearing or a continuance thereof is given to the Board counsel, on behalf of the Board.

   (2)  To administer oaths and affirmations.

   (3)  To issue subpoenas requiring the attendance and testimony of individuals or the production of pertinent records, documents and papers by persons believed to have information relevant to a matter pending before the hearing examiner.

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

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

   (6)  To hear evidence submitted and arguments of counsel, if any.

 (b)  Certification of record with or without a proposed report.

   (1)  Unless otherwise provided by order of the Board, the hearing examiner shall review the record in light of the applicable law, and promptly prepare, certify and file with the prothonotary of the Bureau and with the Board counsel, on behalf of the Board a proposed report in accordance with 1 Pa. Code §  35.205 (relating to contents of proposed reports), a copy of the transcript of record of the hearing and the briefs, if any, filed in the proceeding. A copy of the proposed report shall also be provided to counsel of record, or to the parties, if they are not represented.

   (2)  When, in the opinion of the Board, the factual allegations of a complaint involve issues which require knowledge of complex engineering, land surveying or geology principles to properly decide the merits of a case, the Board will issue an order directing the hearing examiner to preside at the formal hearing and to perform the duties in subsection (a), but, to certify and file with the prothonotary of the Bureau and with the Board counsel, on behalf of the Board, the entire record of the case without a proposed report.


   The provisions of this §  37.83 adopted January 21, 1994, effective January 22, 1994, 24 Pa.B. 518; amended October 25, 1996, effective October 26, 1996, 26 Pa.B. 5106. Immediately preceding text appears at serial pages (206182) to (206183).

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