Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 6892 (October 30, 2021).

Pennsylvania Code



Subchapter E. PRESIDING OFFICERS


Sec.


1005.181.    Designation of presiding officer.
1005.182.    Qualifications.
1005.183.    Disqualification of a presiding officer.
1005.184.    Authority of presiding officer.
1005.185.    Restrictions on duties and activities.
1005.186.    Manner of conduct of hearings.
1005.187.    Unavailability of presiding officer.

§ 1005.181. Designation of presiding officer.

 (a)  When evidence is to be taken in a proceeding, either the Authority, a standing presiding officer appointed under §  1003.73(b) (relating to Adjudication Department) or an Authority representative appointed according to law and qualified as provided in §  1005.182 (relating to qualifications) may preside at the hearing.

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.185 (relating to designation of presiding officers).

Cross References

   This section cited in 52 Pa. Code §  1005.182 (relating to qualifications).

§ 1005.182. Qualifications.

 (a)  An authority representative appointed as provided in §  1005.181 (relating to designation of presiding officer) will be one of the following:

   (1)  A member of the Authority.

   (2)  The Director.

   (3)  An attorney admitted to practice law before the Supreme Court of Pennsylvania for at least 7 years prior to the date of designation.

 (b)  A presiding officer appointed to preside over an enforcement proceeding shall meet the qualifications in subsection (a)(3).

Cross References

   This section cited in 52 Pa. Code §  1005.181 (relating to designation of presiding officer).

§ 1005.183. Disqualification of a presiding officer.

 (a)  A party may file a motion for disqualification of a presiding officer which shall be accompanied by affidavits alleging personal bias or other disqualification.

 (b)  A presiding officer may withdraw from a proceeding when deemed disqualified in accordance with law.

 (c)  A motion for disqualification shall be filed with the Clerk and served on the presiding officer and the parties to the proceeding.

 (d)  The presiding officer will rule upon a motion for disqualification within 30 days of receipt. Failure to rule upon a motion for disqualification within 30 days of its receipt will be deemed to be a denial of the motion.

 (e)  The ruling of the presiding officer on a motion for disqualification is subject to the interlocutory appeal procedure in §  1005.131 (relating to interlocutory review generally).

 (f)  Subsections (a)—(e) supersede 1 Pa. Code §  35.186 (relating to disqualification of a presiding officer).

Cross References

   This section cited in 52 Pa. Code §  1005.181 (relating to designation of presiding officer).

§ 1005.184. Authority of presiding officer.

 (a)  The presiding officer will have the authority, within the powers of the act, this part or an order of the Authority. This authority includes, but is not limited to, the power to exclude irrelevant, immaterial or unduly repetitive evidence, to prevent excessive examination of witnesses, to schedule and impose reasonable limitations on discovery and to otherwise regulate the course of the proceeding.

 (b)  Upon the conclusion of a proceeding, the presiding officer will have the authority to issue a decision. Each decision of a presiding officer will be considered a recommended decision as provided in §  1005.201 (relating to recommended decisions generally), except as provided in section 5705(a) of the act (relating to contested complaints).

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  35.187 (relating to authority delegated to presiding officers).

§ 1005.185. Restrictions on duties and activities.

 (a)  Presiding officers will not perform duties inconsistent with their duties and responsibilities as such.

 (b)  Except as required for the disposition of ex parte matters not prohibited by the act, a presiding officer will not consult a person or party on a fact in issue unless upon notice and opportunity for all parties to participate.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  35.188 (relating to restrictions on duties and activities).

§ 1005.186. Manner of conduct of hearings.

 (a)  The presiding officer will conduct a fair and impartial hearing and maintain order.

 (b)  The presiding officer may note on the record a party’s disregard of a ruling. When necessary, the presiding officer may submit a report to the Authority recommending suspension and disbarment of the offending person as provided by §  1001.27 (relating to suspension and disbarment).

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  35.189 (relating to manner of conduct of hearings).

§ 1005.187. Unavailability of presiding officer.

 (a)  If a presiding officer becomes unavailable, the Adjudication Department’s supervising presiding officer may either designate another qualified standing presiding officer to prepare the initial or recommended decision or cause the record to be certified to the Authority for decision.

 (b)  Subsection (a) supersedes 1 Pa. Code §  35.203 (relating to unavailability of presiding officer).



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