Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

52 Pa. Code § 1005.111. Order of procedure.

HEARINGS


§ 1005.111. Order of procedure.

 (a)  In a proceeding, the party having the burden of proof shall open and close unless otherwise directed by the presiding officer. In a hearing on investigations and in proceedings which have been consolidated for hearing, the presiding officer may direct who will open and close. Oral rejoinder, if proposed by the party with the burden of proof, shall be completed before any cross-examination of the witness is conducted.

 (b)  The presiding officer will conduct a de novo review for proceedings held under §  1005.24 (relating to appeals from actions of the staff) and the burden of proof rests with the filing party.

 (c)  Except when the presiding officer determines that it is necessary to develop a comprehensive evidentiary record, the participation of a person granted the right to intervene in a proceeding will be limited to the presentation of evidence through the submission of testimony under §  1005.151 (relating to oral examination).

 (d)  In proceedings when the evidence is peculiarly within the knowledge or control of another party, the order of presentation in subsections (a) and (c) may be varied by the presiding officer.

 (e)  The presiding officer may direct the order of parties for purposes of cross-examination, subject to §  1005.112(f) (relating to presentation by parties).

 (f)  Subsections (a)—(e) supersede 1 Pa. Code §  35.125 (relating to order of procedure).

Authority

   The provisions of this §  1005.111 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1005.111 temporarily amended May 5, 2017, effective February 25, 2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. §  57B02(b), 47 Pa.B. 2558. Immediately preceding text appears at serial page (360379).

Cross References

   This section cited in 52 Pa. Code §  1005.113 (relating to failure to appear, proceed or maintain order in proceedings).



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